Legal Question in Civil Rights Law in District of Columbia

Harrasment or Slander?

I settled a discrimination lawsuit against my former military employer in 1997 or 1998. One of my former witnesses contacted me. He stated that the primary individual that I successfully sued, stated to other employees that the reason I won my case against him was a direct result of this witnesses testimony. That is not a true or accurate statement. I had 7 -10 witnesses total. All of thee people gave depositions. This person feels slandered and intimidated. How can he get help to stop this person from discussing a closed case this many years later.?


Asked on 7/16/02, 7:24 am

3 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Harrasment or Slander?

Most speech is protected in this country, and there is nothing which can be done about it. It is not illegal to discuss past litigation, no matter how long it has been concluded, nor to express opinions about it as opinions are free speech. The law provides protection only for false statements intend to harm, which fall under the legal doctrines of libel [written] or slander [spoken]. The truth is always a 100% defense to a libel/slander action. There are many statements/opinions we disagree with; there is, however, nothing which can be done except to express a contrary opinion.

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Answered on 7/16/02, 8:21 am
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Harrasment or Slander?

Being the "star witness" has never been looked upon as a smear. At the least the statements would have to be put into a more complete context. I don't believe that any defamation has occured. Further, your action is a matter of public record, and can be talked about by anyone, forever. Check the First Amendment of the U.S. Constitution's guarantee of free speech.

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Answered on 7/17/02, 3:30 pm
Cotie Jones Jones & Associates

Re: Harrasment or Slander?

Mr. Aspinwall is correct. The nature of the speech appears to be opinion (the speaker BELIEVES that the witness' testimony was the deciding factor, any reasonable person hearing his statement would interpret it as his opinion, as he is not e.g., god or the judge), which is protected speech. The only way it would be actionable, is if for example there was malicious false speech attached to the statement,e.g. "the witness lied, and that's why they won" AND the witness was DAMAGED (lost money, job, etc. was injured -not just didn't like or agree with statement) by the speech. NO DAMAGE, NO CASE. Also if there was malicious false speech and it was defamatory in its nature, e.g. "the witness perjured herself" Accusation of a felony is libel (slander) per se, and is actionable.

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Answered on 7/16/02, 1:30 pm


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