"It's the power of the Internet, man."

That’s a quote from Justin Kurtz who is being sued for posting a critical comment on Facebook about a local business. After his car was towed–illegally claims the Michigan college student–he created a Facebook page to chastise T&J Towing. The company responded with a lawsuit that is now working its way through the court.  T&J, which claims defamation, is asking for $750,000, according to the New York Times.

Is this a legitimate grievance or is the company just trying to stifle free speech? That’s a question to be argued by the lawyers and determined by a judge or jury. But the case underscores the enormous power of social networking and the Net.

Once you publish a comment online, you have a potential audience of billions. If you post a comment on Facebook about the awful meal you ate at a restaurant, can you be sued? What if you write a negative product review and post it on Amazon? Can you criticize your doctor online?

The good news, is that in the U.S. (readers from other countries please comment on your laws), the right of citizens to express their opinion is protected speech. The bad news is that despite this constitutional protection, it doesn’t stop businesses from filing lawsuits anyway, primarily to intimidate people. When faced with the cost of defending themselves, which can run into the tens of thousands of dollars, many people back down, agreeing to remove the offending comments.

Sometimes, however, this tactic backfires. Since the legal battle began, over 13,000 people have joined Kurtz’s Facebook page, Kalamazoo Residents Against T&J Towing. So even if T&J wins the battle, it will have lost the war of public opinion, which overwhelmingly supports the outraged student.

So how should a business that thinks its been wronged defend its reputation? I was just sent a book to review that takes up that may offer some answers. Check back next week.