First Amendment rights at heart of lawsuit against woman who left ‘damaging’ online review – Wink News
WINK NEWS
It may not occur to you before you write an online review that you can be sued for what you say or be fired for it. After all, the First Amendment gives you freedom of speech, right?
But if anyone can say anything and amplify it on social media, wheres your right to privacy? And when can you get some serious trouble for just hitting Send?
Mandy Wells said the Fort Myers roofing company she hired, Marlin Construction Group, never got started on the job. She has been living under a tarp for close to a year, she said.
There was never any materials ordered so nothing was ever done.
When she told them to get lost, they sent her a bill, she said.
They want me to pay $6,084.
When she posted about the problem online, they sued her for defamation.
Well, theyre suing me because they didnt like it.
But Marlin claims Wells damaged them with her online reviews.
I dont think anything I wrote here is unreasonable, she said.
Bob Goodman, Wells attorney, said, You can just sue anybody for anything, and hes confident theyll win.
Theyll file a lawsuit for defamation, and a lot of people will simply just remove the comment, which is what what usually the purpose of the lawsuit is.
But why would anyone have to defend themselves in an expensive lawsuit for leaving a review or speaking their mind? Doesnt the First Amendment guarantee free speech?
Are you allowed to say anything you want to at any time? Kind of? Yes, you are. But there are consequences for what you say, said attorney Pam Seay.
She isnt involved in the case, but said your First Amendment rights are largely captured in its first five words: Congress shall pass no law.
Beyond the government, private citizens and companies can react to what you say however they want, including firing you, or if they feel you damaged them with something that isnt true, suing you.
At some point, its going to happen, Seay said. It will come to a head and the companies will say thats enough, weve had it, we put our lifeblood into this company and one little person with a computer is trying to ruin me.
Attorney Scott Hertz represents Marlin Construction Group in their case against Wells.
Certainly, people have the right to make complaints, but nobody has the right to make false complaints, he said.
Hertz said Wells is the one who broke the contract.
Clearly its her intent to create the impression that Marlin refused to do the work, not that she refused to allow them to do the work.
What the word work means is one of the reasons this is going to court.I didnt say anything disparaging about them, Wells said.
She said she only posted the facts: She hired Marlin Construction Group to deal with her insurance company and get her a new roof after wind damage. She said they never did the work but wouldnt release the claim on her insurance company so she could hire someone else.
But that how its misleading, Hertz said. Marlin did go out and do physical work. Marlin went on her roof. Marlin made measurements. Marlin prepared an estimate; preparing an estimate is work.
Therefore, Marlin said, Wells online review that they did no work was wrong and damaging to the company.
You need to make sure what youre saying is accurate, that it is true, Seay said.
In this case, a judge and jury may have to decide whats true and who has been damaged.
So, what can you safely post? Almost anything, including your opinion as long as its based on truth.
But keep in mind that truth means factually true, not just something you believe, so choose your words carefully.
Yeah, I dont care what they say, Wells said. It doesnt matter the things that they make up or the words they want to twist because theres none of that anywhere in anything that I wrote.
The bottom line is its headed to a judge and maybe a trial. While we cant predict how the case will come out, we want you to know we uncovered several complaints against Marlin Construction Group. The Better Business Bureau (BBB) gives them an F rating because of a pattern of complaints, many of which reference people being approached and encouraged to file an insurance claim and issues related to that claim.
State Attorney General Ashley Moodys office sent us 14 complaints about Marlin, which theyre looking into. Some of those also relate to working with insurance companies.
Marlins attorney said those are largely related to a problem with an employee that has been fixed.
Do your research before you hire any contractor.
