RTT News reported that Courtney Love agreed to pay a fashion designer $430,000 to settle a defamation lawsuit. The lawsuit arose out of a tweet slamming Dawn Simorangkir, the designer of Boudoir Queen, which went something like this:
"drug-pushing prostitute with a history of assault and battery who lost custody of her own child," and "she has received a VAST amount of money from me over 40,000 dollars and I do not make people famous and get raped TOO!"
In Oregon, to win a defamation lawsuit, one must show that the statement is false, tends to diminish a person's reputation, is published to someone other than the person. The statement must also cause hurt the person, that is, it must cause monetary "damage." However, there are certain statements that are "defamatory per se." That means if any of the following apply, then the element of "damages" is presumed:
• Crime involving moral turpitude.
• States that the person has a "loathsome disease."
• Implies a lack of fitness or integrity in the person's job duties; or
• Prejudices the person in their profession.
In Oregon, even if the speaker honestly believes what she said is true, that is not defense. However, a different rule applies when talking about a public figure. Then, an honest mistake is a defense.
If the case happened in Oregon, and if the tweet were false, then Courtney Love's tweet looks like it was defamatory "per se" on two scores: (1) calling Ms. Simorangkir a prostitute (crime involving moral turpitude) and (2) prejudicing her in her profession as a designer. When Ms. Love adds in the thousands of dollars she had to pay her own attorney to defend the lawsuit, this tweet shows that free speech can be quite costly.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
