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Slander on Facebook

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The new age of social media has made it possible to communicate with a broader audience than ever before. Thanks to Facebook, Twitter, Instagram, LinkedIn and many others, it is now possible for us to gather all of our professional and personal acquaintances into one place and communicate with them simultaneously.

But, as anyone who has ever spent time on a social media platform knows, for all its benefits, social media has also created a monster. Fake news and slander can spread very quickly, and when someone speaks out of turn or speaks ill of someone else, those statements can be spread far and wide. Here are three things to consider in weighing whether you have a claim for defamation based on someone’s comments on the internet. 

1. Is the Post Clearly About You? 

One of the first elements you’ll need to prove in establishing a claim for defamation, is that the speaker or writer was talking about you and made clear to his audience that he was talking about you. Vague statements about a group of people or even generally about certain types of behaviors will not typically satisfy this requirement.

Obviously, if the person uses your name or posts a picture of you in conjunction with a defamatory message, then this element is satisfied. Even without a name or picture, if there’s no way that a reader would mistake the message as being about anyone else, then this element will be satisfied. Furthermore, even if part of the audience doesn’t get that the message is about you and part of the audience does, that should still be enough to satisfy this requirement. The fact that some people wouldn’t have known this was about you while others did may affect the amount of damages you’re entitled to, but you’ll still have a valid claim under those circumstances. 

2. Is it a Matter of Opinion? 

The First Amendment to the United States Constitution broadly protects speech in the United States. Accordingly, courts are weary of punishing negative speech when it is clearly just a matter of opinion. If someone says that they don’t like your cooking, your politics or your religion, then it’s not defamation—it’s merely a matter of opinion. This doesn’t mean that someone can’t talk about religions, politics or some other disputed issue without making a defamatory statement. It simply means that it has to be more than a mere dispute over an opinion. 

For a defamatory statement to be actionable at law, it must have been about a matter of fact which was known to be untrue by the person who posted it and made with malice. For example, courts have found that statements alleging someone had a sexually transmitted disease, that someone committed a crime or that someone was otherwise of questionable moral character, have all been found to be defamatory statements. So, before you go rushing off to file a lawsuit over a statement made online, ask yourself, “Was this a matter of opinion, or was this a malicious false statement?”

3. What Damages Have You Suffered? 

The hardest part of any defamation claim is proving one’s financial damages. Even where a statement is false and made with malice and is clearly directed at you, the statement is only defamatory if you suffered damages of some kind. To put it differently, if someone posted a message online and only one hundred people read it and all hundred people commented back to the post and told them that was a terrible thing to say and that it was wrong, then there aren’t any damages. You haven’t been hurt by the statement that’s been made. Perhaps your feelings have been hurt and there’s been some sort of emotional toll on you, but the reality is that no one believed the false statement. 

Of course, this isn’t how the world works and unfortunately, even people who should know better often believe malicious statements that are made on the internet. But you will still need to prove how you were damaged by people believing that statement.

It has probably affected your personal life and your emotional wellbeing, perhaps causing you loss of sleep or even requiring you to go see a psychiatrist. Have you lost your job? Have you missed out on a higher paying opportunity at work because a manager seems to have believed what they read about you on LinkedIn? Did you face disciplinary action at a school when a Dean was handed printed materials said about you online claiming that you did something that you didn’t?

All of these would be examples of how your damages might accrue. Of course, there are many other ways that you can prove damages, but the point is that you have to have some. How have you been damaged by the defamation in your case? This is an important factor in determining whether to go forward with a suit. 

Call Cornerstone Law Firm Today

If you believe that you have been defamed by either slander or libel, you should call the Cornerstone Law Firm. Our attorneys have expertise in handling and defending against these types of claims, and we know the ins and outs of what you have to prove under Pennsylvania law in order to be successful.

Aggravated Assault in Berks County, Pennsylvania

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Aggravated assault is one of the most serious charges you can face in Pennsylvania. The Supreme Court of Pennsylvania has held that proving aggravated assault requires the government to demonstrate the mental intent to cause serious bodily injury or to use a deadly weapon in such a way as to show an intent to injure someone. In other cases, aggravated assault can be charged where there is an assault on certain protected classes of individuals including police officers.

So, if you have been charged with aggravated assault in Berks County, Pennsylvania, what steps should you take to preserve your innocence? Here are a few tips to keep in mind.

