Is this defamation of character?

Question

I was arrested about a month ago for a crime I did not commit (Public lewdness). The case was dismissed. Yesterday I receive a call from a co-worker saying that the incident was in a local newspaper. The date on the newspaper was the 18th As I read the article I noticed that it mentions what school I work at, subject I teach, the make/model car I drive, the arresting picture and contact to my job was attempted. The article did not mention that the case was dismissed. Because of this incident, I fear that my reputation as a teacher is severely Damaged and I may loose my job.
Is this considered in any way slander or defamation of character?
Is it possible to get the article reprinted with the entire story?
or can I ask them to remove my picture from the internet?
If I choose to sue, what are my chances of a positive outcome?
HELP!!!

From the newspaper's website

Officers stopped (ME), (age), of (CIty), in his (Color of car and model) near The (Parking lot of a store) after a female motorist called (city) Police and reported that the man knowingly masturbated in front of her in his vehicle as he pulled up alongside her car on a public roadway. (ME ) was taken into custody.

The (Agency) confirmed that (ME) is employed by (school district), where he works in the (subject) at (school)
The (newspaper) was unable to reach (the school) for comment.

Answer 1

In a nutshell, no; based on your description of events there is nothing actionable here.

The problem is twofold: 1) from your question, it sounds as if the article did not print anything false -- you were, in fact, arrested, etc. and 2) to date you have suffered no damages.

Many jurisdictions recognize "defamation per se," in which case the allegations are presumed to cause damages. Assertions that a person has committed a crime of moral turpitude is typical of something that would be considered defamation "per se." The alleged actions for which you were arrested would likely constitute a "crime of moral turpitude." However, what the paper published was not false; the defense against charges of defamation of character would be that the statements published were true, and the case, if it ever got to court (not at all likely) would not go your way.

In the absence of a "defamation per se" situation a plaintiff needs to show damages. Hurt feelings and a fear of job stability aren't enough, although in some circumstances it may be possible to claim on the basis of mental anguish, depending on the circumstances and the jurisdiction. In any event, speaking generally, you haven't suffered any damages in the legal sense.

You could contact the paper and demand a correction. As a practical matter I can't imagine that will do terribly much: for one thing, people have a nasty habit of, for example, internalizing that someone was charged and arrested but not internalizing or not trusting that the person was cleared. Further, corrections do not get nearly the same prominence in terms of where they're printed in a publication....news can be on the front page, but the correction to the story is relatively buried... But if your picture is on the internet then I would absolutely demand that it be removed -- hell, I would even contact a lawyer to draft a letter making that demand, if the paper is initially unresponsive.

All that being said, you should ensure that your supervisor is aware that charges were dropped.

Answer 2

Defamation of character is when someone tells a lie about you when they know for a fact that it is not true. I would call and ask them to remove your picture from the internet, also you could write a letter to the editor explaining that you were in the wrong place at the wrong time. I think I would call a lawyer if they choose not to print your letter and refuse to remove your picture from the internet. But I don't think you can sue unless you get fired.

Answer 3

Not a defamation of character, per se, but not necessarily libel, either. (Slander refers to purposeful attack on character in broadcast form, libel refers to print.) The reporter should have tried to contact you, since it is a journalist's ethic to keep the story balanced, meaning the reporter should interview all necessary people to present a story that is as accurate as possible.

Basically, it's just sloppy reporting on the reporter's end.

Call the newspaper and talk to the reporter. The reporter might actually provide a correction, since it's in the reporter's best interest to have you, the subject of the story, provide your side of it.

In the event you get fired, you can certainly hire a lawyer who can represent you on the basis that the article caused emotional and financial distress. Your best bet is to talk to a media lawyer who is well-versed in these types of cases.

Answer 4

The terrible thing about this is that one can never put the toothpaste back in the tube once it is out....

Hurting a person s good name and reputation should carry a big penalty, but alas, it is treated as lightly as child molestation.

Answer 5

I'd think that you'd have a good chance to win a case against them. Although this may sound rude, you'd have an even better chance if your career was ruined. I don't want that to happen, I'm just saying. Talk to a lawyer and see what they have to say.



Good Luck!

Answer 6

the ingredient that is going on right here is your husband's lady buddy is employing the babies against you. they're being performed like pawns. that's some thing you do no longer choose to do, is pit the babies against the two your ex or her. as much as you will possibly choose to hire an criminal professional, there is quite little foundation for "suing" her. the final ingredient so you might do is take a seat inclusive of your babies and communicate with them, enable them to comprehend which you and their father love them no rely what. you should additionally attempt to speak on your ex husband, and enable him comprehend how annoying it is on your babies. it seems as though she is making an attempt to lead them to choose between you and her and your ex. in case you and your ex can occasion inclusive of your babies, without the lady buddy latest, and the two considered one of you clarify on your babies which you the two love them, and that in basic terms because of the fact issues did no longer artwork out between mom and pop, that would not advise that the two considered one of you adore them any much less. it is not a case of scuffling with hearth with hearth. this may be a case of scuffling with hearth with water, in different words, do no longer decrease your self to her point. finally CPS will record quotes against her if she maintains to record fake lawsuits approximately your babies. they do no longer take those concerns gently. good success.

Answer 7

Hire a good lawyer and act quickly.

Answer 8

oh my gosh---sorry to hear...
i fear you have no recourse though...because the media and "Freedom of the Press" stuff.
what i would do is speak with your employer to verify that they know the charges were bogus and were dropped. ask if your status with them is still ok.

gosh...i sure feel sorry for you...good luck :)