Expert: Michael Troy - 1/10/2003

Question
If I were to handout flyers containing information about a coach at a local school containing factual information--his arrest for DUI, his arrest for assault, his past bankruptcies, the fact that he's been sued numerous times for conning people out of money--if these are all fact based statements, can I be sued for any sort of slander or liable?

Answer
Hi Julia,

Please keep in mind that I cannot provide specific legal advice here.  For that, you would need to speak with an attorney licensed to practice in your State.  However, I'm happy to discuss the issue generally.

The First Amendment protects a person's right to disseminate truthful information about others.  Even if the information is defamatory, that is that it shows the person in a bad light, it is not libelous if true.  There are occasions when revealing private information about a person, even if true, can be actionable for invasion of privacy.  However, a person's arrest record, bankruptcies, and past civil suits are all part of the public record.

The main thing I would keep in mind before distributing such informatin is to make absolutely sure the statements are factually true, including not exaggerating anything about them.  Secondly, even if truth is on your side, you can still be sued.  You should win in Court, but people can sue for just about anything, they just won't necessarily win.  Even if you win in court, you still have all the hassles of going to court, hiring a lawyer to defend you, etc.

I hope this helps!
- Mike