Defamation: calling an MD “Mengele” on a website

When will people learn the distinction between free speech and defamation? Or, rather, that, sure, you’re free to say anything you like but the guy you’re talking about is himself free to sue you.

I mean, this guy had already filed a lawsuit against the doctor. Once you file a lawsuit, you need to restrain yourself from loud proclamations. Your lawsuit has become your proclamation, and your lawyer has become your proclaimer.

I know that lawsuits take a lot of time to work their way through and that plaintiffs grow impatient, but a plaintiff filing a lawsuit isn’t a kid. That is, he should have the adult ability to suspend gratification.

And anyway, he should have the basic common sense not to defame the guy he’s suing.

Judge Enjoins Website Comparing Doctor to Nazi Mengele

Joel Stashenko, New York Law Journal  

A website on which a man compared a doctor he is suing for malpractice to Joseph Mengele was found slanderous by a judge who issued a preliminary injunction against continued operation of the site.

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