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  1. #1
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    Feb 2009
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    Default Is It Slanderous to Use Real Names

    The region is "New England" I'd rather not state the actual state. I'm hoping this would be a federal law and not state law.

    I was wondering if anyone here knows the law about writing and publishing a non-fiction book and using real people; their names, companies, etc?

    I was falsely charged with felony theft from a former employer and it has ruined and taken control of my life. I am in the process of writing a book about my experiences working at the place and the conspiracy against me, and everything that went on. Am I allowed legally to use REAL names and the real business name and anyone involved, etc? I plan to write only facts as nothing will be "made-up."

    Please let me know anything any of you know regarding this. I appreciate it. Thank you.
    Sparrows

  2. #2
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    Aug 2007
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    Default Re: Is It Slanderous to Use Real Names

    Quote Quoting Sparrows95
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    The region is "New England" I'd rather not state the actual state. I'm hoping this would be a federal law and not state law.

    Why is that?

    I was wondering if anyone here knows the law about writing and publishing a non-fiction book and using real people; their names, companies, etc?

    I was falsely charged with felony theft from a former employer and it has ruined and taken control of my life. I am in the process of writing a book about my experiences working at the place and the conspiracy against me, and everything that went on. Am I allowed legally to use REAL names and the real business name and anyone involved, etc? I plan to write only facts as nothing will be "made-up."

    Please let me know anything any of you know regarding this. I appreciate it. Thank you.
    Sparrows

    Be extremely cautious when doing such. Think it out and consult an attorney, don't outright do it. This is legally distinctively different from filing a labor charge/civil suit with such facts.

  3. #3
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    Default Re: Is It Slanderous to Use Real Names

    There has recently been a First Circuit (that means New England) court case that is at least somewhat on point to this question. The ruling would make it very dangerous for you to use real names as under this ruling, as the ruling stated that even telling the exact truth can be considered slanderous if told maliciously. And the decision was made based on the law of one state. So yes, the state can matter.

  4. #4
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    Default Re: Is It Slanderous to Use Real Names

    That's Noonan v Staples, discussed here, applying a Massachusetts statute. I am not sure that I trust the Noonan court's analysis, or perhaps I should say its choice not to resolve its interpretation of the statute as incompatible with the First Amendment, but there certainly are state laws that protect privacy interests that can be violated even by truthful statements.

  5. #5
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    Default Re: Is It Slanderous to Use Real Names

    Oh, I think that the Noonan decision is very dangerous and I don't agree with it either. But only a couple of days ago the Appeals court refused to hear the case, so for the moment it stands. At least until the trial.

  6. #6
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    Default Re: Is It Slanderous to Use Real Names

    Quote Quoting aaron
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    That's Noonan v Staples, discussed here, applying a Massachusetts statute. I am not sure that I trust the Noonan court's analysis, or perhaps I should say its choice not to resolve its interpretation of the statute as incompatible with the First Amendment, but there certainly are state laws that protect privacy interests that can be violated even by truthful statements.

    I was just, believe it or not, ready to post the decision.


    http://www.ca1.uscourts.gov/cgi-bin/...=07-2159P2.01A

    The 1st Circuit does not include CT or VT either.

  7. #7
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    Default Re: Is It Slanderous to Use Real Names

    No, it doesn't. But there's still a reasonable chance that "New England" will encompass the First Circuit. The overall odds are in favor.

  8. #8
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    Default Re: Is It Slanderous to Use Real Names

    The statute at issue only applies to Massachusetts. I'm not aware of any other statute that's as broad; but as we've discussed, we can't begin to check until we know the state involved.

  9. #9
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    Default Re: Is It Slanderous to Use Real Names

    Quote Quoting aaron
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    The statute at issue only applies to Massachusetts. I'm not aware of any other statute that's as broad; but as we've discussed, we can't begin to check until we know the state involved.

    Yes, it was a state tort claim, and removed under the diversity statute, I presume, which is now jurisdictionally $75,000.00:


    "Noonan, a Florida resident, filed suit in Massachusetts state court; Staples, a Massachusetts corporation, removed to the U.S. District Court for the District of Massachusetts.'

    Although it cites SC case law, such as New York Times/Sullivan, it would not necessarily be binding precedent for the entire 1st, right?

  10. #10
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    Default Re: Is It Slanderous to Use Real Names

    Times v Sullivan applies; but they distinguished it - the statute's reference to "malice" predates Times v Sullivan, and thus the legislature could not have been using the definition of malice set forth in that case.

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