00:38
@IñakiViggers As I said, I doubt the OP would care about monetary damages, they would be seeking a declaratory judgement (or declaratory settlement, more likely) instructing the bar to provide a written notice retracting its claim that the OP is a known sex offender.
@Putvi Most US jurisdictions recognize defamation per se. There are specific statutory false statements of fact (depends on jurisdiction, but usually accusations of crime are included) which are considered damaging per se and do not require the plaintiff to show any actual damages. As Inaki is saying, they may have limited monetary damages that can be recovered if there isn't any cognizable monetary harm, but a person can still use a lawsuit over them to "clear their name."
Even if the court wasn't willing to compel the bar's speech, a judgement against the bar on the matter could be provided to Alice along with a request to retract her written statements about the OP. At that point, it would be negligent of her to keep them posted, unless she had some other defensible evidence that the OP was a known sex offender.
If, for sake of argument, the bar had some list they were looking at that included the OP, or included someone else that looked like the OP, that could come out in discovery and even if the OP loses the defamation case, the fact that it was a case of mistaken identity would be established in the evidence, or the OP could in fact go after the source providing a false accusation.
15 hours later…
« first day (1 day earlier) ← previous day last day (15 days later) »
Transcript for
Oct30
Oct '1931
Nov15
Discussion between Iñaki Viggers and …
Imported from a comment discussion on law.stackexchange.com/qu...