Crossing the Line with Online Criticism

LEGAL BRIEF

Let’s face it. You didn’t reach your post in school administration without enduring public criticism — some fair, some not. But social media has created platforms for critics leveling accusations seemingly with impunity.

A quick scan of news coverage and court opinions unearths multiple examples of superintendents accused of everything from sexual and financial misconduct to being jerks back in high school. Is there no accountability for making online allegations? What about defamation?

Defamation means communicating a false statement of fact that adversely affects a person’s reputation, business or position by exposing the person to public hatred, contempt or disgrace. Defamation is slander when it’s communicated through the spoken word and libel when it’s in writing.

Sometimes the false statement is so egregious, such as accusing someone of a crime or other misconduct, that damages related to mental anguish and loss of reputation are presumed. Otherwise, a plaintiff must prove personal harm to win a lawsuit.