Free Speech and Social Media

by Dr. Bob G. Smith ·

So, you write that a judge, “doesn’t know his ass from his elbow!” Previously, you show to the judge and the judge doesn’t put your dog up but puts up a dog that you consider inferior to yours. You feel you have the right to your opinion. You paid for the judge’s opinion and he gave it. You obviously disagree as indicated by your “doesn’t know his…” comment. Is your written and published comment injurious to the well-being and/or livelihood of the so-called “anatomically challenged” judge? What if others write in support of his “opinion/selection”? Could the published negative statement(s) be considered libelous?

Do I have the right to publish my opinion on a social media site? Isn’t that the exercising my right of “free speech”? If it is a negative opinion about another person, does such a statement constitute a libelous offense once it is published? Since I am not a lawyer and have never played one even in community theatre, I visited Merriam-Webster On-line Learner’s Dictionary and found this definition of a libelous statement: containing an untrue written statement that causes people to have a bad opinion of someone. In my opinion, the key word in that definition is “untrue”. Who decides what is “untrue”? Does it take a court of law?

Was the judge in this particular situation libeled? It was a written statement and “could have” caused readers on the social media (SM) site to ‘have a bad opinion of…’ the judge. I raise this issue because of the “open forum” nature of social media. Can a member of a social media website write opinion(s) about another person with impunity? Without consequences? Do I have free-rein to write and publish anything I choose about another person?

I write this column each month and am very careful, very, very careful to avoid writing anything negative about a specific person. Before I would write anything considered libelous about another person, regardless of how angry I was, I would NOT write ANYTHING! But that is me! I am very careful, sometimes too careful, my friends/readers have opined.

Back to the writer’s impunity from any sanction in a SM “chat room”. Should there be any sanctioning or censoring of the written “opinions” of contributors? The following are MY opinions: First, I believe that any SM “room” should have a monitor(s) who enforces the “rules” or conditions of contributing to a given SM room. Second, I believe that whenever a SM “group” is established, there should be guidelines for membership, rules for contributing to the general discussion, and guidelines for removal/blocking for non-conforming members. However, back to “First”…there has to be someone who monitors and, yes, “polices” the interaction. Social media groups, in my opinion, are microcosms of society in general. There are laws, mores, guidelines, and standards governing our societal interactions. Why should there not be similar sanctions for SM groups? In any civilized society, there are rules, regulations, laws, etc., that protect the members of that society. It’s what makes the society civilized; makes the members feel safe; and makes the society a desirable one.

A SM group without sanctions, regulations, etc., reminds me of the “wild, wild, West.” At my age, I can remember, not so fondly, the lawlessness that existed. Are we contributing to that kind of environment when members of a SM group can make statements about another member without sanctions? Does a negative written statement about a person’s ability to do a job constitute “libel?” I’m not writing here to make that determination. Just raising the issue(s)!

Does a judge or anyone, for that matter, have any recourse if libeled? If someone writes statements about me as a writer or judge or friend or father on a SM site, do I have any recourse? Can I bring suit against that person if I lose a writing “gig” or judging assignment or friend or become alienated from family because of what was written and I can refute the statement(s) with evidence? Do I have the time to rebut the statements? Do I have the money to hire a legal team to defend my honor? Do I let it ride? What if I am dependent upon judging assignments for future compensation? Has the accusation of ‘not knowing my anatomy’ very well impeded my ability to receive future compensation? Based on past assignments and current standing in the dog show/judging community, I believe that this judge will continue to be held in high esteem as evidenced by those SM group members who wrote statements in support of the judge. According to my sources, the subject (judge) of this discussion continues to be sought after as a judge of multiple breeds/groups.

So, if I am angry about someone’s opinion, whether it’s a judge or not, what do I do? Do I write it on a SM website? I will not! But I might send the person a letter, etc., that is intended for that person ONLY and explain my anger/opinion, etc. But that’s just me!

Short URL: http://caninechronicle.com/?p=2947

Posted by admin on Apr 12 2012. Filed under Current Articles, Editorial, Featured. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.