The angry Magat at my door.

[Kath2]

32. I think you are on pretty solid ground given these facts.

First of all, courts have held that public figures have to meet a higher standard (actual malice) than do private citizens (negligence). While being a school board candidate is not the same as being a high level official, it is willingly putting yourself in the public eye and, therefore, inviting a certain amount of discussion and controversy. I believe he would have a very difficult time proving that you acted with actual malice toward him. Also, although it may have been in error as to degree (home schooling vs. private school), your salient point is absolutely correct: his children do not attend public school. I think it is unlikely that a court would split hairs to such a degree to hold that he was lied about. Finally, he would have to prove that, because of the communication, his reputation sustained damage or harm. Thus, the potential plaintiff would have to argue that the notion that he home schooled his children tarnished his otherwise good name. Not an argument he would want to make and probably not one that would be overly persuasive in court.

I hope this helps. In summary, I believe you are dealing with another hot-headed, constantly aggrieved MAGA type we are seeing so much of these days. Although the situation is unpleasant, my guess is that his little tirade was just an intimidation and scare tactic that will have little to no follow-up forthcoming.