Expert: Michael Troy - 7/30/2006

Question
I own a plant nursery.  On my blog site, I gave my opinion about
an author recommending the growing of a particular plant,
recommendatons I disagreed with.  I also noted that another
nursery also recommends the same advice.  My opinion was to
the point, but not at all malicious or slanderous.  It was written
as one would write an editorial in the newspaper (present the
facts and offer an opinion).

The nursery owner sent me an email asking me to remove
reference  of his nursery in my blog or he'll seek legal action.  

When it comes to businesses, is open forum opinions about
another business protected when it is stated by another
business?  Can I lawfully post their letter on my blog?

As a fellow AllExperts, I deeply appreciate your time.

Answer
Hi Jacob,

Unfortunately, I cannot address the specific legality of your situation.  There are, of course, many details that could affect the outcome which would have to be reviewed by a lawyer before a definitive opinion could be rendered.  However, I am happy to discuss the matter generally.

Expressing views about another company, even mentioning it by name, is protected activity.  Making statements of fact about another company that are not libelous (i.e. false and defamatory) are also usually fair game.  Quotatations from the site are usually ok so long as they are not so extensive to raise copyright issues.

Therefore, based on what you have said here, I am puzzled as to what legal action he thinks he can pursue.  I'm guessing it's bluff and bluster.

I hope this helps!
- Mike