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.
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
- CBS Argues First Amendment Protections in Bid to Dismiss Matlock Writer Lawsuit Over Allegedly Racist Comments - The Hollywood Reporter - September 13th, 2026 [September 13th, 2026]
- Kentucky leads 14-state coalition to SCOTUS on First Amendment rights - Eyewitness News (WEHT/WTVW) - September 13th, 2026 [September 13th, 2026]
- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
- The Forever War and the First Amendment, Thu, Sep 10, 2026, 9am - 5pm - Community Calendar - ABC7 New York - September 13th, 2026 [September 13th, 2026]
- Kid Cudi Says First Amendment Protected Firing M.I.A. From Tour, Wants $2.8 Million Lawsuit Tossed - Law Commentary - September 13th, 2026 [September 13th, 2026]
- Police have dual role in protecting public and First Amendment rights | Op-Ed - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- Democrats obliterated the First Amendment right to assembly: RFK Jr - Yahoo - September 13th, 2026 [September 13th, 2026]
- Trump Cant Call Ballots Mail and Escape the First Amendment - Jurist.org - September 8th, 2026 [September 8th, 2026]
- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
- Uniform doesnt come with First Amendment waiver - oleantimesherald.com - September 8th, 2026 [September 8th, 2026]
- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
- Labor Day: Brought to You by the First Amendment - Freedom Forum - September 8th, 2026 [September 8th, 2026]
- At FIU stop, DeSantis discusses First Amendment rights in wake of federal judge ruling in favor of anti-ICE protesters - WSVN - August 27th, 2026 [August 27th, 2026]
- Commentary: The First Amendment is more than the right to speak - Lake Oswego Review - August 27th, 2026 [August 27th, 2026]
- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]
- Man arrested at Berkeley County gas station says his First Amendment rights were violated - Live 5 News - August 27th, 2026 [August 27th, 2026]
- Composer-Pianist Vijay Iyer to Perform at The Forever War Symposium - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- How Do We Aggressively Lobby for Press Freedom Legislation in a Post-Trump World? - | Knight First Amendment Institute - August 27th, 2026 [August 27th, 2026]
- Federal judge says FIU violated first amendment rights of anti-ICE student protesters - Creative Loafing Tampa - August 27th, 2026 [August 27th, 2026]
- Trump Sued for Selling Early Access to Truth Social Posts: First Amendment Analysis - Freedom Forum - August 22nd, 2026 [August 22nd, 2026]
- Students, ACLU argue FIU violated First Amendment rights after doling out punishments for ICE protests - WSVN - August 22nd, 2026 [August 22nd, 2026]
- Did this field trip to a mosque violate the First Amendment? A group of Palo Alto parents think so. - The Forward - August 22nd, 2026 [August 22nd, 2026]
- Second Circuit Says You Have a First Amendment Right to Film Police in Public - Fstoppers - August 22nd, 2026 [August 22nd, 2026]
- Column: Lets celebrate ALL of the First Amendment, not part - The Daily Tar Heel - August 22nd, 2026 [August 22nd, 2026]
- Jury Says The New York Times Defamed Alabama Basketball Player With Incorrect Story About Shooting - First Amendment Watch - August 22nd, 2026 [August 22nd, 2026]
- Disney and ABC filed a First Amendment lawsuit against the FCC - Morning Brew - August 22nd, 2026 [August 22nd, 2026]
- Five Standout Claims In ABCs First Amendment Lawsuit Against The FCC - Deadline - August 22nd, 2026 [August 22nd, 2026]
- Judge weighs First Amendment case involving FIU student protest - CBS News - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC claiming first amendment violation - WBKO - August 22nd, 2026 [August 22nd, 2026]
- ABC sues FCC over license reviews, citing First Amendment rights - WRTV - August 22nd, 2026 [August 22nd, 2026]
- Rich Lenkov on murder trials, cocaine trafficking, and a First Amendment showdown - WGN Radio 720 - August 22nd, 2026 [August 22nd, 2026]
- FCC Boss Brendan Carr Says Disneys First Amendment Lawsuit Is Without Merit - Media Play News - August 22nd, 2026 [August 22nd, 2026]
- Judge Plans October Hearing In ABCs First Amendment Lawsuit Against FCC, Says It Will Be Sooner If Agency Takes Action On Licenses - Yahoo - August 22nd, 2026 [August 22nd, 2026]
- Antithesis of Our First Amendment: Families Ask Supreme Court to Toss Texas Ten Commandments Law - Alaska Native News - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - IMDb - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - Just Jared - August 22nd, 2026 [August 22nd, 2026]
- Disney Takes on Trump: Can ABC Win Its First Amendment Suit Against the FCC? | Analysis - IMDb - August 22nd, 2026 [August 22nd, 2026]
- First Amendment group rebukes San Joaquin RTD director over threat to sue public critics - Stocktonia - August 14th, 2026 [August 14th, 2026]
- Does the First Amendment Protect Freedom From Religion? - First Liberty Institute - August 14th, 2026 [August 14th, 2026]
- Opinion | Trumps attack on a think tank is an affront to the First Amendment - The Washington Post - August 14th, 2026 [August 14th, 2026]
