After a collection lawsuit was filed on behalf of a Contractor (represented by L&H), the Owner began publishing negative posts about the Contractor.
L&H amended the lawsuit to include a defamation claim. In response, the Owner challenged the claim, arguing that online sites were public forums, such that the statements were protected under the First Amendment as free speech.
L&H argued that the various statements included within those negative posts were false and thus not protected by the First Amendment. The court agreed.Ultimately, L&H obtained a judgment in favor of the Contractor against the Owner.
