Expert: Michael Troy - 10/23/2008

Question
I would like to post a web site factually criticizing the family court judges treatment of men in cases of domestic violence.  

Let me be clear, I am in no way advocating violence against women.  The crisis, and I do mean crisis, is the Prosecutors have been instructed to try all cases; even where there is clear evidence of false testimony, no physical signs and no evidence.  

The result is often convictions which become criminal records for those unfortunate individuals.  My intention is to post a well managed and disciplined web site that exposes through statistics and personal experience the injustice that in my opinion is drastically out of control in my county.  

What cannot be expressed or what would cross the line where I would lose protection under the first amendment.  

I already understand the obvious, threats of harm, inciting etc.

Public servants (judges) although powerful and "look out" if they get an opportunity.  My last statement makes me fearful enough.

Can I express opinion without risk of them using their power to falsely prosecute by protection afforded under the First Amendment of the US Constitution.

Answer
Hello,

Please keep in mind that I cannot provide specific legal advice in this forum.  That can only be done by an attorney licensed to pracitce in your State.

Generally speaking however, things to watch out for when publishing a web site go beyond threats or incitement.  The other important consideration is libel.  Any false statement of fact could subject the author to a suit.  For example, saying the judges and prosecutors are conspiring to send innocent men to prison would allege a criminal intent that the judge would probably argue is false.  True facts and opinion are protected, but it is easy to stray accidentally into false facts.

I hope this helps!
- Mike