It's Possible Your Reputation is so Terrible You Can't Legally Protect It

Imagine for a moment that your reputation is so filthy that you are unable to protect it in a court of law against published incendiary claims. How painful does that sound? It's quite possible. Just ask Lenny Dykstra.

The former Major League Baseball player was none too happy when his old teammate Ron Darling wrote a book and detailed some of Dykstra's ugly behavior, specifically, "yelling racial slurs at Boston Red Sox pitcher Dennis Boyd prior to Boyd taking the mound during the 1986 World Series. Dykstra denied that the incident ever took place and ended up filing a lawsuit against Darling for defamation and emotional distress," writes Chris Bengel of CBSSports.com.

Defamation is difficult to prove yet Darling's words were in print and bold. Could they proven false or malicious in court?

"To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement," Cornell Law states.

Dykstra, in turns out, had little chance in a legal setting and what the judge said was shockingly blunt, a lesson to many people who believe they can act without any self control and still defend themselves against their noxious behavior.

Bengel detailed the judge's sharp-edged language in the ruling that shot down Dykstra's hope of winning his libel case against Darling.

"Based on the papers submitted on this motion, prior to the publication of the book, Dykstra was infamous for being, among other things, racist, misogynist, and anti-gay, as well as a sexual predator, a drug-abuser, a thief, and an embezzler. Further, Dykstra had a reputation—largely due to his autobiography—of being willing to do anything to benefit himself and his team, including using steroids and blackmailing umpires . . . Considering this information, which was presumably known to the average reader of the book, this Court finds that, as a matter of law, the reference in the book has not exposed Dykstra to any further "public contempt, ridicule, aversion or disgrace," or "evil opinion of him in the minds of right-thinking persons," or "deprivation of friendly intercourse in society."

So the answer is yes, your reputation can be mangled and disrespected to the degree that you cannot defend it in a court of law, or public opinion, against what you don't believe is factual. Few have a reputation as frightening as Dykstra's yet his is not the only one around in society of high-profile people full of dastardly deeds. Dykstra's past caught up with him and he was deemed a "libel-proof plaintiff." Now, that takes some doing, wouldn't you say?

Michael Toebe is a specialist for reputation, professional relationships communication and wiser crisis management, serving individuals and organizations. He writes the Red Diamonds Newsletter, a weekly publication on the Medium platform on communication, decision making, behavior, conflict, courage and resilience, professional relationships. reputation and crisis and hosts the Red Diamonds Podcast with Michael Toebe.