DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed]

Florida Bar Association ^

[Chancellor Palpatine]

George Felos can talk about reputation, as can Greer and some of their experts. Michael Sciavo can tlk about reputation, and can point to the governor of Florida and most of the GOP reps, while filing a copy of the bill as "Exhibit A". Need I mention that all that legislative mail and the legislative and executive email servers will be available in the discovery process? Thus any of those communications that make reckless and wild allegations will also be thrown into the mix.

[John Beresford Tipton]

"You must show/prove how you were damaged by the statement in question."

Some statements are said to be libelous "per se", and in those cases, damages are presumed, and a jury gets to set them. All cases of saying someone commited a crime, that an unmarried woman is a whore, or that someone has a loathesome disease are in this class.

[Chancellor Palpatine]

Thats because I try to stay away from crime threads - those are always the meanest things on this site.

[ckca]

He has said this in the past, of that I am certain.

Whether that is still his policy is the question.

[Pan_Yans Wife]

What is so interesting about this thread, is that I suspect such tactics have been looked into. You suspect Palpatine. I have no way of knowing what his intentions are, never crossed him, that I recall.

However, I do think the Schiavo threads are very passionate, and that if Schiavo has the assistance of the ACLU, he could make life really difficult for some people. I truly think he would do such a thing.

My goodness! Look what his poor wife and her parents have gone through for the past thirteen years!

[tracer]

"Has anyone ever been successfully sued for a comment made over the internet on a message board or discussion group?"

"Successfully" is the operative word. Proving long-distance intent and malice most often is problemmatic. And just how serious would be the "damages" inflicted by one person's "ventilating" chatter about a stranger amid the vast expanses of cyberspace.

Not to mention the tandem problems of "winning" such a lawsuit in the real world of today, namely "collecting" the judgement -- and living long enough to cash the first check.

Such realities serve to keep prudent people "honest" with respect to that which one might construe to be "abuse of process".....

[dougherty]

If Schiavo and Co. ever decided to sue FR for libel he'd have to take a number and stand in line. Osama, Saddam and the French would have first dibs.

[Chancellor Palpatine]

Gut feeling? No. It would be the domicile of the estate that controlled.

[jwalsh07]

Vote for conservative republicans so they can legislate tort reform and make frivilous plaintiffs pay damages to the defendants.

[Warren_Piece]

Thats because I try to stay away from crime threads - those are always the meanest things on this site.

But you said you are only trying to PROTECT Freereupblic

If so, why wouldn't you post a libel warning on the "meanest things on this site"?

HHHMMMMM??????

[FreeReign]

[Chancellor Papatine]:Nope. He doesn't get elevated to the status of a public person just because he hit media notoriety as a result of the defamation. Besides, even if he were, its still actionable.

[From the Article]: If the statement is made about a public official - for example, a police officer, mayor, school superintendent - or a public figure - that is a generally prominent person or a person who is actively involved in a public controversy, then it must be proven that the statement was made with knowledge that it was false or with reckless disregard for whether the statement was true or false.

I'd say, he is NOW a generally prominent person and he is actively involved in public controversy. Read the article.

[Catspaw]

Certain developers & corporations are fond of suing (with no just cause) just to bankrupt the opposition. They're known as SLAPP suits (Strategic Lawsuits Against Public Participation) -- not a legal term, just a slang-type term.

Yup, I've seen 'em. File the lawsuit, keep the subpoena servers busy, endless demands for documents and other discovery, non-stop depositions....just wear the other side into the ground by litigation.

[exmarine]

The State of Florida can't make me do anything.

[Chancellor Palpatine]

You'd say - but that wouldn't be your call to make. he isn't a public figure.

[John Beresford Tipton]

"legislate tort reform and make frivilous plaintiffs pay damages to the defendants."

What a good idea, think Saundra Duffy will agree?

[Pan_Yans Wife]

Like the Church of Scientology... and they have been VERY successful. Even if they don't win every case they file, they wear down the defendants and silence the critics.

[bvw]

Great. Then have at it. For that kind of "petitioning" is exactly what the First Amendment was designed and demanded to protect. And since you, lawyer, have suggested by your posts that this petitioning can somehow be impaired ... why then "Bring it on!" We all need to have this fight.

[Catspaw]

The State of Florida can't make me do anything.

No, but if the suit's filed in federal court and you're named as a party, US Marshals will become your best friend.

[Spok]

I can't speak for Florida, but in most states it is also a defense if the alleged defamatory remarks took place in the context of parody or satire-political cartoons, SNL, etc.

[Porterville]

I'd just ask Jeb for a pardon.