This is ridiculous. I thought that the first amendment gives us the right to speak freely and to voice our opinions. I know that you can’t be protected by the first amendment if you attempt to incite a riot (shouting ‘fire’ in a crowded theater), but the buyer in this situation has simply voiced his opinion about the seller on an open forum provided by Ebay. Isn’t the point of these forums to voice opinions about buyers/sellers? Moreover, it is ridiculous that the lawyer/seller is upset about a negative response which impacts his seller rating. The seller clearly provided a product that did not live up to the expectations of the buyer.
The lawyer/seller should be ashamed of himself for filing this lawsuit. The first line of the lawyers oath (in most states) begins with “I solemnly swear I will support the Constitution of the United States.” He must not have taken that oath or he would realize that this lawsuit goes against what he promised to do as a law professional: uphold and defend the Constitution of the United States.
Unfortunately, these are extremely litigious times that breed such frivolous lawsuits for simply stating an opinion.
I must say, however, when the buyer wrote that the seller “has the morals of a used car salesman,” he opened the door for a defamation suit. Whenever you bring someone’s character into play, you are walking a fine line. If the buyer had simply stated that the product did not meet his expectations and he would not do business with this seller again, he most likely would not have been sued.
The long and short, in my opinion, is that the buyer should not have brought morals or character into play when posting his comments and the seller should not have brought suit against the buyer for stating his opinion. Both parties are in the wrong.
that this lawyer isn’t making it too well in his profession. If this is true that he sold this broken product for $44, then he must really need the money. Since paypal pulled the money back from him, it appears he’s trying to get rich in another way. Just think of all the lawsuits that could be filed via feedback on ebay. I would hope ebay would step up for this guy and pay his legal fees. Then revise their feedback to only a 1-10 rating. Nothing more, nothing less. Or have some standard responses that you must chose from; such as, product was not as advertised, etc… Good luck young man and hind sight is always 20-20.
Why is it that attorneys must take an Ethics Class as part of their continue education requirements every two or three years…and then repeat the class each subsequent cycle??? Oh, they forget what they learned in the class last time. Hmmm. Only profession where that happens.
The first amendment only guarantees that the right to free speech won’t be restricted by the federal government. The lawyer is not part of the federal government, for one thing. Also, simply suing someone for exercising their right to free speech is not negating that right. Free speech does not include freedom from the repercussions of that speech. So, the constitution doesn’t really enter into this one.
That said, if the facts turn out to be what was reported here… I would have to ask lawyers not to do things like this. Also, doesn’t the lawyer have anything better to do with his time?
So Freedom of Speech only applies to the seller who wants only “postive” comments, irrespective of the quality of product sold or the condition it’s in which may have been poorer than advertised? Why isn’t the ACLU coming to Steadman’s defense classic First Amendment Right – Freedom of Speech!
Now Steadman is getting it both ways – got screwed on the merchandise now getting screwed by the seller who happens to be an attorney and racking up senseless legal fees. Attorney’s what a racket!
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This is ridiculous. I thought that the first amendment gives us the right to speak freely and to voice our opinions. I know that you can’t be protected by the first amendment if you attempt to incite a riot (shouting ‘fire’ in a crowded theater), but the buyer in this situation has simply voiced his opinion about the seller on an open forum provided by Ebay. Isn’t the point of these forums to voice opinions about buyers/sellers? Moreover, it is ridiculous that the lawyer/seller is upset about a negative response which impacts his seller rating. The seller clearly provided a product that did not live up to the expectations of the buyer.
The lawyer/seller should be ashamed of himself for filing this lawsuit. The first line of the lawyers oath (in most states) begins with “I solemnly swear I will support the Constitution of the United States.” He must not have taken that oath or he would realize that this lawsuit goes against what he promised to do as a law professional: uphold and defend the Constitution of the United States.
Unfortunately, these are extremely litigious times that breed such frivolous lawsuits for simply stating an opinion.
I must say, however, when the buyer wrote that the seller “has the morals of a used car salesman,” he opened the door for a defamation suit. Whenever you bring someone’s character into play, you are walking a fine line. If the buyer had simply stated that the product did not meet his expectations and he would not do business with this seller again, he most likely would not have been sued.
The long and short, in my opinion, is that the buyer should not have brought morals or character into play when posting his comments and the seller should not have brought suit against the buyer for stating his opinion. Both parties are in the wrong.
Guess he should have said “has the morals of a lawyer.”
Where is ebay in this? Why aren’t they helping to defend the buyer who posted the comment as ebay encourages buyers to do?
that this lawyer isn’t making it too well in his profession. If this is true that he sold this broken product for $44, then he must really need the money. Since paypal pulled the money back from him, it appears he’s trying to get rich in another way. Just think of all the lawsuits that could be filed via feedback on ebay. I would hope ebay would step up for this guy and pay his legal fees. Then revise their feedback to only a 1-10 rating. Nothing more, nothing less. Or have some standard responses that you must chose from; such as, product was not as advertised, etc… Good luck young man and hind sight is always 20-20.
If the seller were a used car salesman could he sue if accused of having the morals of a attorney?
Why is it that attorneys must take an Ethics Class as part of their continue education requirements every two or three years…and then repeat the class each subsequent cycle??? Oh, they forget what they learned in the class last time. Hmmm. Only profession where that happens.
Actually, Insurance Agents must also take Ethics CE class every three years.
The first amendment only guarantees that the right to free speech won’t be restricted by the federal government. The lawyer is not part of the federal government, for one thing. Also, simply suing someone for exercising their right to free speech is not negating that right. Free speech does not include freedom from the repercussions of that speech. So, the constitution doesn’t really enter into this one.
That said, if the facts turn out to be what was reported here… I would have to ask lawyers not to do things like this. Also, doesn’t the lawyer have anything better to do with his time?
What’s a 100 lawyers at the bottom of the sea???
A good start!!
So Freedom of Speech only applies to the seller who wants only “postive” comments, irrespective of the quality of product sold or the condition it’s in which may have been poorer than advertised? Why isn’t the ACLU coming to Steadman’s defense classic First Amendment Right – Freedom of Speech!
Now Steadman is getting it both ways – got screwed on the merchandise now getting screwed by the seller who happens to be an attorney and racking up senseless legal fees. Attorney’s what a racket!