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LEGAL EASE
Continued from page 21 have removed from the Internet any statement against you that is
a false, defamatory statement of the true facts. On top of that, you
Second, the court limited your can recover any damages you sustained including damages that
remedy to only statements that aren’t purely economic in nature. That includes punitive damages
have been already published. if you can show the person did this with the intent of harming you.
The court will not allow you to
stop somebody ahead of time As a practical matter, hiring an attorney to prosecute the lawsuit
from publishing a false state- may not be economically feasible unless you can show real financial
ment. You can only stop them harm, mal-intent, or widespread publication such that your repu-
after they’ve done it. That may tation really was damaged. But the mere fact you have this legal
not seem fair but the court doesn’t want to “chill” freedom of speech right may be sufficient to cause the perpetrator to back down, re-
by silencing somebody before they’ve even said it. That said, if you move or recant the statements if he receives a sternly written letter
can prove that there is an imminent danger that will be posed by a from your attorney. In short, you no longer have to put up with
statement that hasn’t yet been made, the courts can intervene to cyber bullying.
stop it if it’s essential to prevent that danger and if the court uses
the least possible means to do so. This is, however, a legal remedy George F. “Rick” Evans Jr., is the founding partner
that is very, very sparingly used and only under exigent circum- of Evans, Rowe & Holbrook. A graduate of Marshall
stances. Prior restraint on a person’s freedom of speech is constitu- College of Law, his practice for 36 years has been ex-
tionally anathema. clusively dedicated to the representation of physicians
What does this mean to a practicing doctor like you? The Texas and other healthcare providers. Mr. Evans is the BCMS legal counsel.
Supreme Court has now recognized that you have a legal right to
22 San Antonio Medicine • April 2015
