I did read it. I understand her business dried up, but that was ultimately over her customer telling people she was dissatisfied online. Are people not allowed to complain, even if it’s in a less-than-tactful or wrong-headed manner? If I go online and complain about my local diner’s pork chops tasting like garbage, and their business goes under because my rant went viral, should I be liable?
The problem in a defamation lawsuit isn't "less-than-tactful" it's "less-than-FACTUAL". You lie about someone, in public, and do them measurable and articulable harm ... expect to be sued ... and expect a substantial judgment against you.
Of course, since this is the Washington Post I assume none of this actually happened and the people named don't even exist ...
Your pork chop scenario is not comparable.
This couple lied in order to paint the business as withholding their pictures for a “surprise” ransom. When the photographer proved they knew about the fee, as well as the business having tried to work with them, they were help liable.
For the pork chop to be the same, you would have had to eaten a salad at the diner, then gone online complaining about the taste of the chops.
I guess you missed where she had a TV news segment that was fraudulent.
This wasn’t a bad review on Yelp. It was a whole campaign. And it wasn’t truthful.
“should I be liable?”
According to this court, and many others - yes. Yes you should.
Reviewers across the nation have been sued for damages. Rightly or wrongly.
did read it. I understand her business dried up, but that was ultimately over her customer telling people she was dissatisfied online. Are people not allowed to complain, even if it’s in a less-than-tactful or wrong-headed manner? If I go online and complain about my local diner’s pork chops tasting like garbage, and their business goes under because my rant went viral, should I be liable?
Not if true.. If it is a lie then yes..
No, because an expression of opinion is protected by the First Amendment. The defendants here lied about a statement of fact, not opinion-- they claimed the photographer was withholding photos when they had already paid for them, which wasn't true.
Depends on if you actually ate the pork chops. That’s the crux of this one, they knew about the fee before hand, failed to pay it and also failed to select the prints they wanted, then complained they hadn’t gotten their photos. That’s liable.