Immediate Preservation of Evidence is Crucial

One thing that many people forget when they’re charged with a crime is that they should immediately begin preserving evidence that might help to demonstrate their innocence. This includes:

  • Reaching out to companies who may have surveillance footage of what happened, including the lead up to a fight. Other videos and content may exist, too.

  • You should think about whether the Facebook messages of your friends might contain DMs or other information from the alleged victim of a crime that would demonstrate that they were the ones that were threatening or instigating violence.

Working with a criminal defense attorney can help you think of ways to demonstrate your innocence and can help you to move quickly to ensure that this type of evidence is not lost. Many businesses overwrite their security footage every 15 or 30 days, so it is important to move quickly if you believe this type of evidence may exist. 

Don’t Make it Easy to Prove Your Mental Intent

One mistake that many individuals make when they’re charged with an assault is to go online, make bold statements and criticize the person who has accused them of the crime. While this sort of frustration is understandable, anything you say can be used against you.

In some cases, angry statements can help the government to show your mental intent and the anger you have toward the alleged victim. This information really shouldn’t be admitted into court in most cases, but it creates another hurdle that your legal team has to get over in order to preserve your innocence in an aggravated assault case. 

Don’t Talk to the Police

Finally and most importantly, in an aggravated assault case you should not speak to the police without first speaking to your attorney. You have an absolute right to be represented by an attorney, even during the investigative phase of an aggravated assault case. If a police agency in Berks County wants to speak with you, they can go through your attorney.

The rule about not speaking to police is true even when you are innocent! It is important that you speak to counsel before making decisions about whether to make a statement to the police of not. 

Conclusion: Talk to an Experienced Criminal Law Attorney Today

If you have been charged with aggravated assault in Berks County Pennsylvania or anywhere in Pennsylvania, it is important for you to speak to an attorney.

At Cornerstone Law Firm, we can help you make decisions about your criminal case and how to handle your charges. Call us today for a consultation.

Retraction in Defamation Cases

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One of the legal principles that is most familiar to the American public is that of defamation of character. Popularized through television, movies and some of the most sensational news stories covering legal events, libel and slander cases hold the fascination of the public. One major element to defamation cases is the doctrine of retraction.

What is Retraction?

Retraction is simply the “taking back” of what you have said about someone else. This happens frequently in newspapers, where the editor admits an error and retracts the statement. Frequently, this retraction is topped off by some sort of statement like “the post regrets the error.” Why did they do this?

These sorts of retractions are often done for journalistic integrity, but more importantly they are done to avoid libel suits. A libel suit is a suit for written defamation as opposed to slander which is spoken defamation. When a newspaper, a blog or any other written outlet believes they may be sued, one way they can “mitigate the damages” is by publishing a retraction. In the old days, it was required that someone who wanted to sue over defamation had to send a demand for retraction before instituting suit. This is no longer the case in Pennsylvania, but demanding retraction still makes sense, even for the plaintiff.

Why Demand a Retraction?

The main reason is that a demand for a retraction, if ignored or refused, helps to prove one of the hardest elements of a defamation case — the malice of the speaker. A defamation case requires proving more than that a person said something false.

It requires proof that:

  • The statement was false
  • It is damaging to one’s character
  • It was intentional

Accordingly, sending a demand for retraction is a way of eliminating a writer’s claim that they were mistaken about the facts that they reported, rather than intentionally lying. 

Surprisingly, this approach can still work even in the day of modern publishers when many of the individuals that someone might be wishing to pursue for defamation are either private parties or small-time publishers. A demand for a retraction provides an opportunity to frame the issue clearly before it is brought into court. And of course, in the event that they agree to retract, in many cases, the damage can be mitigated or undone.

If you believe you have been defamed by someone else or you have been accused of defamation, contact Cornerstone Law Firm so we can help you to figure out your next steps.

Attorney Crossett Wins Landlord Tenant Trial in Dauphin County

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This month, Attorney Crossett successfully prosecuted a landlord tenant case in Dauphin County, Pennsylvania and finalized the eviction of a tenant who had refused to pay rent and threatened other tenants. Because every county has their own rules regarding how a trial for a landlord tenant matter is conducted, this trial was done in front of a jury.  

Landlord tenant cases have become more complicated here in Pennsylvania due to the outbreak of COVID-19 and Governor Wolf’s orders prohibiting evictions during the summer. This order did not apply to those evictions which had begun before the COVID-19 pandemic which includes cases such as this one. However, for cases which have arisen since that time, the road remains complicated.

“We pride ourselves on being able to help clients walk through the various state and federal regulations surrounding evictions during the pandemic,” said David Crossett, who represents a number of landlords of various sizes.

