Libel, or Not?

Just a few thoughts on some recent blog postings I ran across. I don't intend for this to be an exhaustive article, nor have I comprehensively researched the issue. I merely want to address the posting at TheBigLead, in which the author, Jason Mcintyre stated that "[O]ur money’s on her jilted ex-boyfriend being somehow connected..." in the Steve McNair case.

I ran across this posting by Spencer Hall, of EDSBS, in his SportingNews column. In it, Hall blasts Mcintyre of TheBigLead, saying his column "totally is" libelous (according to the attorneys he "talked" to). Then, I ran across this post, at deadspin.com, which also heavily criticized TheBigLead, as well as SportsbyBrooks, for expressing their speculations and posting photos of the victims. The author of the deadspin.com post, Tommy Craggs, wrote that Mcintyre's column was "straight-up libel."

Ummm, hold on a sec. Not so sure one can say that the statement definitely was libelous. Generally speaking, for a defamation claim, you must have 1) a false statement, and 2) an injury. Obviously, the imputation of committing a crime can be defamatory if proven false. However, Mcintyre's statement was clearly not intended to be taken as fact. He's merely expressing his opinion that, based on the circumstances, the guy may be involved. Besides, where is the injury? Are you going to tell me this guy suffered public ridicule for some blog posting on the internet that only a few thousand people probably even saw? It seems to me the guy has more things to worry about than some blogger guy speculating on whether he was involved.

My question is, how do Mr. Hall and Mr. Craggs think they are exempt from the very law they accuse another of breaking? Spencer hedged his bets by relying on the advice of others, but the statement on deadspin.com that it was "straight-up libel?" Well, that is arguably false. And, it likely caused injury to Mcintyre by decreasing the readers of TheBigLead. That seems to satisfy the two components of a defamation claim. So, who should "buckle up," TBL for expressing his opinion, or other bloggers for accusing him of defamation?

Now, as a disclaimer, this is not intended as an exhaustive research of the law. While I am a lawyer, I do not practice in New York, where jurisdiction would presumably lie. I am not giving legal advice to anyone, and do not claim to practice regularly in the area. I sure would like to see someone tell me why I'm wrong, though.