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3 years, 3 months ago about Kim Shamsky

Is it legal to have a SoandSoSucks.com website? Is that defamation?

Reportedly Kim Shamsky bought a web domain, www.ArtShamskySucks.com, using her ex's name. Is that legal? Can she be sued?
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clarusvisum | 3 years, 3 months ago
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Something is only legally (in the US) defamation if the person expressing it knows it to be false. Under that definition, it will become clear to you that opinions are NEVER going to fall under the umbrella of defamation. Only statements of fact (something like "Art Shamsky mugs old ladies") could fall under the legal definition of defamation.

If it was illegal to publicly say that someone sucks on the Internet, it would be a sad state of affairs indeed. But no, it's perfectly legal to do so.

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joyannj | 3 years, 3 months ago Report

That makes total sense! Thank you :)

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philipy | 3 years, 3 months ago
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You can see a definition of defamation here:

http://www.expertlaw.com/library/personal_injury/defamation.html

Typically, the elements of a cause of action for defamation need to include:

1. A false and defamatory statement concerning another;
2. The publication of the statement to a third party
3. Fault amounting at least to negligence on the part of the publisher
4. Damage to the plaintiff.

However what are considered factual statements and what are considered opinions can depend on the context. For example, if you said "Barack Obama is untrustworthy" a court might think that people would consider that your opinion only. But if you said that your former employer is untrustworthy, the court might consider that people would take that as a statement of fact.

So probably buying a site SoAndSoSucks.com is probably not grounds for a defamation suit in itself. But if you write things on there to back up your view, it could be a different story.

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