- Dining hall workers union sues ASU, alleging First Amendment violations - The State Press - August 14th, 2026 [August 14th, 2026]
- ACLU-SC to SC Arts Commission: Respect the First Amendment - ACLU of South Carolina - August 14th, 2026 [August 14th, 2026]
- How does the First Amendment govern liability for AI? - Free Speech Center - August 14th, 2026 [August 14th, 2026]
- Judge Orders Massachusetts Sheriff To Hand ICE Detainee Records to ACLU - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Masked men practicing First Amendment right to video in public antagonize residents at post office in Pleasanton - Pleasanton Weekly - August 14th, 2026 [August 14th, 2026]
- How the First Amendment protects our 5 freedoms and why its in danger - The Seattle Times - August 14th, 2026 [August 14th, 2026]
- Dining hall workers suing ASU over First Amendment right to protest working conditions - KTAR News 92.3 FM - August 14th, 2026 [August 14th, 2026]
- Lawsuit Seeks To Ban Trump Media From Charging for Early Access to Presidents Posts on US Policy - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Judge Dismisses Trump Administration Lawsuit Alleging Antisemitism at Harvard University - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Meta To SCOTUS: Addiction Suits Barred By First Amendment, Section 230 - Yahoo - August 14th, 2026 [August 14th, 2026]
- Another Colorado Attack on the First Amendment Goes to the Supreme Court - Independence Institute - August 14th, 2026 [August 14th, 2026]
- Masked ICE Agent Pulls Gun on Virginia Driver Who Says She Was Exercising First Amendment Rights - National Enquirer - August 14th, 2026 [August 14th, 2026]
- Flag on the play: First Amendment problems with NIL regulation - FIRE | Foundation for Individual Rights and Expression - July 21st, 2026 [July 21st, 2026]
- Removal of CLARITY Acts Section 604 Could Spark First Amendment Battle, Industry Executives Warn - Cryptonews.net - July 21st, 2026 [July 21st, 2026]
- The Forever War and the First Amendment - | Knight First Amendment Institute - July 18th, 2026 [July 18th, 2026]
- Judge dismisses Chelan County deputies' claim that Morrison violated their First Amendment rights - The Wenatchee World - July 18th, 2026 [July 18th, 2026]
- INDIVIDUAL RIGHTS7th Cir.: Former Chicago firefighter cannot revive First Amendment claims involving racist Facebook posts - VitalLaw.com - July 18th, 2026 [July 18th, 2026]
- AI Chatbots Are at Risk of Spreading Government Restrictions on Online Speech, a New Study Says - First Amendment Watch - July 18th, 2026 [July 18th, 2026]
- Viral video at Pride protest prompts Fort Worth police to review First Amendment rights training - WFAA - July 16th, 2026 [July 16th, 2026]
- A New Jersey Judge Defies the First Amendment by Censoring News Coverage of a High School Lockdown - Yahoo - July 16th, 2026 [July 16th, 2026]
- 'They're Violating My First Amendment Right': A Video of a Man Being Removed From a Public Park During Arab Fest Is Dividing X - The Daily Dot - July 16th, 2026 [July 16th, 2026]
- DOJ weighs civil rights probe into Fort Worth police over alleged First Amendment violations - Fox News - July 16th, 2026 [July 16th, 2026]
- Human Rights Groups Sue Over Trump Administrations Sanctions on ICC for Investigations Into Israel - First Amendment Watch - July 16th, 2026 [July 16th, 2026]
- First Amendment Discussion with Journalists and Legal Experts Set for July 21 at National Press Club - PR Newswire - July 16th, 2026 [July 16th, 2026]
- When Speech or Association Undercuts the Mission: A First Amendment Guide for Law Enforcement Agencies - States United Democracy Center - July 16th, 2026 [July 16th, 2026]
- Elon professors join FCC filing on First Amendment, broadcast journalism - Elon University - July 16th, 2026 [July 16th, 2026]
- Letter to the Editor: SCC School Board must respect the First Amendment - baldwin-bulletin.com - July 16th, 2026 [July 16th, 2026]
- Subpoenas Issued to NY Times Reporters Seen as Unprecedented Threat To Press Freedom - First Amendment Watch - July 16th, 2026 [July 16th, 2026]
- Florida Government Weekly Roundup: Crossing The First Amendment - NorthEscambia.com - July 16th, 2026 [July 16th, 2026]
- David Schwartz invokes First Amendment to defend XRP sports ads - Cryptonews.net - July 16th, 2026 [July 16th, 2026]
- First Amendment Protects Universities From Florida's Stop WOKE Act - Reason Magazine - July 16th, 2026 [July 16th, 2026]
- Warwick tries to bar critic from disclosing information obtained in First Amendment suit - The Boston Globe - July 9th, 2026 [July 9th, 2026]
- South Milwaukee Orders Residents to Take Down Whimsical Skeleton Display, a Violation of Their First Amendment Rights - The Institute for Justice - July 9th, 2026 [July 9th, 2026]
- ABC Fights Back Against FCC Regulators in Dispute Over The View and Equal Time Rules - First Amendment Watch - July 9th, 2026 [July 9th, 2026]
- How does the First Amendment apply to AI regulation in hiring and health care? - FIRE | Foundation for Individual Rights and Expression - July 9th, 2026 [July 9th, 2026]
- Judge Orders E. Jean Carroll Be Paid $5.8M in Trump Sex Abuse and Defamation Case; Trump Appeals - First Amendment Watch - July 9th, 2026 [July 9th, 2026]