Chicago Business Litigation Lawyer Blog
In the United States, the law states that anyone accused of committing a crime is innocent until proven guilty. Unfortunately, the public has a tendency to make up its own mind before all of the facts are available. Because of this, a lawsuit, if its allegations are untrue or not based on evidence, can in certain instances do serious damage to the reputation of a person or corporation, even if the lawsuit is ultimately unsuccessful.
One example of this is defendants who are accused of sexual assault. Just the accusation is enough to render the defendant a social leper. When a person’s reputation has sustained severe damage as a result of false accusations made outside the context of lawsuit, that person has the option of recovering those damages by filing a defamation lawsuit.
The problem with defamation lawsuits is that the courts have to walk a fine line between protecting the rights of the individual and protecting the right to free speech. Generally, private citizens have a higher chance of recovering damages from a defamation lawsuit, as the right to discuss public figures is considered to be in the best interest of the public. However, if the plaintiff can prove that the defamatory statements were false, and that the defendant knew they were false, courts will generally rule in favor of the plaintiff.
When a teacher is accused of sexually assaulting a student, it can be very difficult, if not impossible, for that teacher to ever find work again. As a result, a teacher who is wrongly accused of sexual assault, if the accusations are published outside the confines of a privileged setting such as a lawsuit or criminal complaint, can file a defamation lawsuit to recover damages for lost employment opportunities. This is exactly what Peter Ludlow, a philosophy professor at Northwestern University, has done. The student involved contests these claims. Continue reading ›