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  5. When can you sue someone for something they say?

When can you sue someone for something they say?

by Edward Shaw | Jan 24, 2025 | Civil Law, General Law |

Free speech is a cornerstone of our society, for good reasons.  A democracy depends on people being able to express their opinions about anybody, and anything.  Even the richest and most powerful in society can be criticized by any citizen in a free society.

Like all rights, free speech is not absolute, there are certain things that we cannot say, for good reasons.  It is against the law in Minnesota, and most other states to threaten force to intimidate someone, that is a crime in this state. While it is generally not a crime to make false statements about people, a person who does that can be sued in civil court for what is called defamation.  Defamation is a false statement made about someone that the person making the statement either knows is false or should know is false.  One is of course free to share their opinion about anyone.  How does one tell the difference? A factual statement is one that can be proven true, or false; for example, if I say that someone is a criminal and they have never been convicted of a crime that is a false factual statement, same as if I say they are a thief, and they have never stolen anything.  If I made those statements knowing they are not true I can be sued.  If I make statements of opinion, ie that someone is greedy, or dumb, those are allowed.

False statements of fact can be very damaging for individuals, or businesses; if you are in business and someone says that you are a thief it will drive customers away.  Statements like that are also very damaging to one’s personal reputation, being falsely accused of being a thief to our friends and family is humiliating.  If someone makes false, factual statements about you, you do have the option to take action against them.

 

Ed

What is the difference between legal and physical custody?

On Behalf of Ed Shaw Law | Apr 23, 2025 | Family Law

If you're going through a custody issue in Minnesota, it's important to understand the difference between legal and physical custody. These terms may sound similar, but they each play a different role in your child's life. Understanding legal custody Legal custody...

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JAIL PHONES

by Edward Shaw | Apr 4, 2025 | Criminal Defense

Many of you have seen movies involving phone calls from a jail or prison, maybe some of you have gotten calls from a jail or prison.  If you have, you may be familiar with the message that often plays 'This call is from a correctional institution and may be...

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EXPERT WITNESSES

On Behalf of Ed Shaw Law | Mar 27, 2025 | Firm News

Most people outside of the legal system have never heard of expert witnesses, a critical part of the legal system.  Unlike regular witnesses, who can testify about what they observed or heard, experts can offer opinions.  Experts are used to explain a variety of...

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Contracts for Deed

by Edward Shaw | Mar 12, 2025 | Business Law

They are an alternative method of financing the purchase and sale of property.  Instead of the buyer getting a bank loan, payments are made to the seller.  The arrangement has its advantages, by taking payments over time a seller can in some cases save on taxes. ...

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WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

by Edward Shaw | Jan 31, 2025 | General Law

I have written on this topic before, but, because it is a source of a lot of misunderstanding among the general public, it needs more attention. Police shows for decades have shown people being arrested and read the Miranda warning, 'their rights', you have the right...

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MONEY AND DIVORCE

On Behalf of Ed Shaw Law | Jan 13, 2025 | Firm News

When divorces are tough there are usually issues with money.  The rules on dividing assets, money, real estate, vehicles, anything of value, are simple, it is generally divided equally, regardless of who earned it, or whose name is on it.  The exception is...

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Tips for co-parents to keep the holiday season peaceful and joyous

On Behalf of Ed Shaw Law | Dec 6, 2024 | Custody

Co-parenting presents challenges throughout the year, but the holiday season can amplify these difficulties, even for those who maintain a cordial relationship with their former spouse. From Thanksgiving through the end of the year, the added stress of coordinating...

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Home For The Holidays

by Edward Shaw | Nov 27, 2024 | Firm News

It happens every year in the family court business, separated parents fighting over where the kids will be for the holidays.  The holiday season has its challenges to begin with, the stress or organizing get togethers, figuring out where people will be, traveling with...

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THE WHEELS OF JUSTICE GRIND SLOWLY

by Edward Shaw | Nov 1, 2024 | General Law

I watch very little TV, but the shows that I have seen about the legal system vary in how accurate they are, some are almost completely fantasy, others were clearly put together by people who have worked in the legal system and are pretty accurate. Almost all of the...

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WHEN DO YOU SHOW UP FOR COURT, WHEN DO YOU WRITE A STATEMENT?

by Edward Shaw | Oct 22, 2024 | Firm News

The question comes up for me all the time. Oftentimes, people do not know if they need to show up for court or simply sign a written statement, called an Affidavit. Here are the rules for an in-person hearing, usually called a trial or an evidentiary hearing: anyone...

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  • What is the difference between legal and physical custody?
  • JAIL PHONES
  • EXPERT WITNESSES
  • Contracts for Deed
  • WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

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