Posted on 06/12/2002 10:32:54 AM PDT by Just another Joe
One could just as easily "prove" that breathing causes cancer.
Howdy everyone:
this is effective......... yesterday I tried to download NY State statutes in the criminal code looking for criminal defamation statutes.(without success) The bald faced lie that smokers murder thousands of non smokers every year fits the criteria for violation of this state law that exists in every state.The law includes individuals or groups of people that are singled out by any matter for disgrace ridicule and contempt by the general public as a result of the defaming matter is usually a gross misdemeanor.
Our civil law obligates the police department and the county attorney of the jurisdiction where the defamation takes place to investigate and prosecute the slanderers.
You do not need an attorney, one just needs to file a police report of the incident, Newspaper ad Radio ad or any matter used violates the civil rights of the citizen.
If a county attorney is playmates with the antis and refuses to investigate, because this is a statutory law one may complain of denial of civil rights for equal protection under the law.
Remember that no one in the U.S has made this challenge to the criminal defamation statements made by the anti's that make the mistake of believing they are above the law.
Make our laws work for us ,file a police report the next time you feel the sting of ridicule and contempt by the lies told about second hand smoke. We have been too accommodating for too long, Demand equal justice.
If you question the source, which it is always wise to do, follow the facts and find out for yourself. For every argument I put forth, I have at my fingertips the proof behind it. Unlike those who parrot the anti-smoker line.
Now, some of the more blatant and criminal speech, such as calling smokers "murderers", may not be protected. But, this may just lead to the stifling of more speech.
I always include in my resume':
I am a social leper.
I kill my children.
I kill my co-workers.
I'm still unemployed.
PUFF!
FMCDH
But isn't that the purpose of defamation laws? If you cause someone harm by defamatory speech, you must desist and/or pay a consequence?
It just occurred to me, though, that there might be great difficulty in proving harm; I'm not sure how it would be quantified.
In Maine there is this statute which sounds interesting:
Chapter 19: FALSIFICATION IN OFFICIAL MATTERS §451 - §457
§456. Tampering with public records or information
1. A person is guilty of tampering with public records or information if he:
A. Knowingly makes a false entry in, or false alteration of any record, document or thing belonging to, or received or kept by the government, or required by law to be kept by others for the information of the government; or [1975, c. 499, § 1 (new).]
B. Presents or uses any record, document or thing knowing it to be false, and with intent that it be taken as a genuine part of information or records referred to in subsection 1, paragraph A; or [1975, c. 499, § 1 (new).]
C. Intentionally destroys, conceals, removes or otherwise impairs the verity or availability of any such record, document or thing, knowing that he lacks authority to do so. [1975, c. 499, § 1 (new).] [1975, c. 499, § 1 (new).]
2. Tampering with public records or information is a Class D crime. [1975, c. 499, § 1 (new).]
Sounds like section B could be used against every lying Health Department in the state.
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