Can You Be Sued for Social Media Posts in Texas? Understanding Defamation and Anti-SLAPP Protections

Social media makes it easy to share opinions, criticize businesses, and discuss controversial issues. But what happens when someone responds to your Facebook post, online review, or public comment by filing a lawsuit?

In Texas, statements made online can lead to defamation claims and other legal disputes. However, not every negative statement creates legal liability, and some lawsuits involving protected speech may be subject to early dismissal under the Texas Citizens Participation Act (TCPA).

Understanding the difference between actionable defamation and legally protected speech is important for anyone facing a lawsuit over something they posted online.

Can Someone Sue You for a Facebook Post or Online Review?

Yes. A person or business may file a defamation lawsuit based on statements published through social media, review websites, or other online platforms.

Common situations include:

• A business owner suing a former customer over a negative online review.
• An individual alleging that a Facebook post contained false accusations.
• A former employee being sued over statements about workplace practices.
• A dispute between business partners involving public allegations of misconduct.
• A person facing litigation after making accusations in an online community group.

However, the fact that someone finds a statement offensive, embarrassing, or damaging does not automatically make it defamatory.

A viable defamation claim generally requires proof of a false statement of fact published to a third party, the applicable level of fault, and legally recognized injury or damages, subject to the particular circumstances of the claim.

Are Opinions Protected Under Texas Defamation Law?

The distinction between statements of fact and expressions of opinion is often central to an online defamation case.

For example, consider these statements:

Statement A: "I had a terrible experience with this contractor and would not hire them again."

Statement B: "This contractor stole $20,000 from customers."

The first statement describes a personal experience and evaluation. The second makes a potentially verifiable accusation of criminal conduct.

That distinction can be significant, although courts consider the full context rather than simply whether someone labels a statement an opinion.

Expressions of dissatisfaction, criticism, and subjective judgments may be protected. False factual assertions that damage another person's reputation may create legal exposure.

How Does the Texas Anti-SLAPP Law Protect Online Speech?

The Texas Citizens Participation Act, found in Chapter 27 of the Texas Civil Practice and Remedies Code, provides a procedure for seeking early dismissal of certain lawsuits based on or in response to protected activity.

The TCPA addresses three principal rights:

1. The right of free speech.
2. The right to petition.
3. The right of association.

For purposes of the TCPA, the right of free speech generally involves communications made in connection with a matter of public concern.

Importantly, the statute does not automatically protect every social media statement. Whether it applies depends on what was communicated, the surrounding circumstances, the claims asserted, and the statute's definitions and exemptions.

Are Negative Google Reviews Protected by the TCPA?

Texas law expressly preserves TCPA protection for qualifying consumer opinions and reviews, notwithstanding certain statutory exemptions.

This can matter when a business files a lawsuit against a customer who has publicly criticized its services.

However, the context and content of the review remain important. A consumer review involving false factual allegations may present different issues from an account of an actual customer experience.

Courts must evaluate the specific claims and evidence rather than automatically dismissing every lawsuit involving an online review.

What Happens When Someone Files a TCPA Motion?

If a defendant establishes that the TCPA applies, the person bringing the lawsuit must present clear and specific evidence establishing a prima facie case for each essential element of the challenged claim.

This requirement can expose weaknesses in a defamation lawsuit early in the litigation process.

Even where the plaintiff establishes a prima facie case, dismissal may still be required if the defendant establishes an affirmative defense or another ground entitling the defendant to judgment as a matter of law.

A successful TCPA motion can also result in recovery of court costs and reasonable attorney's fees, subject to statutory exceptions.

What Should You Do If You Are Sued Over an Online Post?

If you receive a lawsuit involving statements you made online, consider taking these steps immediately:

• Preserve the original posts, comments, messages, and surrounding conversations.
• Keep copies of correspondence concerning the alleged defamatory statements.
• Avoid deleting potentially relevant evidence.
• Do not assume that removing a post will end the lawsuit.
• Consult an attorney promptly to evaluate potential defenses and procedural deadlines.

A TCPA motion generally must be filed within 60 days after service of the legal action, unless the deadline is extended as permitted by law.

Waiting too long can limit the options available to defend the case.

Talk to McMillan & Black About Social Media Defamation Lawsuits

Being sued over something you said online does not necessarily mean you have committed defamation.

McMillan & Black, PLLC represents clients in Texas litigation involving free speech, defamation, and TCPA motions to dismiss.

If you have been sued over a social media post, online review, or other public statement, our attorneys can evaluate the allegations, identify potential defenses, and determine whether an early motion to dismiss may be appropriate.

Contact McMillan & Black, PLLC to discuss your Texas defamation lawsuit.

Frequently Asked Questions

Can I be sued for leaving a bad Google review in Texas?

Yes. A business can file a lawsuit over a review, but whether the lawsuit succeeds depends on the content of the review and the applicable law. Qualifying consumer opinions and reviews may receive TCPA protection.

Does the First Amendment protect everything I say online?

No. Constitutional protections for speech have limits, and false defamatory statements can create legal liability.

Can a Texas defamation lawsuit be dismissed before trial?

Yes. Depending on the circumstances, a TCPA motion, Rule 91a motion, or another procedural mechanism may provide a basis for early dismissal.

How long do I have to file an anti-SLAPP motion in Texas?

Generally, a TCPA motion must be filed within 60 days after service of the legal action, subject to permitted extensions.

Featured photo by Sanket Mishra