Legal Question in Civil Rights Law in Maryland

A Case for Slander

Here is some background for my problem. I was having my routine 5-year reinvestigation for my security clearance done while I was working, as a contractor at the FBI building in Washington, DC. On July 31, 2003, The Security Division told me that I had to leave the building because during the course of the background check that they found some problems. I was not told what those were but I was told that I could file a FOIPA appeal. As a result of the layoff, my background reinvestigation not being completed so I had an inactive security clearance.

One of the reasons that the FBI gave in their report were remarks made by my 1st ex-wife who happens to be a Methodist minister. Her remark about me being fired from a job because I stole a floppy disk is clearly defamatory. Her other remarks pertaining to events in our marriage, my mental health, and our divorce were never verified by the FBI. As far as the child support and mental health go, I had provided full disclosure on the form.


Asked on 6/11/04, 12:47 pm

1 Answer from Attorneys
William Farley Law Office Professional Corporation

Re: A Case for Slander

You may have a case for defamation if there was any communications outside the investigation to other parties, i.e., your employer.

For instance, in the District of Columbia the content of letters by pilot's former lover to pilot's employer, alleging that pilot had used marijuana during his off-duty hours, was of "private concern," and thus were subject to defamation law.

However, the same letter sent to the FAA was protected speech because it was a "matter of public concern."

Speech which concerns conduct of government or important issues of self- governance is properly treated as "matters of public concern," and speakers are protected by First Amendment from inhibition that they inadvertently may run afoul of defamation laws.

Determination whether particular speech is kind that merits constitutional protection depends upon whether subject of speech is public official or figure, or, if private person, whether speech is on matter of public or private concern.

You should contact an attorney to explain the differences between the two types of communications.

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Answered on 6/13/04, 2:10 pm


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