: Re: How far does libel extend in writing? Suppose I wrote a book. Suppose it had a normal modern fictional story about it. Suppose that the characters aren't based on real people and have no relation

@Megan928

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Spears and Tebow are polar opposite cases and therefore worth discussing.

Spears is well known for her indiscretions. So if you had a character call her a "whore," that would probably fall under the category of "fair comment." Basically, you can't defame someone if their actual reputation matches what you called them, even if it is not literally true.

Tebow, on the other hand, has a squeaky clean image, and works hard to maintain it. Any statement that mars that image will "do damage" so it ought to be factual, or at least "compelling" (the legal standard) to the average person. Alleging illegal drug use is alleging a violation of the law, so there needs to be reasonable grounds for such an accusation; far more than someone being a "whore."

Both are public figures. For them to win a suit, they would have to prove either actual malice or "reckless disregard" for the truth, meaning that "mistake" is a defense. For instance, if there was a photo of Tebow holding a "bong," inferring that he used marijuana would probably not be "reckless," even though he factually never did.

I am not a lawyer, and am answering as a writer and prospective juror, "trier of fact."

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