Is it defamation or just a harsh opinion?
Not every hurtful post is illegal. Here is how Texas law separates a false statement of fact from an opinion.
People often call any nasty post defamation. The law is narrower than that, and knowing the difference saves time and money.
What a Texas defamation claim needs
In general you must show four things:
- Someone published a statement of fact to at least one other person
- The statement was false
- It was about you and it harmed your reputation
- The person was at fault, meaning careless with the truth for a private person, or knowingly or recklessly false for a public figure
Opinion is protected
"This is the worst contractor in Houston" is an opinion. "This contractor took my deposit and never showed up" is a statement of fact. If it is false, it can be defamatory. Courts look at how a reasonable reader would understand the words in context.
Truth is a defence
A true statement is not defamation, even when it is damaging and even when it was posted out of spite.
Some statements are treated as harmful on their face
False claims that someone committed a crime or is unfit for their profession fall into a category called defamation per se. In those cases you may not have to prove a specific financial loss.
Why this matters before you act
A demand letter aimed at a protected opinion can backfire. A claim built on a clear false fact, with evidence saved, is a different matter. An early legal review tells you which one you have.
This article is general information about the law. It is not legal advice and reading it does not make you a client of the firm. Laws change, so speak to a lawyer about your own situation.