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Old Jul 6, 2004 | 9:56 pm
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SPN Lifer
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Originally Posted by nowhereman
It seems to make no sense. FT-ers bash United Airlines all the time on these forums... how come no one gets sued?

What's the difference? Why is FT liable for lawsuits in the case of an individual and not in the case of defaming a company (assuming that whatever is said in these forums is the truth, not false accusations)?
First of all, of course truth is a defense, but as pointed out above, perspectives differ, and ultimately a jury would decide.

By virtue of its advertising, an airline would be a "public figure," suffering only if the defamation were malicious, reckless, or willfully disregarding the truth. Even then, however, a service industry business is unlikely to sue a customer, for obvious public relations reasons. They might, however, "fire" the passenger, as US did to a columnist, and confiscate his frequent flyer miles.

On the other hand, private individuals have a much lower bar of negligence to hurdle. That is not to say that such lawsuits are likely to occur willy-nilly, because of the cost of doing so. But when vindictive spiteful posts occur, you never know which airline employee will have a relative or high school classmate who is a lawyer willing to work pro bono.

I am not a plaintiffs' attorney, and don't advocate frivolous lawsuits. Ultimately civil behavior must occur through good manners, respect for others, personal morality, and a well-developed conscience rather than a fear of monetary damages. Unfortunately, there's always a few who lie at the extremes of the bell curve.
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