Contact Us

At Cornerstone Law Firm, we help clients dealing with landlord tenant issues every day. We have helped tenants who are being wrongfully evicted and landlords who needed to evict someone who is a danger to other tenants. If you have questions about your landlord tenant situation, call us today so that we can help you figure out the solution to your problems.

Resisting Arrest and Contraband Drug Charges Dismissed in Schuylkill County, Pennsylvania

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This summer, Cornerstone Law Firm’s Joel Ready successfully obtained the dismissal of contraband drug charges, terroristic threats, and resisting arrest charges for a client in Schuylkill County, Pennsylvania after habeas corpus proceedings. 

Part of the charges were based on a claim that the individual involved had fought with an officer while he was being arrested. But Attorney Ready was able to demonstrate that the arrest was unlawful to begin with, and so the charges were dismissed. The rest of the charges were based on a claim that the defendant had intentionally taken drugs into the Schuylkill County prison in Pottsville, Pennsylvania.

Despite allegedly having eye-witness testimony to the defense possession of the drugs, the Commonwealth was forced to withdraw the charges this week after Cornerstone Law’s team demonstrated that there were someone else’s fingerprints on the drugs. These revelations came as a result of a discovery motion made by Attorney Ready as part of an Omnibus Pretrial Motion.

“This case illustrates the importance of defendants being willing to fight for their rights and challenge charges rather than simply taking the best plea deal available,” attorney Ready explained. 

Contact Us

Every case is different, and good results for one person don’t necessarily mean good results in your case. However, if you’re facing criminal charges in Schuylkill County or elsewhere in Pennsylvania, contact Cornerstone Law Firm to speak with a criminal defense attorney about how to deal with your case.

 

 

 

Time, Place and Manner Restrictions on the First Amendment

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In previous posts, we have discussed the importance of the First Amendment. We have also discussed that speech is not always just speech — it can also be conduct. Today, we are going to talk about legitimate government restrictions on the First Amendment right to freedom of speech. One such restriction established in case law decided by the Supreme Court of the United States is restrictions on time, place and manner of speech.

What is a “Time, Place & Manner” Restriction?

Time, place and manner restrictions include regulations of when, where and how someone speaks. For example, a school may tell its students that they may not discuss politics during class. A state court may require that no one say anything at all in a court room unless they are an attorney or a witness on the stand. Some government buildings prohibit any sort of protest or speech within the buildings themselves, allowing the government workers to work unimpeded by any sort of disruptions around them. (For example, you can’t march into Fort Knox and demand the right to protest.) These are all examples of time, place and manner restrictions. 

There are a few requirements to sustain a time, place and manner restriction in court. If challenged, the government entity must be able to show that these restrictions are “narrowly tailored” to achieve a “significant governmental interest.” For example, the school district that says that its students may not engage in any political speech at all during the entire school day, whether in or out of classes because it is worried about distractions in the classroom, is probably guilty of an overboard restriction that would not be sustained by a court. The goal of a good education may be a significant government interest, but there are less restrict ways to achieve that goal. The school might be able to require that students not talk while in certain types of classes that have nothing to do with politics, for example, while leaving them free to discuss their views throughout the rest of the day. 

“Content Neutral” Restrictions

Another important point is that a restriction must be applied equally across the board and must be “content neutral.” In other words, a school that says that students may not talk about religion during specific classes but allows discussion of any other sort of philosophy or politics is violating the First Amendment right to freedom of speech.

Similarly, if a courtroom was to say that no one can protest out in front of the court, but then allows specific demonstrations for increased government salaries inside, this would be an example of discrimination against speech based on content. In these cases, the supposed time, place and manner restriction is just an illegal attempt by the government to restrict speech that it does not find appealing. 

What Do You Do if Your Rights are Violated?

What do you do if your rights are violated by a time, place, and manner restriction? There are various types of civil rights lawsuits available to you. Figuring out whether a time, place and manner restriction is an appropriate restriction of speech is a complicated process and requires careful analysis of the challenged regulation, the case law that has been decided on these topics, and sometimes even what you desire to say. In future blog posts on this topic, we are going to cover other restrictions on the First Amendment that the government may pass.

If you’re dealing with an infringement on your First Amendment rights, call us today to discuss your case.

