There’s a person trying to sell a lot next to my house, and he has put a sign up to that effect. I have found him to be a very disagreeable person, for reasons which I expounded upon earlier in a pitt thread.
What I want to know is, would it be libel if I put a sign on MY property that says something to the effect of “Please do not buy the lot next to here. The owner is a total jerk”?
Each state has its own libel laws. I don’t know about oregon.
In Texas, “Libel is a defamation expressed written or other graphic form that tends to injure a living person’s reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person’s honesty, integrity, virtue, or reputation or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury”
Yes.
Defamation is the publication of statement which tends to lower a person in the eyes of right-thinking people.
There are three defences to defamation, you would have to use the fair comment defence - that what you said was factually true. “Jerk” is an ambiguous term, a universally recognised term of abuse.
There is no way that you could legally prove that someone was a jerk. You might be able to prove that they are a thief or a murderer or whatever but you could never legally prove that someone was a jerk.
“Jerk” is a subjective description not a legal fact (sadly) so yes it would be libel.
Probably inviting a lawsuit. But nothing prevents you from posting signs like, “Caution: Fire Ant Infestation,” or “Property Quarantined for West Nile Virus.”
Yes, but how can it be proven that I made a false statement about him? Shouldn’t the fact that it’s merely a subjective opinion work in my favor?
The burden of proof is upon you, not him.
Is this opposite land or something? Even in civil cases, doesn’t the plaintiff have to present a case that a “preponderance of the evidence” shows the defendent owes damages?
What about an “I’m with stupid ----->” sign?
If you walk around in a T-shirt saying “I’m with stupid ----->” then that is obviously a joke.
If you plant a sign in your garden suggesting the neighbour is a jerk (while he’s trying to sell his house) then that is a more concrete thing. You will actually cause financial damage. And all because of a subjective assessment.
If somebody sues you for libel then you have to prove what you said was true. The burden of proof is on you, not them.
In civil cases the balance of probability that X committed the crime has to be 50/50. In criminal cases it has to be “beyond reasonable doubt”.
But the level of guilt is irrelevant in this case. The fact is that the term “jerk” is not an accepted legal term and therefore it can never be proven in a court of law. So the burden of proof is against you so you will probably lose the case.
Look, don’t let me put you off. Go for it and let me know what happens. I am willing to bet $1000 that you lose the case.
Hmm… what if he alters the wording of the sign? What if the sign reads “It is my opinion that he is a jerk”, or, rather, “It is my opinion that he is a disagreeable person”?
Let’s go back a couple of steps… this guy is a jerk and you don’t want him to move away?
Why would you put up such a sign - perhaps the someone who buys this lot won’t be a jerk and then you’re rid of the jerk forever?
I just went and found your pit thread. I don’t think any such sign would improve things.
Note that truth is an absolute defense against libel. You’re completely free to put up such a sign, as long as you have enough of a factual basis to convince a jury that he is, indeed, a jerk.
Don’t count on this happening.
IANAL but I thought that you could generally get away with non-specific insult terms, presumably because calling someone a jerk is clearly your opinion, and not really a fact.
But that may just be true in the UK, or la-la land, or not at all…
Jojo Where are you? AUAL? Is it really true that it is always libel to print that someone is a jerk (unless obviously a joke)? Is it always slander to say they are?
Blalron, the sensible advice is to let him sell. But if you’re looking for a better sign, consider a factual, provable statement, something obviously opinion, or a list of drug prices 
The first Amendment gives free speech. But this is curtailed if you do so and affect other liberties, therefore you can’t do what you propose.
However (I love messing with lawyers) you are totally protected by putting up a sign that says you are Satanic (or whatever) and call for a neighborhood sacrifice. Dead serious here, go ahead and call your DA to see see if he/she will ban a sacrifice to (insert god here).
Damit. have fun with these pricks!
Being satanic might be ok but you’ll run into problems with animal rights groups if you try to sacrafice animals. 
I’m very skeptical that calling someone a “jerk” would support a defamation action. As someone pointed out, it’s clearly an opinion.
However, IMHO, putting up the sign mentioned in the OP would, in many jurisdiction, subject you to liability for “tortious interference.”
(standard disclaimer about legal advice)
Would putting up a sign not be totally counter-productive? Do you not want rid of this ‘jerk’? Do you want a new neighbour who thinks you’re the jerk? Do you want to scare away any reasonable people and end up with another jerk for a neighbour?
Don’t know about US law, but in the UK a sign like this would likely be considered as deliberate provocation and a breach of the peace.
I am shocked, shocked, at the parade of people in this thread who have posted an answer to a General Question when they know nothing about the subject and appear to be merely guessing.
But it will continue, until they day the SD management bows to my request and enforces the penalty of chopping off a finger of every poster that pollutes GQ answers with a wrong one.
I await the day.
You didn’t put a winkie at the end of you post, Bricker, so I’ll assume that you’re being serious.
How’s about you actually provide an answer, instead of just compaining?