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Take heed folks - hiding behind screennames will not defeat a Federal subpoena.
1 posted on 10/24/2003 10:14:41 AM PDT by Chancellor Palpatine
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To: Catspaw; Greybird; onyx; ambrose; PhiKapMom; TheAngryClam
ping!
2 posted on 10/24/2003 10:15:24 AM PDT by Chancellor Palpatine
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To: Chancellor Palpatine
Superb and much needed post. Take heed people and FR.
4 posted on 10/24/2003 10:19:45 AM PDT by onyx
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To: Catspaw; Greybird; onyx; ambrose; PhiKapMom; TheAngryClam
Here is an opinion made in employment matters, but somewhat applicable here.To defeat a qualified privilege, a plaintiff must show malice in fact or express malice. Express malice in Florida is ill will, hostility, or evil intent to defame. Disseminating defamatory information to too wide of an audience also can defeat a qualified privilege. So, in a recent Florida case, a jury was called upon to decide whether an employer's qualified privilege continued to exist where the employer made a false statement to over 20 employees who had no “need to know.”
5 posted on 10/24/2003 10:19:55 AM PDT by Chancellor Palpatine
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To: Pan_Yans Wife
ping
6 posted on 10/24/2003 10:22:05 AM PDT by Pan_Yans Wife (You may forget the one with whom you have laughed, but never the one with whom you have wept.)
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To: Chancellor Palpatine; Jim Robinson
hiding behind screennames will not defeat a Federal subpoena

I think Jim Robinson has stated in the past that even if under subpoena he would NEVER reveal identifying confidential information about individual FReepers.

And posting legal threats like this should be carefully considered by Jim Robinson as an open threat against Free republic itself and an attempt to stifle pro-life views contrary to your own sick views.

And if you are a lawyer, that should weigh even more against you in Jim Robinson's evaluation of these attempts to censor views with which you disagree.

But I feel certain you're taking names anyhow.

You working for the ACLU or Attny Felos himself?

7 posted on 10/24/2003 10:22:46 AM PDT by ckca
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To: Chancellor Palpatine
In my opinion...Michael Schiavo is a lying, murderous, money-grubbing, hypocritical, evil-through-and-through bag of festering pus. If he or his evil lawyer want to take me on, let 'em try. But fair warning...the only ones they usually try to take out are the weak and sick. I'm 6'3", 230 pounds, healthy, and I hit back. Hard.
11 posted on 10/24/2003 10:25:22 AM PDT by TheBigB (Remember ladies...spandex is a privilege, not a right.)
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To: Chancellor Palpatine
I can call anybody I choose a murderer, and they can do the same.

For it to be libelous, I would have to know it to be false.

20 posted on 10/24/2003 10:33:38 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: Chancellor Palpatine
Read later.
28 posted on 10/24/2003 10:41:57 AM PDT by OXENinFLA
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BTTT
35 posted on 10/24/2003 10:44:45 AM PDT by StriperSniper (All this, of course, is simply pious fudge. - H. L. Mencken)
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To: Chancellor Palpatine
Take heed folks - hiding behind screennames will not defeat a Federal subpoena.

No way in hell Shiavo would sue - it would open him up to discovery.

36 posted on 10/24/2003 10:45:07 AM PDT by dirtboy (Now in theaters - Howard Dean as Buzz Lightweight - taking the Dems to Oblivion and Beyond in 2004!)
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To: NYer; MarMema
Take a gander at this.
39 posted on 10/24/2003 10:46:33 AM PDT by B Knotts
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To: Chancellor Palpatine
Schiavo is an adultering, insurance scamming liar who is in the process of murdering his wife.

55 posted on 10/24/2003 10:51:26 AM PDT by Bikers4Bush
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To: Chancellor Palpatine
Hmmm, I guess Schiavo and Co. can't handle the truth being discussed. Piss off.
61 posted on 10/24/2003 10:53:38 AM PDT by dougherty (Borders, Language, Culture)
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To: Tribune7
ping--a lesson in libel law.
78 posted on 10/24/2003 11:01:06 AM PDT by Temple Owl
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To: Chancellor Palpatine
Are you trying to change my opinion that Michael and his henchmen are evil? If so, it won't work. Truth hurts, doesn't it?
86 posted on 10/24/2003 11:04:08 AM PDT by Dixielander
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To: Chancellor Palpatine
Here, let someone else tell the jokes at http://www.lawyer-jokes.us
102 posted on 10/24/2003 11:12:16 AM PDT by hardhead (He Must Increase; I Must Decrease)
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To: Chancellor Palpatine
Take heed folks - hiding behind screennames will not defeat a Federal subpoena.

Why do you talk about Florida Law, then about a federal subpoena?

103 posted on 10/24/2003 11:12:29 AM PDT by Always Right
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To: All
WHAT CAN YOU DO TO PROTECT YOURSELF FROM BEING ACCUSED OF LIBEL?


Truth is always a defense. That's because one of the things a plaintiff must prove is that it was a false statement. So, check the veracity of any information you publish on the Internet which may be damaging to the reputation of others.

Quote testimony from judicial or legislative proceedings.

Express your opinions pertaining to ongoing debates or public issues without resorting to undisclosed defamatory facts. If you disagree with someone, don't attack him/her personally. Simply disagree without becoming personally vicious and avoid ridiculing one personally.

If you criticize or poke fun at a public figure make sure that it is not done with Malice. That means you do not have knowledge of the falsity of what you are writing and you didn't totally disregard the truth.

Don't relay damaging information created by others without verifying the facts supporting it. It's not a defense that you are simply relaying someone else's Libelous statement because merely publishing a third party's Libel will make you guilty of Libel too.

If you are in the business of relaying information from others which could be Libelous, consider getting insurance coverage for Libel or setting up an asset protection entity such as a corporation or Limited Liability Company to publish your newsletter or bulletin board.

CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?

In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.

WHAT ARE THE DEFENSES TO A LIBEL CLAIM?

There are three main defenses to a libel claim (other than asserting that it never happened or that you were never involved):

The first is claiming, and proving, that the statement was privileged (and thus not public). Only certain professions (doctors, lawyers, psychologists), or individuals (chiefly your spouse) can maintain that privilege; and if any non-privileged third party was part of the communication, the privilege is broken. (Employees of a professional are only partially covered, to the extent that you needed to use them to contact the professional. Don't expect to tell your deepest, darkest secret to your attorney's secretary, and maintain that privilege.)

The second defense is claiming, and proving, that the statement is true, for "truth is an absolute defense".

The third defense is claiming, and proving, that the statement was an opinion, not an assertion of a fact. Since this last defense is only as good as the weakest or worst, but still reasonable, misinterpretation, it's not one you really want to rely on. There's a world of difference between saying "I think he's a crook," and "he's a crook". Especially if a third party might inadvertently leave out the first two words when passing your message on.

CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?

In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.


110 posted on 10/24/2003 11:14:58 AM PDT by stainlessbanner
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To: Chancellor Palpatine
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. In other words, the fact that the statement was false is not enough to recover for defamation.

So, what is your point?

119 posted on 10/24/2003 11:17:40 AM PDT by hobbes1 ( Hobbes1TheOmniscient® "I know everything so you don't have to" ;)
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To: Chancellor Palpatine
Based on many months of reading your posts, I have drawn a general conclusion about your heritage, level of intelligence and personality, but far be it for me to state them here after having had your timely warning.
123 posted on 10/24/2003 11:18:32 AM PDT by Old Professer
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