Harassment Charges in Berks County Dismissed – March 2020

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Last month, Attorney Joel Ready obtained dismissal of harassment charges in Berks County. The charges had been filed against a defendant over an alleged dispute with an ex-girlfriend. After oral argument in front of a Berks County Magisterial District Judge, the charges were dropped completely. The charges were filed in the Bernville area “upon information received” by a State Trooper, which means that the Trooper was filing the charges based on what the alleged victim told him. 

“We’re glad to see these charges dismissed,” Attorney Ready says. “This case shows, once again, the importance of being prepared to fight charges and not merely plead guilty to avoid the trouble of litigation.” 

More About Harassment Charges

Harassment is a summary offense under Pennsylvania Law, which means that it comes with a fine and potential confinement up to ninety (90) days in prison. In some circumstances, harassment charges can also result in higher penalties, including a misdemeanor conviction. Harassment requires that the Commonwealth prove that the defendant either physically assaulted or repeatedly annoyed someone with no legitimate purpose.

Harassment charges do go on your permanent record, although, if they are a summary offense it is not considered a “criminal record.” Nonetheless, potential employers, family members, friends, neighbors and others can find that you were found guilty of these charges if you plead guilty to them.

Contact Us Today

It is important to speak with an experienced criminal offense attorney about harassment charges so the attorney can help you decide whether you should challenge the charges or not. Contact Cornerstone Law Firm today for more information.

Contact Us Today

February 2020 Recap

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What were we up to in February 2020? Our attorneys have been working hard at settling cases and resolving conflicts on behalf of our clients. 

Attorney David Crossett

Attorney David Crossett has been working on a number of personal injury cases in Berk’s County, Pennsylvania. He is helping victims involved in car accidents to receive repayment of their medical bills, lost wages and compensation for their pain and suffering. Most of the personal injury cases he has worked on this month have been cases that are preparing settle based on a demand with the insurance company outside of court. Attorney Crossett also made national news last month, in this case representing Gerald Groff, a U.S. postal worker who is suing his former employer for violations of his first amendment rights. Attorney Crossett has also been deeply involved in a lawsuit in Bucks County over an insurance company refusing to pay for the enormous damage done to someone’s property when a truck ran into their house. 

Attorney Joel Ready

Attorney Joel Ready has resolved several criminal cases with favorable plea deals and another criminal case after a trial in front of a judge in Reading, Pennsylvania. Attorney Ready has also been advising one of our Section 8 Housing clients regarding complaints they’ve received about their facility. Finally, Attorney Ready has successfully settled a personal injury claim for an individual who was injured in a car accident located in the Reading area. 

That’s a quick glimpse at our work in the month of February. We hope you’ve had a great month as well. As always if you have questions about your legal concerns call us at Cornerstone Law Firm.

Call Cornerstone Law Firm

Criminal Trial Attorneys in Berks County

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If you are facing criminal charges in Berks County, Pennsylvania, you will find yourself facing several very important questions as you strategize how to handle your case. The chief among all these questions is whether you should go forward to a trial on your charges or accept a plea deal. If you decide to go to trial, finding a good trial attorney will be vital.

Why a Trial Lawyer is Important

At Cornerstone Law Firm, our attorneys have experience at all stages of trial work and stand ready and willing to take your case all the way to trial. Whether to go to trial on criminal charges is an important and personal decision and depends on many factors. Getting good advice on whether you should go forward to trial rather than taking a deal that has been offered is an important part of this process.

A good trial attorney is willing to cross-examine the government’s witnesses, will effectively present your case in a way that is understandable to the jury, and can help you make the all-important decision on whether to testify or not. At Cornerstone Law Firm, our attorneys can help you with these questions. 

Contact Cornerstone Law Firm

Whether you are in the midst of criminal charges or are at the beginning of a criminal case, we welcome your call to discuss your charges. Your first consultation with us is free and totally confidential. Call us today and see how we can help you.

Attorney Crossett Represents Mail Carrier in Religious Liberty Case

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At Cornerstone Law Firm, we believe the First Amendment defends each individual’s right to live freely according to their deeply held conscience and faith.

In a recent religious liberty case, Attorney David Crossett represented a Lancaster County mail carrier, Gerald Groff. Mr. Groff’s rights were violated when the USPS failed to accommodate his religious beliefs regarding working on Sundays.

In a recent news release, Attorney Crossett said:

“In a free and respectful society, government should recognize those differences among us that make us great, rather than punishing those differences, particularly when those differences result from our sincerely held religious beliefs.”

Read the full news release here.

To read more about the religious freedom case, we encourage you to take a look at recent news coverage:

If your religious liberties have been violated, we encourage you to call us today to discuss your case.