Creating a new site abot someone semi-famous -- slander/defamation?
 

I'm planning to make a site that will be negative towards a semi-famous person. Something similar to a www.paypalsucks.com except it will be about a person and his/her career. My website will not be "thispersonsucks.com" but will a play on their name to indicate they suck (changing their last name slightly so that you still know who i'm talking about but in a negative way).

Does anyone know if this is perfectly ok or if I need to be careful about attracting lawsuits? As long as I only state opinions or link to other sources, would that be ok? Is there anything I need to be careful not to do? Or is it pretty much free speech I can say whatever I want (I would not lie about anything, but would certainly be extremely critical of this person and his/her credentials).

Also, do most of you register your websites under an LLC, or under you own name? If it is an LLC are pretty much free of all liablity?

Re: Creating a new site abot someone semi-famous -- slander/defamation
 

Freedom of Speech?

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

Typically, celebrities or people that are in the public eye all the time (political figures) can't do anything about defamation or slander.

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

not sure about libel in that particular instance but one website similar to what youre talking about but was done as a parody which i believe has more latitude than just insulting someone is tonyhomo.com (play on tony romo for those not familiar). the writer pretends to be drew bledsoe and blogs last season as a benchwarming quarterback.

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

LLC's aren't free from liability. They seperate your personal assets from the companies assets. For example a sole proprietor could lose his house if he was sued for $500,000 and lost. An LLC is only liable for what the company has in assets. And since an LLC offers pass through taxation taking the money from the company and into your personal bank account doesn't have any different effect than leaving it in your company account (for the most part). What that means is if my company makes $750,000 I personally get taxed on that amount whether the money is in my bank account or my company bank account.

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

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LLC's aren't free from liability. They seperate your personal assets from the companies assets. For example a sole proprietor could lose his house if he was sued for $500,000 and lost. An LLC is only liable for what the company has in assets. And since an LLC offers pass through taxation taking the money from the company and into your personal bank account doesn't have any different effect than leaving it in your company account (for the most part). What that means is if my company makes $750,000 I personally get taxed on that amount whether the money is in my bank account or my company bank account.

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But say in your example, if the site makes $750,000 and then gets sued, but the money has already been transferred to your personal account. Will you (personally) have to pay that $750,000 back, or can the company just declare bankruptcy and that is the end of it? I definitely would not be creating an LLC for tax purposes, solely for liability purposes (although in the grand scheme of things i don't have the much to lose personally either).

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

People in the public eye have a much harder time getting people accused of Slander/Defamation/Libel. If what you put on your site is true, obv theres no chance of slander etc because truth is an absolute defense to those. If you act in "good faith" and aren't making up totally rediculous things about the person, you'll be fine. You can have an opinion about a person, but you can't make up false "truths" about them. Like "I hated his last show" is ok, but "He is a midget and has herpes" is not ok.

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

[ QUOTE ]
[ QUOTE ]
LLC's aren't free from liability. They seperate your personal assets from the companies assets. For example a sole proprietor could lose his house if he was sued for $500,000 and lost. An LLC is only liable for what the company has in assets. And since an LLC offers pass through taxation taking the money from the company and into your personal bank account doesn't have any different effect than leaving it in your company account (for the most part). What that means is if my company makes $750,000 I personally get taxed on that amount whether the money is in my bank account or my company bank account.

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But say in your example, if the site makes $750,000 and then gets sued, but the money has already been transferred to your personal account. Will you (personally) have to pay that $750,000 back, or can the company just declare bankruptcy and that is the end of it? I definitely would not be creating an LLC for tax purposes, solely for liability purposes (although in the grand scheme of things i don't have the much to lose personally either).

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http://www.bankrate.com/brm/news/biz...s/20000831.asp

Advantages: LLCs, like corporations, provide business owners with liability protection. That is, debtors will go after company assets, not your personal assets. That's a step up from partnerships and sole proprietorships when your personal assets may be used to settle a business debt.

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

Saying that someone sucks is all a matter of opinion and is fine. It's making up total BS stuff like fake stories about them having affairs or beating their kids where you are most likely to get in trouble, although the Enquirer and such get away with it for the most part.

Re: Creating a new site abot someone semi-famous -- slander/defamation?
 

Thanks all, one more question, what about using pictures that already exist on the web?

Can I post any picture if i link the source, or are some pictures ok to re-use while others are not? I plan to research this more on my own but just trying to get a general idea if anyone has first-hand knowledge on this. Thanks!