It is probably a mistake to respond since you have attacked previous posters who did not even disagree with you but here goes:
I have not done business with Probstein that I recall but as a trial lawyer for 32 years, I have prosecuted and defended libel and slander suits, including some involving the sports memorabilia industry. Please note that there is a difference between opinion and speculation. "In my opinion, he is also a creepy looking guy" is based on the fact that you observed his appearance. "He most likely hires these kids because he can take advantage of them and can pay them little to nothing" is not opinion. It is speculation. While I don't think that statement is likely to lead to a lawsuit, I would be concerned about other statements you are making including the following: "I think he may also be getting ebay to suspend users...". While that may very well be true, it is pure speculation on your part. I would direct you to the U.S. Supreme Court’s 1990 opinion in Milkovich v. Lorain Journal Co., in which the high court scaled back First Amendment protection of opinion. Simply couching speech as opinion, the court said, does not insulate it from liability. Instead, liability can and should be imposed if the purported opinion implies defamatory facts.
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04-09-2014, 09:45 AM
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