Plaintiffs Who Started Debate On Matters Of Public Interest Have Defamation Claim Dismissed

Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often through those debates that society is able to positively move forward and the best policies are adopted. But sometimes those passionate debates descend into a war of words, with either or both sides unleashing a tirade of comments that are personal in nature and that are designed to harm the reputation of an individual involved in the debate. At the same time, parties who are unable to accept criticism during the public debate seek to silence their critics in many ways, including the commencement of expensive court proceedings. However, for a party who starts the public debate, a court might have little sympathy to permit an action for damages to continue.