If I Follow My Passion Will I Get Sued?

34 replies
Hey Warriors!

One of my passions is obviously helping people who are where I once was. But one of my passions is:

- News rants - celebrity, political, stupid parents, you name it!

I do this all over my Facebook or on the phone. I get riled up. I ENJOY it. But it worries me to think of starting a site about it.

If I launch a site where I'm speaking my mind (let's say I'm blogging about how somebody needs to pull a Jamie Spears on Charlie Sheen because he's an obvious delusional crackhead)...am I gonna get sued for speaking my mind?

I haven't even gotten into images. I don't know how PerezHilton.com started out using images before he had that $30k a month ad income. He got real paparazzi shots.

Does anyone have any input about this kind of site? And yeah I know - nobody's a lawyer in here so there's no need to CYA - I'm just asking friends for their input, not legal advice.

Thanks,
Tiff
#follow #passion #sued
  • Profile picture of the author Mike McAleer
    I don't think you should worry about it I mean I am not a lawyer but I wouldn't mind another one of these blogs. There are so many of them out there how could someone sew so many ppl?
    Signature

    Recent domain flips : $8->$1000 Social recruiting Software dot com $8->$2000 MobileSalesSoftware.com
    Invest in domains without the hard work !
    Email for details...Mike McAleer at me dot com

    {{ DiscussionBoard.errors[3447941].message }}
  • Profile picture of the author Jake Gray
    If I were you, I wouldn't even bother with it.

    There are other things out there you can make even more money with. I just simply wouldn't risk my reputation or potential lawsuits.

    Jake
    {{ DiscussionBoard.errors[3447965].message }}
  • Profile picture of the author thegotoguy
    Originally Posted by TiffanyDow View Post

    Hey Warriors!

    One of my passions is obviously helping people who are where I once was. But one of my passions is:

    - News rants - celebrity, political, stupid parents, you name it!

    I do this all over my Facebook or on the phone. I get riled up. I ENJOY it. But it worries me to think of starting a site about it.

    If I launch a site where I'm speaking my mind (let's say I'm blogging about how somebody needs to pull a Jamie Spears on Charlie Sheen because he's an obvious delusional crackhead)...am I gonna get sued for speaking my mind?

    I haven't even gotten into images. I don't know how PerezHilton.com started out using images before he had that $30k a month ad income. He got real paparazzi shots.

    Does anyone have any input about this kind of site? And yeah I know - nobody's a lawyer in here so there's no need to CYA - I'm just asking friends for their input, not legal advice.

    Thanks,
    Tiff
    I wouldn't worry too much about it. You are wantint to start an "opinionated blog" which is done by a lot of people. Namely Perez Hilton. And a few others who Vlog about the same things are Phillip DeFranco and Buck Hollywood. You'll be fine. If you enjoy writing it, have at it and good luck. Besides, its your 1st amendment right to do so as long as its not slander and its clearly an opinionated blog that is open for comments.
    {{ DiscussionBoard.errors[3447987].message }}
  • Profile picture of the author kindsvater
    General rules of thumb about defamation:

    Stating false facts about someone can get you into hot water.

    Having an opinion about someone will not.

    Public figures have higher burdens to also show intentional malice or acting with reckless disregard for the truth.
    {{ DiscussionBoard.errors[3447990].message }}
    • Profile picture of the author myob
      If I Follow My Passion Will I Get Sued?
      I know for sure that I would be pursued.
      {{ DiscussionBoard.errors[3448007].message }}
    • Profile picture of the author magman01
      Originally Posted by kindsvater View Post

      General rules of thumb about defamation:

      Stating false facts about someone can get you into hot water.

      Having an opinion about someone will not.

      Public figures have higher burdens to also show intentional malice or acting with reckless disregard for the truth.
      I am a lawyer, and I agree. Slander or libel involves stating false facts, not opinions.
      {{ DiscussionBoard.errors[3449392].message }}
  • Profile picture of the author katied772
    Tiffany,
    I have absolutely no idea about the legalities but I think you would be great at doing that type of blog. Let us know. Want to read it.
    Linda Kate

    **I have also been considering doing a kind of "tongue in cheek, sarcastic humor" fun blog that I wonder about crossing lines.
    Signature


    {{ DiscussionBoard.errors[3448064].message }}
  • Profile picture of the author mikemcmillan
    Tiffany,

    I get the uneasy feeling that the rants you have bottled up inside are likely going to be directed at me! I have therefore taken the liberty of filing suit a priori in court for damages that might be incurred. The judgment just came down in my behalf only moments ago as shown below.
    - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    Michael McMillan, referred to as PLAINTIFF, and Tiffany Dow, referred to as DEFENDANT, agree:

    The parties have been engaged in litigation before the 3rd District Court of Outer Mongolia, Case Number 459UT775N, styled Michael McMillan vs. Tiffany Dow.

