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Post by friskers on Aug 18, 2009 16:37:46 GMT -5
www.expertlaw.com/library/personal_injury/defamation.htmlIts good to know the laws about this to protect others and yourself . Yes probably the chances of getting sued for saying something accusatory or mean is slim but these days of lawsuits its better just to be nice than risk a lawsuit against you...besides its just feels better to be nice ! ;D If your going to accuse someone of something publicly you had better be 100 percent sure of the facts or you can get your ass sued !
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Post by rhorn2006 on Aug 18, 2009 19:11:46 GMT -5
As far as I know, there has "never been a successful slander suit" filed in any US court by a "private citizen",,,, second amendment rights always prevail,, whether what is said is true or not..
Throughout all US courts,, slander only applies to the nation wide publication of "intentionally fraudulent" information of a "commonly and well known public figure" (top movie stars and so on) who's reputation and income have been "dramatically" effected "beyond reasonable recovery" by the "intentionally fraudulent information" publicized about them,, and even those high profile cases rarely ever win..
That's why the "National Inquirer" and other such trash-rags,, don't sweat it much...
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Post by friskers on Aug 18, 2009 19:18:54 GMT -5
Thanks rhorn Im no expert on that one but in any case its just morally wrong
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Post by jwf on Aug 19, 2009 13:49:07 GMT -5
friskers, I would never slander you, but I might say some interesting things about you.. ;D
Blue Skies........John
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Post by Jill on Aug 19, 2009 15:57:48 GMT -5
Maybe you are thinking of Libel? Slander- spoken word- Libel- printed word. There are 207,000 hits- for libel so I won't post any 'hits'. tinyurl.com/kwhcd5 Thing is- if it is true- or common knowledge- there is no basis for a lawsuit.
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Post by rhorn2006 on Aug 19, 2009 20:08:42 GMT -5
Thanks rhorn Im no expert on that one but in any case its just morally wrong Yes,,,, I agree, but the law is more often on the side of what is morally wrong than what is morally right...
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Post by rhorn2006 on Aug 19, 2009 21:49:06 GMT -5
Maybe you are thinking of Libel? Slander- spoken word- Libel- printed word. There are 207,000 hits- for libel so I won't post any 'hits'. tinyurl.com/kwhcd5 Thing is- if it is true- or common knowledge- there is no basis for a lawsuit. Hey Jil,, I was only speaking in general terms.. The terms "Libel" and "Slander" are "legal language" used in a civil action, meant to describe the means in which a persons "character" has been "degraded".. (either in "print" or "spoken word" to a national audience) Both methods of "slander" are defined as "defamation of character" and the offender can be held "libel" in either case, if the offended parties reputation and livelihood have been damaged beyond recovery by the fraudulent statements,, in print or in spoken word.. The reason why the means in which a persons "character" has been "publicly degraded" (Libel or Slander) is defined is because of the degree of "lingering effect" caused by the offense.. What has been "published" (one time) remains intact and is considered to have more "lingering effect" therefor potentially more damaging to the offended party as the publication remains available.. Where as something stated (one time) tends to change and become more distorted "from person to person" therefor much less credible in a civil action.. Keep in mind that these legal definitions were written and enacted long before we had the capability to detect "edited or altered video".. meaning that,, even publicly stated slander recorded on video was not considered admissible in a civil court action until more recent years,, making it even harder for the victim to prove they have suffered irreparable damage by the fraudulent claims.. Therefor, in both cases, the court considers the apparent degree of "irreparable damage" caused to the victim, as the bases of an award of "liability" for the offended party.. Anyone who finds themselves the victim of "defamation of character" by either means,, has the legal right to file a civil action for damages,, and thousands do every year.. However, unless "both parties" are considered to be well known in the public sector, the court will most often consider these cases to be "frivolous law suits" and kicks them out upon there first hearing.. It's not "fair, nor morally right" for anyone to be attacked with fraudulent and hurtful claims made by another,, but in a court of law it is considered to be an "unfortunate fact of social interaction" unless irreparable damage can be proven..... It's sad, but it's the world we live in... There will never be law's written, making it illegal to "lie" because the ability to lie, and the ability to "deny they have" is an essential function in running a government,, though they have many other words for it... "bad intel,, dis-information,, plausible deny-ability,, and so on....
