What the claim is about
Defamation is about a false statement of fact that damages someone's reputation. Opinion and rhetorical exaggeration are generally protected, and much of the early fighting in these cases concerns whether a statement can reasonably be read as asserting a fact. Truth is a defense. If you are a public official or a public figure, the bar is higher: you generally have to show the speaker knew the statement was false or recklessly disregarded whether it was. Online platforms are largely shielded by federal law from claims based on what their users post, which usually leaves the author as the defendant.
Timing and New York's anti-SLAPP law
Defamation claims in New York have a limitations period shorter than most civil claims, and it generally runs from the original publication. New York's anti-SLAPP law, expanded in recent years, can apply that higher fault standard to statements about matters of public interest even when the person suing is not well known. It also gives defendants a way to seek early dismissal and, in some circumstances, to recover legal fees from the plaintiff. That makes a careful assessment before filing especially important. A demand for correction or removal is sometimes a better first step than a lawsuit.
What to preserve and bring
Capture the statement with screenshots that show the web address, the date, and the account name, and save copies of comments or shares that spread it. Keep records of the harm, such as lost clients, cancelled contracts, and messages from people who read the statement. Do not respond publicly in anger or contact the person in a way that could be seen as harassment; talk with a lawyer first. If you are the one accused of defamation, preserve your own posts and sources rather than deleting them. We assess whether the statement is actionable, which defenses are likely, and which response fits your goals.
