Under Illinois law, various defenses are recognized for libel actions. The first defense is the innocent construction doctrine. This doctrine posits that if a statement could be construed in a non-defamatory way, it cannot be considered defamatory. Another defense is the expression of opinion. Statements of opinion, even if they are defamatory, do not result in a defamation claim if the statement cannot be reasonably interpreted as stating actual facts. The statement must have a precise and readily understood meaning, be verifiable, and its literary or social context should signal that it has ..read more

In general, you can be sued for posting internet reviews, even if they are truthful and critical, but the likelihood of the lawsuit being successful depends on various factors. Here’s a breakdown of the legal considerations: Truth as a Defense: Truth is a key defense against defamation claims. In most jurisdictions, if the statements you made in your review are true or are your genuine opinion, it’s less likely that a defamation lawsuit against you would succeed. Opinion vs. Fact: Expressing an opinion is typically protected speech, but stating something as a fact that can be proven false cou ..read more

In the realm of defamation law, the distinction between public and private figures holds significant weight. Public figures have a higher burden of proof when pursuing defamation claims due to their assumed access to media platforms and the assumed public interest in their lives or opinions. However, what happens when someone becomes an involuntary public figure, particularly in the context of Illinois law? In Illinois, as in many other jurisdictions, individuals may become involuntarily thrust into the public eye due to circumstances beyond their control. The legal concept of involuntary pub ..read more

In the digital age, where information spreads rapidly across various platforms, businesses are susceptible to reputational harm through false statements or misleading information. Business libel, a form of defamation, can significantly impact a company’s reputation, credibility, and ultimately, its bottom line. Understanding what constitutes business libel and how to protect your business is crucial in safeguarding its reputation. What is Business Libel? Business libel refers to false and damaging statements or representations made about a business, its products, services, or practices. This d ..read more

In the dynamic landscape of condominium and homeowners’ associations (HOAs), board officers and directors are tasked with making crucial decisions to maintain the welfare of their communities. However, there are times when disputes arise, leading association members or condo owners to bring legal action against these leaders. At Lubin Austermuehle — the Business Litigators, we concentrate on defending condominium and HOA board officers and directors facing lawsuits under Illinois law. In this blog post, we will explore the unique legal challenges in Illinois and our legal team’s indispensable ..read more

In today’s digital era, online reviews wield substantial influence, helping consumers make informed decisions about products, services, and businesses. However, the power of user-generated reviews can sometimes lead to contentious situations, particularly when individuals or entities face accusations of internet libel due to their posted reviews. Understanding the defense mechanisms available to individuals posting online reviews is essential in safeguarding their rights while responsibly exercising their freedom of expression. The Impact of Online Reviews: Online reviews play a pivotal role i ..read more

The First Amendment right to freedom of the press is fundamental to a democratic society, but it’s not absolute. Journalists and media organizations must strike a balance between reporting the news accurately and protecting individuals’ reputations. In Illinois, the fair reporting privilege defense serves as a crucial legal safeguard against libel claims when reporting on matters of public interest. In this blog post, we’ll explore the fair reporting privilege in Illinois, its significance, and how it applies to libel cases. Understanding the Fair Reporting Privilege The fair reporting privile ..read more

Efforts by an alleged perpetrator and his legal team to unmask a Jane Doe plaintiff (by revealing her name) were held dead on arrival by the Illinois Appellate Court today. Our firm assisted lead counsel Tamara Holder with the appellate briefs. In these types of matters, our firm concentrates on defending alleged sexual assault victims who are allegedly revictimized by being subject to what we advocate, on our client’s behalf, in court papers, are strike suits for defamation or libel. This practice of suing the alleged victim for libel or defamation is, unfortunately, becoming an all too commo ..read more

The landscape of libel law is constantly evolving, particularly in the context of the digital age where information flows freely and swiftly. In the state of Illinois, recent decisions by the Illinois Supreme Court and Appellate Courts have shed new light on libel cases, providing important guidance on defamation claims. In this blog post, we will explore some of the noteworthy decisions that have shaped libel law in Illinois and their implications for both media outlets and individuals. **1. Daniel v. Helitech Civil Construction: A Clarification of Public Figures In a significant decision, th ..read more

The First Amendment protects the freedom of speech and press, but it’s not an absolute right. In the realm of journalism and public discourse, the threat of libel claims looms large. However, Illinois courts have recognized a robust defense known as the “substantial truth doctrine” that provides a shield against libel claims. In this blog post, we will delve into what the substantial truth doctrine means, how it has been applied in Illinois court decisions, and its significance in upholding free speech while balancing the right to protect one’s reputation. What is the Substantial Truth Doctrin ..read more