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Post by friskers on Aug 19, 2009 22:31:04 GMT -5
Fromwhat I understand each state is different in there laws.heres on from ILL..... preview.tinyurl.com/mbwcbrsaperlaw.com/practice-areas/defamation-lawyers.phpAnd yes the proper term would be libel for written defamation. Apparently i dont know WTF im talking about LOL ;D But i have read a few cases of defation recently and i will try to find there links because thet are pretty interesting. One poor girl is getting sued for 50 G for talking on twitter about a moldy apartment! Someone else is getting sued for libel posting personal info on a 17 year old girl. Thre are new laws pertaining to youths 17 and under now called cyberbulling. Ill be back later!
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Post by friskers on Aug 19, 2009 22:37:12 GMT -5
friskers, I would never slander you, but I might say some interesting things about you.. ;D
Blue Skies........John" Interesting" EH?? Unless thats a compliment John you and your doggies keep your mouths shut! ;D ;D
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Post by rhorn2006 on Aug 20, 2009 0:48:30 GMT -5
Fromwhat I understand each state is different in there laws.heres on from ILL..... preview.tinyurl.com/mbwcbrsaperlaw.com/practice-areas/defamation-lawyers.phpAnd yes the proper term would be libel for written defamation. Apparently i dont know WTF im talking about LOL ;D But i have read a few cases of defation recently and i will try to find there links because thet are pretty interesting. One poor girl is getting sued for 50 G for talking on twitter about a moldy apartment! Someone else is getting sued for libel posting personal info on a 17 year old girl. Thre are new laws pertaining to youths 17 and under now called cyberbulling. Ill be back later! Yes Friskers,,,, your exactly right! The lawful boundaries of "defamation" are mandated by each state, to apply within that state alone... All I am saying is that "justice is blind" when the favorable side is winning,, but emerges with 20/20 vision to correct things, when the under-dog gets a legal foot-hold.. The fact is that, how a law is written seldom has much if any baring upon the out-come of a case.. The only time a case follows "the letter of the law" is when a skilled attorney is willing to stand up "on behalf of there client' and point out to a judge every time they sway from the written law, that "he/she is wrong!" and that does not happen unless the attorney wants to loose every case from that point on.. "One poor girl is getting sued for 50 G for talking on twitter about a moldy apartment!" I don't doubt that at all,, it's called a "scare suit" a common tactic meant to stop people from doing something, whether there right or wrong.. As often as possible, in a public way, so that others will not do it either.. There is a huge difference between "filing a civil suit" and "winning one." Think about it,, do the apartment owners think this poor girl has 50G's to hand them if they win?? She rented a "moldy apartment" to live in,, so she likely does not have or make any kind of real money to get, if they could win... Scare-Suits are filed then dropped when there purpose has been attained,, at a cost of about $30 to file one... In the mid 90's "Disney Jewelry" became a popular fad across the US.. (micky mouse, pluto, rings, and so on) Disney makes there own line of jewelery that wholesales at a higher than normal price for 10kt finished product,,, so a lot of knock-offs were being produced and sold by jewelry stores.. (I know this is a copy-right infringement,, but a good example of scare-suiting) Disney attorneys filed over 70,000 law suits against popular jewelry stores "who were not on there shipping list" in amounts of $350,000 and up.. Word spread to all jewelry stores, soon there after, there was no knock-off Disney jewelry in anyone's show cases,,, having achieved there goals, Disney dropped all law-suits.. "Someone else is getting sued for libel posting personal info on a 17 year old girl. There are new laws pertaining to youths 17 and under now called cyberbulling." I wont even get into this one.. When it comes to under-aged children,, a whole new set of laws apply, having nothing to do with the laws we were talking about, that apply to legal age adults.... Actually,, "posting personal info on a 17 year old girl" would fall under "willful & intentional endangerment of a juvenile" and about a dozen other federal and state criminal offenses.. A libel suit would be the least of this persons worries... It's just my take on it though....