- Occupational licensing has a First Amendment problem - The Hill - April 10th, 2026 [April 10th, 2026]
- Paterno: Dangerous Times for the First Right of the First Amendment - StateCollege.com - April 10th, 2026 [April 10th, 2026]
- When ICE enforcement and the First Amendment collide - News From The States - April 10th, 2026 [April 10th, 2026]
- Briefing Room: Advice on dealing with First Amendment auditors - Seal Beach News - April 10th, 2026 [April 10th, 2026]
- On Books, Book Reviews, and Bezos - First Amendment Watch - April 10th, 2026 [April 10th, 2026]
- Escambia County sheriff responds after heated argument between First Amendment auditor and deputy: did not reflect our core values - Yahoo - April 10th, 2026 [April 10th, 2026]
- Diddy Appeal: Lawyers Seek Release, Argue Freak-Offs Are Protected By First Amendment - HOT 97 - April 10th, 2026 [April 10th, 2026]
- Future of First Amendment: FIU to host 'Free Speech: A Florida Dialogue' with Georgetown University - WLRN - April 5th, 2026 [April 5th, 2026]
- Hollywood Stars Join Together to Defend the First Amendment - The Progressive - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump violated First Amendment by ordering defunding of NPR and PBS - KUOW - April 5th, 2026 [April 5th, 2026]
- Lemon Pound Cake and the First Amendment - jdsupra.com - April 5th, 2026 [April 5th, 2026]
- Citing First Amendment, federal judge blocks Trump order to end funding for NPR and PBS - nbcmiami.com - April 5th, 2026 [April 5th, 2026]
- Getting to Know You: Imprisoned for Exercising her First Amendment Rights She Now Speaks Truth to Power - morningsentinel.com - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump's public media order violated First Amendment. Here's what that means for KOSU - KOSU - April 5th, 2026 [April 5th, 2026]
- Aspen Public Radio and co-plaintiffs win federal case against Trump Administration, proclaiming a win for the First Amendment - KHOL 89.1 FM - April 5th, 2026 [April 5th, 2026]
- Federal judge cites First Amendment in blocking Trump order to end funding to NPR and PBS - Colorado Public Radio - April 5th, 2026 [April 5th, 2026]
- Opinion | The Supreme Court repels an egregious assault on the First Amendment - washingtonpost.com - April 5th, 2026 [April 5th, 2026]
- In Counseling Case, the Supreme Court Sides with the First Amendment - nationalreview.com - April 5th, 2026 [April 5th, 2026]
- REACTION: Supreme Court Affirms Therapy as SpeechA Major First Amendment Victory - Minding The Campus - April 5th, 2026 [April 5th, 2026]
- BIZARRE: The First Amendment should be banned - northernstar.info - April 5th, 2026 [April 5th, 2026]
- EDITORIAL: A victory for the First Amendment at the high court - Las Vegas Review-Journal - April 5th, 2026 [April 5th, 2026]
- TV station megamerger is a threat to First Amendment freedoms (Editorial) - Daily Camera - April 5th, 2026 [April 5th, 2026]
- Monroe County woman sues sheriff, claiming arrest over Facebook post violated First Amendment rights - WBIR - April 5th, 2026 [April 5th, 2026]
- Supreme Court overturns ban on so-called 'conversion therapy' on First Amendment grounds - Fox News - April 5th, 2026 [April 5th, 2026]
- Donald Trump Violated First Amendment With This Action, Says US Judge - Yahoo - April 5th, 2026 [April 5th, 2026]
- No First Amendment for some immigrant journalists or sources, govt says - Freedom of the Press Foundation - March 26th, 2026 [March 26th, 2026]
- Protesting in Tennessee, what are your First Amendment rights? - The Tennessean - March 26th, 2026 [March 26th, 2026]
- First Amendment lawsuit seeks to end Nashuas policy of requiring name and address during public comment - New Hampshire Public Radio - March 26th, 2026 [March 26th, 2026]
- First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian - | Knight First Amendment Institute - March 26th, 2026 [March 26th, 2026]
- Does a Public Actor Have the Right to Anonymity? Animal Research and Wider First Amendment Implications - Harvard Law School - March 26th, 2026 [March 26th, 2026]
- Halo zone around police, ICE nears final passage as Dems voice First Amendment concerns - News From The States - March 26th, 2026 [March 26th, 2026]
- Bravo to students who use the First Amendment - The Campanile - March 26th, 2026 [March 26th, 2026]
- Supreme Court revives First Amendment lawsuit from street preacher who called concertgoers whores, Jezebels and sissies - CNN - March 26th, 2026 [March 26th, 2026]
- The next AI fight: Do the chatbots have First Amendment rights? - qz.com - March 26th, 2026 [March 26th, 2026]
- Judge strikes down restrictive Pentagon press policy, finding it violates First Amendment - CBS News - March 26th, 2026 [March 26th, 2026]
- Gianforte Administration Reverses Permit Guidelines, Allows Weekend Events at the State Capitol - First Amendment Watch - March 26th, 2026 [March 26th, 2026]
- A call for US companies to follow the First Amendment: Ross Kerber - TradingView - March 26th, 2026 [March 26th, 2026]
- Students sue University of Alabama over suspension of campus magazines, claim First Amendment breach - rocketcitynow.com - March 26th, 2026 [March 26th, 2026]
- Students raise concerns over Kansas Senate bill that limits First Amendment right to protest - Kansas Reflector - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee For The First Amendment On Brendan Carr Threats - Deadline - March 17th, 2026 [March 17th, 2026]