    On Feb. 27, 2010 the Court rendered a decision in the matter of Ms. Dow's intent to publish slanderous and defamatory representations of Mr. McMillan, his products, his parent company, subsidiaries, holding companies and stockholders. The parties desire by this agreement to reach a final and complete settlement of the dispute.

    All parties hereto waive the right to file any Motions or other legal process to request that the judgment be modified, vacated or appealed in any way.

    In full and complete settlement of the disputes litigated and which could have been litigated, the following settlement shall occur:

    CASH AWARD TO PLAINTIFF (Mr. McMillan) OF $22,000,000.

    Said settlement shall be consummated no later than March 1, 2011.

    (Tiff, I'll take cash, check, Denny's food card or payment in the form of $1 gift certificates to Taco Bell.)
    .
    .
    .
    Wait! Stop! Don't file a counter suit Tiff! Just kidding .
    Still, a taco bell gift book might make me reconsider taking such action in the future !

    --Mike
    Signature

    I'll help you create a reputation-building evergreen product in any niche and launch it successfully!
    Check it out here.

    {{ DiscussionBoard.errors[3448091].message }}
  • Profile picture of the author sodette1
    Hey Tiffany:

    First rule of things like this is always to get the opinion of an attorney (you know that already though).

    Our opinions are just that; opinions.

    Will you get sued? Yep. Especially if your site takes off and becomes popular, count on it.

    Even if they don't have any grounds to stand on, suing is a solid way to stop people from having opinions. Lawyers cost money - even to win.

    If your site is not too popular, you have only 3 readers, likely not going to be an issue.

    ----------

    Legal documents and HOW you state things is very critical here...

    Saying "Steve Odette IS fat..." is not the same as saying "In my opinion, Steve Odette is fat."

    If opinions could get you sued, comedians would all be out of a job.

    If you have facts... double, triple and quadruple verify them and always use the references to your sources.

    For example: "The Wall Street Journal, 2/27/2011 stated on page 3, paragraph 14 under Steve Odette - brilliant marketer... "Steve Odette is PHAT, and in our research, we find this to be true."

    I think you can find some software that will reseach news sources for you and pull up actual quotes from reputable sources.

    Also, don't just use an AKA or pseudonymn for your name - get incorporated... at least have a two member or more LLC setup (again, get an attorney to determine what kind of entity would be best and would offer you the best protection legally).

    People sue for several reasons: to shut you up, shut you down, get paid, make a point, get publicity, destroy your business, etc.

    Suing a corporation is a LOT less appealing to attorneys because winning, in many circumstances, means an immediate tax liability on the winnings and a delayed (charging order) result in getting any actual benefits.

    Plus, corporate veils keep personal assets (when done correctly) out of harms direct line of fire.

    I'd say go for it... have a blast, just get the pieces in place first and know what you are doing.

    Posting pictures of people that are not copyrighted is legal... quoting them is legal... using courthouse documents and public documents is legal... getting verified sources is just intelligent, using quantifiable data is preferred.

    And... saying an opinion is an opinion (with the correct legal documents to also state that anything on your sites is an opinion) is just smart business.

    Once you get all of the pieces in place... Roast Away!

    **NOTE: I bet you can also find a good source for jounalism legal issues or legal considerations for journalists, etc. in your favorite search engine that would give you some great insights here as well.
    Signature

    NEW MEMBERSHIP PLATFORM! PayPal (Express Checkout!), JVZoo, ClickBank, Stripe, Authorize.net, Powerful Coaching Software, Blogging Platform, Forum, Landing Pages, Themes, Coupons, Manage Videos, Audios, Downloads easily, Amazon S3 Integration, Reporting System, Complete Affiliate Management, Membership Management... much more.
    {{ DiscussionBoard.errors[3448154].message }}
  • Profile picture of the author Jordan Kovats
    Howard Stern has made Millions doing this....
    {{ DiscussionBoard.errors[3448409].message }}
    • Profile picture of the author chasnsx
      Originally Posted by theseoguys View Post

      Howard Stern has made Millions doing this....
      Howard Stern made millions getting beautiful women to show him their boobs on the radio and talking about it.