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Post by friskers on Aug 20, 2009 22:01:38 GMT -5
Yes Rhorn your prob right in most everything youve said but I think we can agree that there are still laws and lawsuits even if they rarely win. Mostly I was trying to make a point to everyone here that bad mouthing a person and accusations are just wrong period. And that maybe people would give it more thought if they knew it could have legal ramifications. If it is a fact then thats different(JILL) .But what Ive seen so often here is opinions that people state as facts that are really ONLY opinions. I wasnt targeting Nick but honestly his accusations of MRF that did prompt me to start this thread but this has been an age old problem in the morgellons forums that Ive wanted to address for a very long time. I also was NOT saying anything to the efffect that MRF would sue.....i dont even have any affiliation with the orginization but honestly I am tired of seeing accusations towards them that are not based on fact but opinion only. Anyway I was accused of being a troll once and of selling products when I wasnt on a morg board out of someones paraniod beleifs my reputation got hurt and I tell you how bad that felt . Ive never ever sold products here or offlineEVER peroid! When you post something on the internet you may have thousands of people reading and if what your posting turns out to be wrong just think how that may have affected that person you accused of whatever, their reputation can be permantly mared ! Heres the links I was telling you about ........ www.dba-oracle.com/oracle_news/news_states_criminal_libel_web_internet.htmwww.stltoday.com/blogzone/st-louis-crime-beat/2009/08/17/st-peters-woman-charged-with-felony-harassment-for-fake-craigslist-post/all-comments/www.mahalo.com/craigslist-libelwww.switched.com/2009/07/28/critical-tweet-lands-chicago-tenant-in-libel-suit/Also I heard about a twitter case where someone badmouther there work and their employer found out and is sueing them. i cant seem to find that one.
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Post by rhorn2006 on Aug 20, 2009 23:21:34 GMT -5
I hear what your sayen darlen, and I know exactly what you mean...
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Post by friskers on Aug 21, 2009 0:40:42 GMT -5
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Post by friskers on Aug 21, 2009 14:57:27 GMT -5
Over the several years Ive been a member on many morg boards ive seen countless innocent people accused of being spys or working for the "other side" or being the mwatch guy , all kinds of false accusations on the MRF on and on......... Ive even seen our beloved JWF accused of evil things on another boeard because he likes blue skies ;D by someone who became overly paranoid of practically everyone. People think they are being followe by black SUVs because they have morgellons...... Another boeard is having alot of fighting going on and countless accusations of long term members being plants or working for the other side .Its become just rediculous. i realize people think they are helping when they accuse someone of doing something that hurts us but really its not ,it breeds fear and instills paranoia in people and hurts innocent peoples reputation s so before anyone starts accusing someone of something publicly please stop and think about it ...is it really a fact? Do you have 100 percent proof ? Now Ill probably get accused of being some kind of spy for posting his LOL ;D Ok Ive had my say , I think Im done unless anyone wants to talk to me about it more .
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Post by friskers on Aug 28, 2009 14:11:21 GMT -5
tinyurl.com/mb542vInteresting the judge outed the identity of a poster defaming another. maybe I should stop threatening to deball men as well before someone sues me LOL ;D
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Post by glennb on Sept 1, 2009 3:22:05 GMT -5
Perhaps you are referring to me complaining about Steve Frey's Troll like remarks quoted below that were directed at me.
"This is so fricken ridiculous, you know what glenn you bring nothing to this site but BS, this kind of crap is all you post, a bunch of conspiracy crap, why don't you spend your time at one of those conspiracy sites like Rense instead of here. "
Attempting to humiliate, ridicule or embarrass a poster into silence are typical troll techniques. Also name calling or identifying the poster with the lunatic fringe, or even worse as one of those "conspiracy nuts" (of course we all know there is no such thing as a conspiracy!)
