Legal Question in Discrimination Law in New York

Reporting suspect terrorist activity

What Statutes protect an individual who reports suspect terrorist activity to the FBI, from being sued by the suspect party?

Thank you


Asked on 8/08/06, 8:14 pm

4 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Reporting suspect terrorist activity

As a post script: because you asked about an individual, I did not consider this in the employer/employee context. However, under the whistleblower laws enacted by the Federal Government and most State Governments, including a provision in Title VII, if an employee reports his employer for illegal activity,(Securities Fraud to OSHA violations) and is then fired he or she may have a retaliatory termination action.

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Answered on 8/11/06, 10:22 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Reporting suspect terrorist activity

Generally, so long as you had a reasonable belief that what you stated were true you should be absolutely fine. However, if it can be shown that you purposely made these statements knwoing them to be untrue with the intent to harm the other person you may be in some trouble.

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Answered on 8/10/06, 8:31 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Reporting suspect terrorist activity

While there are not specific statutes which prevent the filing of retaliatory lawsuit, there are effective defenses so long as the reporting is made in good faith.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/09/06, 10:31 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Reporting suspect terrorist activity

You are essentially asking about the First Amendment and the common law privileges that have developed to protect individuals who

participate in matters of public interest from being gratuitously sued. Of course, the flip side of the coin is defamation; if it is done with reckless disregard or knowledge of falsity.

There are also statutes enacted in some states to prevent SLAPP suits, (suits against public participation) and in NY these are in the Executivce Law.

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Answered on 8/08/06, 9:00 pm


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