You have a constitutional right to tell the world how a business treated you. That right is strong, and it has limits. Knowing both lets you speak up confidently.
What's protected
- True statements of fact. Truth is a defense to defamation.
- Opinions based on disclosed facts. "Based on their response, I wouldn't trust them with my car" is opinion. When you lay out the facts that led you there, readers can judge for themselves.
- Quoting a company's own words for commentary and criticism, which is generally fair use.
- Using a company's name to identify who you're criticizing.
Where the limits are
| Not protected | Why |
|---|---|
| False statements of fact | Can be defamation if they harm reputation |
| Opinions that imply false facts | "In my opinion they stole my money," if untrue, implies a false fact |
| Harassment and threats | Not protected criticism |
| Publishing private personal info | Can create other legal problems |
| Demanding money to remove criticism | Can be treated as extortion |
Florida protections
- Florida Constitution, Article I, Section 4: "Every person may speak, write and publish sentiments on all subjects," while being responsible for abuse of that right.
- Florida's anti-SLAPP statute, § 768.295, prohibits lawsuits filed without merit primarily because someone exercised free speech on a public issue. Courts are directed to resolve those claims quickly, and the defendant can recover attorney's fees.
Federal protections
- Consumer Review Fairness Act: voids form-contract gag clauses on reviews.
- 47 U.S.C. § 230: if you host other people's reviews or stories, the law generally treats that content as theirs.
How to stay on safe ground
- Back up every fact with records, photos or written messages.
- Label opinions clearly.
- Quote accurately.
- Don't attack individuals personally.
- Never trade the removal of a review or website for payment.
- Update your post if the facts change.
This is general information, not legal advice.
Fact vs. opinion, with examples
| Statement | Fact or opinion? |
|---|---|
| "My car had new chips after their wash; here's the before photo." | Fact, provable |
| "Their explanation doesn't make sense to me." | Opinion |
| "They sent me a Google search as proof." | Fact, provable with the email |
| "They're the worst car wash in Florida." | Opinion (hyperbole) |
| "They damage cars on purpose." | Factual claim, avoid unless you can prove it |
Gripe sites and company names
Federal courts have repeatedly found that noncommercial criticism sites using a company's name to identify it are not trademark infringement, for example *Bosley Medical Institute v. Kremer* (9th Cir. 2005) and *Taubman Co. v. Webfeats* (6th Cir. 2003). Keeping the site noncommercial, with its own branding and a clear disclaimer, matters.
If you receive a legal threat
- Don't panic or reply in anger.
- Don't delete anything; keep your records intact.
- Read exactly which statements they say are false.
- Compare each one to your evidence.
- Consider a consultation with a First Amendment or media lawyer.