Of course Friskers you are right I shouldn't have blatently called the sponge guy a Troll Disinfo Hired Gun. I was so irritated with his post I momentarily lost my head.
I merely should have warned him that if he didn't wish to be mistaken for a troll/disinfo/hired gun then he should not act like one. People could get the wrong idea.
I usually am careful to give Steve's threads a wide bearth as I know to post what I really think of his ideas will undoubtedly start a spat. If Steve thinks my posts are so ridiculous I suggest he not waste his time reading what I post as I certainly don't waste my time reading his. That way we can both enjoy our freedom of speech without getting in each others faces.
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Post by friskers on Sept 1, 2009 11:55:21 GMT -5
Oh my gosh glen b this post or thread waas NOT referring to you at all but I do have something to say about it ! First of all I was very upset with steve for the way he treated you and let him know I was. I "lost my head" with him myself over at the other board and it all stemmed from what he said here to you. I dont want to get into it because its forgiven and forgotton but i am empathizing with you because it happened to me to. Yes I agree you should NOT have acused him of being a hired disinfo guy or whatever you called him but I understand "losing your head" ..............so did I .I dont know that much about him but i surely dont think hes someone who against us, hes just passionate about his sponge theory . All this really is of no importance anymore now as he is no longer a member here. WE ALL need to try and RESPECT each others opionions even if we dont agree . It would elliminate 90 percent of any argueing that goes on here . I agree if you dont like someones veiws then dont read their posts or threads . If i see a thread that I know will upset me I just dont read it although sometimes temptation gets the better f me ;D
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Post by rhorn2006 on Sept 2, 2009 14:35:48 GMT -5
Friskers,,,, Please understand that I mean this in the best way.. I highly respect your opinions and you as a person.. When ever there seems to be people in dispute about morgellons and other things, you always speak up in defense of of the "accused offender" talking about forgiveness and turning the other cheek.. That's a rare ability "I truly admire you for having" but a lot of us do not have the ability or the willingness to do that.. Fighting is never a good thing, but when most of us feel intentionally attacked or offended,, we can't just turn the other cheek as easily as you are able to.. With you,, forgiveness is like a gift your always freely willing to give to others who most of us feel don't deserve.. With most of us, forgiveness is something that has to be earned by there actions,, not just given to them, even though it's the right thing to do.. Like I said "I highly respect and admire you for your opinions, and for you as a person" but your beliefs and ability's are rare.. Please try to forgive our shortcomings,, your never ignored in your advice to "forgive and forget" just understand that a lot of us have been burnt and cut upon so many times without reason,, that we just cant forgive or forget until they have earned it by there willful actions.. Who knows,, maybe someday the rest of us will be able to do it also,, but for now, it just is not possible... Thanks for trying though
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Post by friskers on Sept 3, 2009 0:01:09 GMT -5
Hi Rhorn I understand what you are saying completely. But what you don't understand about me is that forgiveness does NOT come naturally to me unfortunately its something that I have to continually work on. And when I feel wronged or hurt I don't take it lightly, I feel deeply. It may take me several days or weeks sometimes to really forgive someone . I pray to God often to help me with forgiving people. In fact because I have some sort of brain dysfunction that thoughts in my head get repeated over and over again it can be like some sort of torture for me when I am angry with someone because it gets intensified with every repeated thought. The reason I bring up forgiveness so often is a close friend of more than 20 years has always practiced forgiveness and it has been the number one most valuable and important spiritual lesson she has taught me. And I want to share that with everyone here what peace comes from being able to forgive. It doesn't mean you have to become friends with that person or even have any involment with them, sometimes its even a letting go of the person. So of course I understand that many arent able to forgive or even want to forgive . I don't hold that against anyone! But I will say that even if you don't think you are capable of forgiveness it is still possible ,it just might take some extra work and some prayers to God for some help.It works for me anyway!
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