Legal Question in Technology Law in New Jersey

Using Last Name on web

Someone has posted really nasty comments and untruths about me on a blog site. I understand free speech - but are they allowed to use my last name? This could really effect my career. Please help. Thank you so much.


Asked on 7/07/06, 5:05 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Using Last Name on web

I would have to see what the comments are.

Even if you do have a claim, what are you going to do about it? There may not be enough damages for an attorney to take the case on a contingent fee basis. Thus, are your prepared to pay for an attorney to fight this? You don't need one, but it doesn't seem like you are prepared to go at it alone.

This is just my opinion and other attorneys may disagree. If you are prepared to pay for an attorney to help you out with this, I could help you but I cannot take a case like this on a contingent fee.

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Answered on 7/07/06, 5:32 pm
John Corbett Corbett Law Firm LLC

Re: Using Last Name on web

There are limits to free speech. Libel is one of them. If someone has said something untrue about you, especially if it affects your career, it is likely that you have a cause of action against them. If you bring the statement to the attention of the entity publishing the blog and they refuse to remove the statement, it is likely that you also have a cause of action against the blog and those who operate it.

Many people think that they can hide behind email pseudonymns. They cannot. ISPs and publishers such as the entitly operating the blog are obligated to give up this information if it is supoenaed. It takes more time and effort, but eventually, a real person will be found at the end of the chain of evidence.

As a first order of business, you need to make a demand of the blog that the statement be removed. To preserve your rights and also for impact, I suggest that this be done by your lawyer. If you are not represented and if I can help further, feel free to contact me using the information associated with this reply.

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Answered on 7/07/06, 11:10 pm


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