      Persuading those women to take their clothes off in front of him made him a brilliant salesman. Figuring out that guys would want to listen to that made him a marketing genius.
      {{ DiscussionBoard.errors[3450088].message }}
  • Profile picture of the author Nevin McQ
    For opinions you do not need to worry, however again I am not a lawyer but start a LLC or Corporation for the Blog and then only the entity can get sued

    Originally Posted by TiffanyDow View Post

    Hey Warriors!

    One of my passions is obviously helping people who are where I once was. But one of my passions is:

    - News rants - celebrity, political, stupid parents, you name it!

    I do this all over my Facebook or on the phone. I get riled up. I ENJOY it. But it worries me to think of starting a site about it.

    If I launch a site where I'm speaking my mind (let's say I'm blogging about how somebody needs to pull a Jamie Spears on Charlie Sheen because he's an obvious delusional crackhead)...am I gonna get sued for speaking my mind?

    I haven't even gotten into images. I don't know how PerezHilton.com started out using images before he had that $30k a month ad income. He got real paparazzi shots.

    Does anyone have any input about this kind of site? And yeah I know - nobody's a lawyer in here so there's no need to CYA - I'm just asking friends for their input, not legal advice.

    Thanks,
    Tiff
    {{ DiscussionBoard.errors[3448588].message }}
  • Profile picture of the author Danervin
    hello,

    You can not get sewed because if they did they would have to sew everybody that has ever made a site/page like that. I think if it is something you are passionate about and it drives you that you should pursue it and you will get very far. (hope this helps)
    {{ DiscussionBoard.errors[3448607].message }}
  • Profile picture of the author bertyounger
    Opinion is fine but it must stop before you actually slander someone. Also, personages in the public arena are all fair game; however that is not the same for private citizens. Makes these distinctions and you'll be fine.
    {{ DiscussionBoard.errors[3448638].message }}
  • Profile picture of the author Colin Palfrey
    Hi Tiffany,

    You can put anything within reason but I advise you to add to your disclaimer that what you write is personal opinion.

    In the US you are very heavily protected in regard to what you write, and just look at your local gossip rag to see how far that limit extends. The right to free speech is just an opening to your defense when you are talking about news sites.

    As to your images, I suggest AP here AP Photo Services | The Associated Press

    Regards,
    Colin Palfrey
    Signature

    I write articles and eBooks - PM me for details!
    {{ DiscussionBoard.errors[3448655].message }}
  • Profile picture of the author Terry Hatfield
    If you start talking smack about famous rich people then you will get sued.
    {{ DiscussionBoard.errors[3448700].message }}
    • Profile picture of the author Colin Palfrey
      Originally Posted by Terry Hatfield View Post

      If you start talking smack about famous rich people then you will get sued.
      Did you ever read a tabloid? LOL

      Michael Jackson was accused of everything from fiddling with children to being an alien, without proof.
      Signature

      I write articles and eBooks - PM me for details!
      {{ DiscussionBoard.errors[3448921].message }}
      • Profile picture of the author koolphoto
        That's how Perez Hilton got his start. He only got into trouble when all the celebrity photo agencies went after him for stealing photos without paying.

        You do have a little leeway with public figures. Just read up about Slander so you stay away from that.

        The National Enquirer has a bevy of lawyers and a large bank account. If you don't then you can still tread the waters, just paddle lightly to start.

        Ken
        Signature

        My name is Ken Katz and I am a Web Designer and Photographer. My motto: "If you really want to do something, you'll find a way. If you don't, you'll find an excuse." -Jim Rohn

        Celebrity Portrait Photgapher - My Photography Portfolio.

        {{ DiscussionBoard.errors[3448953].message }}
  • Profile picture of the author TheBigShow
    National Enquier has been lying about folks for more years than Ive been born ....LOL
    {{ DiscussionBoard.errors[3448711].message }}
  • Profile picture of the author VOnline
    I wouldn't worry.
    Freedom of speech!

