Expert: Michael Troy - 9/24/2009

Question
A young man fell from a bike sustaining serious head injuries.  The fire dept. paramedics arrived and could not secure a patent airway.  A medivac was called to the scene.  The nurse and paramedic on the flight team could not secure an airway and as a last resort performed a crichothyrotomy, but the kid died.  One fire dept. paramedic was upset and called his supervisor telling him that they had to watch as the flight team killed the patient.  The next day the supervisor stated to an employee of the medivac company that there flight team, "killed another one".  Of course you can imagine what has happened since.  Obviously everyone did what they could do to save the kid. My question: is the supervisor's speech protected even if it is not truthful and defamatory?

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

Generally speaking however, a false and defamatory statement of fact does not usually receive First Amendment Protection according to the Supreme Court.  That said, if the statement was understood in context not as an actual accusation of killing someone, it would not be defamation.

Also, even if not actionable defamation such a statement could be actionable by an employer for disturbing the ability of the workplace team to accomplish its goal.

But again, if this is an actual situation, you would want to speak with an attorney.

- Mike