Defamation

Ohio Defamation Law

Note: This page covers information specific to Ohio. For general information concerning defamation, see the Defamation Law section of this guide.

Elements of Defamation

The elements of a defamation claim in Ohio are essentially similar to the elements discussed in the general Defamation Law section, with the following exceptions and clarifications:

Defamation Per Se

Lilly v. Rocky Mountain Right

Submitted by on

Date: 

07/01/2008

Threat Type: 

Correspondence

Party Receiving Legal Threat: 

Anthony Surace, Rocky Mountain Right

Type of Party: 

Individual

Type of Party: 

Individual

Legal Claims: 

Defamation

Web Site(s) Involved: 

Rocky Mountain Right

Publication Medium: 

Blog

Status: 

Pending

Description: 

George Lilly, a Republican candidate for Colorado's First Congressional District, threatened legal action against Anthony Surace's blog, Rocky Mountain Right, unless Surace removed a post where Surace endorsed Lilly's primary opponent and criticized Lilly for being a possible detriment to the Republican ticket in Colorado.

In the offending post, Surace wrote that Lilly was "no Republican" and that Lilly's supporters "made clear they would not support [presumptive Republican presidential nominee] John McCain or [Republican candidate for the U.S. Senate] Bob Schaffer" in the coming elections.  Surace added that Lilly's presence on the ticket "could be disruptive enough to harm other Republican candidates running statewide."

Lilly emailed Surace to demand the post be removed and an apology issued, writing that Surace "libeled" him. In particular, Lilly argued against Surace's assertion that Lilly did not support Schaffer. Lilly added that he had sent copies of the email to his supporters. Ironically, Surace had deleted the post a few hours before receiving Lilly's email for reasons unrelated to Lilly's complaints.

Surace posted Lilly's email on the blog and wrote that he would "take George Lilly at his word that he supports Bob Schaffer and donated to his campaign," and that he apologized "for any confusion over the issue."  But Surace also criticized Lilly for threatening a frivolous lawsuit and noted several factual bases, including a video posted to YouTube by Lilly's campaign, that allegedly supported Surace's assertions. Surace also expressed concern that by sending copies of the email, which apparently contained his home address, to Lilly's supporters, Lilly was making a "veiled threat."

Later the same day, Surace reissued the offending post with new criticism of Lilly, writing that Lilly didn't have a legal basis for his threat and that he "should be ashamed of himself for thinking he could intimidate a political blogger with threats of legal action."

Related Links: 

Jurisdiction: 

Content Type: 

Subject Area: 

Threat Source: 

Google News

Candidate for U.S. Congress Threatens Legal Action Against Blogger

Submitted by on

George Lilly, the Republican candidate for Colorado's First Congressional District, says on his website that he considers defense of the U.S. Constitution a "sacred oath."  But after he threatened a libel lawsuit against the Rocky Mountain Right ("RMR") blog, one wonders about his views on the First Amendment.

Jurisdiction: 

Content Type: 

Subject Area: 

Using the Name or Likeness of Another

In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities. But, some states also prohibit use of another person's identity for the user's own personal benefit, whether or not the purpose is strictly commercial.

Publication of Private Facts

In most states, you can be sued for publishing private facts about another person, even if those facts are true. The term "private facts" refers to information about someone's personal life that has not previously been revealed to the public, that is not of legitimate public concern, and the publication of which would be offensive to a reasonable person. For example, writing about a person's HIV status, sexual orientation, or financial troubles could lead to liability for publication of private facts.

Statute of Limitations

"Statute of Limitations" is a term used by courts to describe the maximum amount of time plaintiffs can wait before bringing a lawsuit after the events they are suing over have occurred. This time limit is typically set by state statute and is intended to promote fairness and keep old cases from clogging the courts.

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