Jacobus initially asked the court for $4 million in damages.
New York Appeals Court Upholds Initial Dismissal of Defamation Lawsuit
Although Cheryl Jacobus’ appeals brief argued that the lower court’s decision “comes dangerously close to declaring Twitter a ‘defamation free-fire zone…’” the Appellate Division, First Department upheld the lower court’s decision. The ruling read, in part, “The alleged defamatory statements are too vague, subjective, and lacking in precise meaning (i.e., unable to be proven true or false) to be actionable. The immediate context in which the statements were made would signal to the reasonable reader or listener that they were opinion and not fact.”
The Elements of Defamation
Because the terms “slander,” “libel,” and “defamation” are used frequently by private citizens and by public figures, it’s important to understand the basics of what they are.
The purpose of defamation laws is to protect the reputation of people and businesses from damaging statements. When the statement is made in writing, it is libel. Slander occurs when the statement is made orally or is audible in some way.