- This is the issue with doing counterterrorism in a 'First Amendment society': Paul Mauro - Fox News - March 17th, 2026 [March 17th, 2026]
- A Media-Rating Company Says a Trump Agency Is Threatening Its Livelihood - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Feds Move To Dismiss Charges Against Army Veteran Who Burned American Flag Near White House - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee for the First Amendment issued a response to FCC Chair Brendan Carr's threats against broadcasters' coverage of Iran. Read more... - March 17th, 2026 [March 17th, 2026]
- On MSNOW, Angelo Carusone discusses grave First Amendment consequences of the Trump administration trying to control major media organizations - Media... - March 17th, 2026 [March 17th, 2026]
- Diddy Appeals Conviction Claiming Freak-Offs Protected by First Amendment - That Grape Juice.net - March 17th, 2026 [March 17th, 2026]
- Raja Ramaswamy Column: We should protect the First Amendment like we do the Second - reporter.net - March 17th, 2026 [March 17th, 2026]
- The Recap: Trump squashes First Amendment, and another state could flip blue - Daily Kos - March 15th, 2026 [March 15th, 2026]
- In Fox News Op-Ed, Mahmoud Khalil Urges Americans To Defend The First Amendment - Yahoo - March 15th, 2026 [March 15th, 2026]
- Sheriff Grady Judd says troll crossed lines of First Amendment in threats made to Kaitlin Bennett - Yahoo - March 15th, 2026 [March 15th, 2026]
- The Fate of the First Amendment - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Attacking the First Amendment on Repeat - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Humanities Hub leads a week of celebrating First Amendment rights and history - Clemson News - March 15th, 2026 [March 15th, 2026]
- Free Expression and the Rights of Non-Citizens - | Knight First Amendment Institute - March 15th, 2026 [March 15th, 2026]
- Former ACLU president speaks with Trojans about intricacies of the First Amendment and free speech - USC Today - March 15th, 2026 [March 15th, 2026]
- AU holds 2026 Future of the First Amendment Lecture on Tuesday - WJBF - March 15th, 2026 [March 15th, 2026]
- INDIVIDUAL RIGHTS5th Cir.: Principal not immune from teachers First Amendment claims over pre-attendance prayer ban - VitalLaw.com - March 15th, 2026 [March 15th, 2026]
- First amendment quote - Pea Ridge Times - March 15th, 2026 [March 15th, 2026]
- Stanford Daily First Amendment suit against Trump admin moves toward final ruling - The Mercury News - March 15th, 2026 [March 15th, 2026]
- Diddy Reiterates Claim Freak-Offs Were Protected by First Amendment in New Appeal Brief - Complex - March 15th, 2026 [March 15th, 2026]
- Steve Bertrands acceptance speech for Lifetime Achievement Award at the RTDNA First Amendment Awards - WGN Radio 720 - March 15th, 2026 [March 15th, 2026]
- Legal Battle Between Anthropic, Trump Admin Could Have Major First Amendment Implications, Experts Say - National Review - March 15th, 2026 [March 15th, 2026]
- Kansas Senate votes to subvert students First Amendment right to join public protests - Kansas Reflector - March 7th, 2026 [March 7th, 2026]
- The Infrastructure of Free Expression - | Knight First Amendment Institute - March 7th, 2026 [March 7th, 2026]
- Editorial: Know the First Amendment rights - The Shorthorn - March 7th, 2026 [March 7th, 2026]
- After Abandoning Law Firm Executive Orders, Trump Administration Reverses Course and Pursues Fight - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- Federal Judge Blocks Florida Governors Foreign Terrorist Label of Muslim Groups - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- You cant celebrate the First Amendment with Donald Trump - Media Matters for America - March 7th, 2026 [March 7th, 2026]
- Mamdanis thin-skinned press secretary blocks social media comments a clear First Amendment violation, critics say - New York Post - February 26th, 2026 [February 26th, 2026]
- A Childrens Book Writer Clashed With Trump. Now Shes Defending The First Amendment - SheKnows - February 26th, 2026 [February 26th, 2026]
- Christian nationalism threatens First Amendment freedoms: The right to worship any way you desire - MS NOW - February 26th, 2026 [February 26th, 2026]
- Age Limits on Bodybuilding Supplements: Inside the First Amendment Battle for Teen Health - Live Media News - February 26th, 2026 [February 26th, 2026]
- Sorry FTC, the First Amendment Trumps Antitrust Law - RealClearMarkets - February 26th, 2026 [February 26th, 2026]
- Letter: Utah bill targeting protesters is a frontal assault on First Amendment rights - The Salt Lake Tribune - February 22nd, 2026 [February 22nd, 2026]
- First Amendment Troops The ResistDance - Dance Magazine - February 22nd, 2026 [February 22nd, 2026]
- Gov. Hochuls crackdown on AI-generated political speech wont pass the First Amendment test - New York Post - February 22nd, 2026 [February 22nd, 2026]
- Utah bill cracking down on protests criticized as invasion of our First Amendment rights - Utah News Dispatch - February 22nd, 2026 [February 22nd, 2026]
- The First Amendment in flux - The Minnesota Daily - February 22nd, 2026 [February 22nd, 2026]
- Attorney William Brewer on New Yorks Even Year Election Law and the First Amendment - First Amendment Watch - February 22nd, 2026 [February 22nd, 2026]
- Supporting and Implementing Truth as a Free Speech Value - | Knight First Amendment Institute - February 22nd, 2026 [February 22nd, 2026]