Judge Judy's Son Sues Local Sheriff for Defamation

Judge Judy's son, Adam Levy, is suing a local sheriff for defamation.  Mr. Levy is a District Attorney for Putnam County. Apparently, the sheriff said that Mr. Levy interfered in a child rape case.  According to the lawsuit, Mr. Levy is seeking $ 5 million to right this alleged wrong. 

The defamatory statement occurred in the context of a rape case against Mr.Levy's former personal trainer and friend, Alexander Hossu.  Mr. Hossu was accused of raping a 13-year-old girl.  Given the personal relationship between Mr. Levy and Mr. Hossu, Mr. Levy recused himself from the case.  However, in a news release, the sheriff said that Mr. Levy made comments and acted in such a way as to make clear that, if he had his way, Mr. Levy would not prosecute Mr. Hossu.  

In California, the elements of a defamation claim are (1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special damage.  California Civil Code section 45 defines "Defamation per se" or Defamation on its face as: "Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.”  Thus, in this case, the statements intimating that Mr. Levy was not doing his job appropriately or was trying to help his friend out by not prosecuting the matter may fall under this type of libel. 

As with almost all defamation claims, though, the problem comes in trying to balance one's First Amendment right to free speech against another's protection against defamation.  Pure opinions or statements that are true fall under the protection of the First Amendment.  Indeed, even false statements (even if unjustified or made in bad faith) which are statements of opinion rather than false statements of fact are not defamation.  

So, where is the line? Sometimes the line is very blurry. As in the case of Mr. Levy, was the local sheriff merely providing an opinion or were his statements those of fact?  Time will tell as the case rolls on, but in this day and age of instant communication, be very careful about what you say about others--it may just buy you a defamation claim.