    Keep it reasonable and maybe a disclaimer tho.
    Signature
    WardrobeStaples.com
    Pleasures of Effortlessly Receiving New Wardrobe Essentials Every Month


    Feel good about throwing out old clothes because you know there’ll be a new one waiting for you at the door.
    {{ DiscussionBoard.errors[3448976].message }}
    • Profile picture of the author koolphoto
      I don't think slander or defamation is covered under the freedom of speech. If you do then read up on slander and defamation.

      And, if you defame someone a disclaimer means diddly.

      If you don't defame them, give your opinions and don't make things up then I personally don't think you will get into any trouble.
      Signature

      My name is Ken Katz and I am a Web Designer and Photographer. My motto: "If you really want to do something, you'll find a way. If you don't, you'll find an excuse." -Jim Rohn

      Celebrity Portrait Photgapher - My Photography Portfolio.

      {{ DiscussionBoard.errors[3448996].message }}
      • Profile picture of the author Terry Hatfield
        The tabloids get sued all of the time.

        Due you want to be sued all the time?
        {{ DiscussionBoard.errors[3449014].message }}
  • Profile picture of the author AnimalSpirit
    I'm not an expert in field, but I would advise you to get royalty free pictures of celebrities that may cost a couple of dollars on authority image sites that sell pictures. As far as content goes, you can pretty much wright anything you want as long as what you say is real. So yea, I think gossiping shouldn't get you in trouble.
    {{ DiscussionBoard.errors[3449077].message }}
  • Profile picture of the author Palusko
    Make it a comedy or a parody, and you'll be fine. Just look how far South Park or Simpsons can go. Not to mention late night shows. Or the fun everyone has with Sheen now. I believe, there are also some different rules when it comes to use of copyrighted material for comedy/parody purposes (triple check this though).
    Also keep in mind, that opinions are protected by the freedom of speech. Even hate speech is protected to some degree.
    I have mixed feelings from seeing how people are becoming timid and "in line" with their opinions in fear to be sued. Looks like the "money" wins. I blame the system - if the losing party had to pay for all court expenses, people would think twice about suing and having the money would matter much less. But if wining can leave you bankrupt the same as losing, people are afraid and just play it too safe. Or don't play at all, just in case. OK, enough of politics.
    Good luck.
    {{ DiscussionBoard.errors[3449109].message }}
  • Profile picture of the author Iemagine
    There are plenty of blogs of this type online. You can say anything that you want because its your opinion and you can provide a disclaimer at the bottom of the blog for legal purposes. If someone were going to sue you over this blog then all of the people who comment and say terrible things via yahoo news would be able to be sued. Don't worry about it. Just put a disclaimer up.
    {{ DiscussionBoard.errors[3449574].message }}
  • Profile picture of the author BloggingPro
    I think the most successful blogger of this type of news is Perez Hilton. I believe he was in hot water at one time, but it was for using unlicensed images.

    I would say go for it. Stating your opinion is part of our first amendment right. Yes there are some things you can't say, but as long as you stick to your opinion you should be just fine.

    It's a sue-happy world these days, so don't take that as the gospel truth. Opinion pieces have been around for a really long time. Go for it!
    Signature
    You're going to fail. If you're afraid of failure then you do not belong in the Internet Marketing Business. Period.
    {{ DiscussionBoard.errors[3449995].message }}
  • Profile picture of the author wanna-succeed
    Take no prisoners!
    If you need any help bashing celebrities, let me know, I'd love to take a shot at Britney Spears...
    My number is 555-BASHASTAR

    Heck, I'd even go 12 rounds with the chick who said the F word in the Oscars...
    Signature

    No sig, good day m8...

    {{ DiscussionBoard.errors[3450034].message }}
  • Profile picture of the author Fred1
    If someone is offended, they could sue. Even if you are "allowed" to say what you've said, doesn't mean they can't or won't sue you.

    A few years ago I was hit with a lawsuit. I knew they had no case against me, and they ended up just dropping the suit, HOWEVER it was after I had shelled out a few thousand dollars of my money in legal fees!
    {{ DiscussionBoard.errors[3450059].message }}

Trending Topics