Should I give up my right to free speech for a mere apology?

Asked almost 2 years ago - Coral Springs, FL

I have a lawsuit & an attorney. My case is this: I had gone around via email or in my neighborhood telling the company's clients what this company did which was not to honor his contract as well as insulting me. I have proof, of course. Prior to this, the employee had sent me some nasty emails about how stupid I am for writing to the condo board about him. Before I just wanted him to go away, but he stayed too long and so I helped my community by telling them about him. So he decided to sue me for libel and tortious interference. I didn't do anything illegal but my attorney thinks for me to make this case go away, I should accept a mere confidential apology for him calling me stupid. At this time, I refuse to give up my right to free speech over an apology. What do you think?

Attorney answers (3)

  1. Robert Edward Heyman

    Contributor Level 14


    Lawyers agree

    Answered . I think you need to pick your fights carefully. There obviously has been a lot of history between you and this company. You need to ask yourself, is this fight worth the time, aggravation and expense?
    I've been practicing law for 30 years, and my initial reaction is that you should let it go. More importantly though, you should speak with your own attorney, rather than discussing you case here. A final thought, when a client tells me he wants to proceed with a lawsuit on "principle", I tell them that they had better be sure they can afford the "interest".

    Good Luck,

    Robert E. Heyman, Esq

  2. David J. McCormick

    Contributor Level 20


    Lawyers agree

    Answered . There is no need to second guess your attorney here that is why you hired him/her. When proving a point comes at a financial cost, it is really up top you to determine how much money you are willing to spend to prove a point.

    From an outsider’s perspective, let it go and move on with your life. It will be emotionally worth it for you.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Marc John Randazza


    Contributor Level 13

    Answered . It depends on what your right to free speech is worth to you. If you think that just having him apologize to you is worth it, then take it. I presume that your attorney is not inexpensive. So, think about whether carrying the flag is worth that kind of money to you.

    Certainly, nobody can fault you for not wanting to spend attorneys' fees anymore. On the other hand, if he gets your silence by suing you, then he has successfully engaged in a SLAPP suit.

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