PRIMER #1: THE REALITY OF LIBEL LAW (A Personal Disclaimer)

Rather than beginning with a discussion of therapy, psychiatry, and mental illness, there's a pertinent legal concern on peoples' minds oftentimes when it comes to blogging. This post is not intended as legal advice. Nor is it written as an expert entry in a law review. Since I am a true believer in The First Amendment, I take my right to express my beliefs and relevant facts about any necessary topic, including the professional performance of others, with grave seriousness. Yet, there are many today who think that either by shouting or by making legal threats, they can automatically control what is said or published -- including silencing speech that's totally protected by the Constitution. What you will see on this blog are TRUE, good faith comments and opinions about the mental health field. And some of its actual providers, who may be identified. I may unveil my impressions about these individual clinicians over time, when I see fit. And once I do, there will be no apologies, and there will be no retractions or admissions of wrongdoing by me. As noted below, I acknowledge that libelous speech is not protected by the First Amendment, which is why I am truthful in fact and sincere in my opinions and true accounts. But anyone thinking of engaging the legal profession and court system as "remedies" to what anyone else states better think long and hard, and consider the following:

FROM http://www.alllaw.com/articles/nolo/civil-litigation/filing-civil-lawsuit-defamation-expect.html

Defamation is the publication of a false statement that causes you to be harmed in some way. Whether the statement is published in the paper, on the Internet, or is merely spoken to another, it has the power to harm you. You can take action by consulting with a lawyer. But what does that entail? And, if you decide to pursue a lawsuit, what will the process be like? (emphasis added)

First of all, just because somebody has something published about them that makes them look like shit, and makes them feel bad, doesn't mean it's defamation under the law. What it should say in the above quote is alleged defamation.

So what's the upshot?

Finally, it is important to consider the potential side effects of defamation litigation. While a lawsuit is definitely an option to redress a wrong, and you may succeed, media coverage of it may make the statement more widely publicized than it was before, compounding the harm. Even if the case settles, settlements are often confidential and the public may be left with the wrong impression about the outcome. These cases can also be costly. Unless your attorney takes the case on a contingent fee basis, gathering facts and finding experts can be very expensive.

Most attorneys want a retainer, which is at least $5,000 just to get started. Then, they'll bill $300 or more an hour. The aggrieved party can get a parade of character witnesses to say how swell they are (and find others to say what a douchebag the allegedly libeling defendant is). But the question always boils down to whether WHAT the defendant said or PUBLISHED is TRUE or not. And if it's in any way false, what could then be considered is whether the person who uttered the offending "libelous" claim (or published it) KNEW IT WAS FALSE (or if they should have known).


Of course, there are enough lawyers who are just as thin-skinned and hot-headed as their clients, who will "take this case all the way to court." Or, they'll file suit knowing that the aggrieved plaintiff will get maybe a $150 settlement and has zero chance of winning at trial, while the plaintiff will still owe THOUSANDS in legal fees to that attorney for filing the lawsuit to start with. In other words, these lawyers are scumbags. And if the plaintiff suing for libel or slander loses, then THEY and their lawyer can be sued by the defendant, essentially for violations of free speech (be forewarned here of my own inclinations). I'm not writing a mini legal thesis here, but look up "anti-S.L.A.P.P. lawsuit." Medical professionals, in particular, have had a very difficult time prosecuting libel cases when they've been trashed on sites like vitals.com or healthgrades.com.

And IF someone DOES win the judgement for the lawsuit, payment is NOT automatic. You're not the IRS that can garnish everything down to someone's childhood piggy bank. Receiving payment, anywhere near the full amount, for "damages" is far from guaranteed, and can require filing another suit just to collect.

SEE https://www.avvo.com/legal-answers/how-difficult-is-it-to-sue-for-libel--defamation-o-2431687.html

AND ALSO SEE http://www.quickanddirtytips.com/business-career/legal/judgment-collections

This blog is intended to serve the informational needs of the public on the topic of mental health treatment. The public needs to be aware from one's own personal experience, however "bitter" that moralists and others with a vested interest in keeping with the status quo may claim that I am. Mental health providers, psychiatrists, clinical psychologists, therapists, etc. should be held to a high standard of conduct and performance, and not simply expect to be admired and bowed down to, as heroes, simply on the basis of their degrees and professional licensure.