Expert: Michael Troy - 7/8/2009

Question
Hi, I am a witness for the state of PA against a local man in our town.  We were in the US post office waiting in line and I asked him about media mail prices.  He then started bantering on about a local business (free newspaper that has stories in it and lots of advertising). He was going on about how crappy the paper was and the editing was awful and I knew that he was loudly speaking to the man in front of me that used to edit the paper.  He obviously had some anger issues with these people and would not let up even when I told him to stop.  He used to write for these people and he also is co-owner of a small book store.  There were alot of people in the post office and I luckily got to be the dummy who tried to make small talk.  He has had 3 other incidents with the police over the same paper and he just won't let up.  I am also a business owner (small diner) and I know if someone had been bad mouthing my business the way he was bad mouthing them I would have cracked him one upside the head.  Is there a way of determining if it is considered free speech or just someone blowing off at the mouth and making people feel uncomfortable?  He and his girlfriend are trying to call me on the phone and bother me.
Saying the police are coercing me.  They did not.   thanks, sandy

Answer
Hi Sandy,

Please keep in mind that I cannot provide specific legal advice in this forum.  For that, you would need to speak with an attorney licensed in your jurisdiction.

Generally speaking, however, people are free to express poor opinions about other people or businesses.  That is protected speech.  They may not tell lies about another person or business.  If they did, the victim could sue for defamation.  But expression of an opinion is generally protected.

It is not protected for a person to use words to harass others and annoy people.  That can be actionable as well.

I hope this helps!
- Mike