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

Florida Bar Association ^

[Poohbah]

I don't sue people, I just dismantile them with logic.

Let me know if you ever do that.

[honeygrl]

Well, have you forwarded statements made by individuals on this forum to Felos, Schiavo, the ACLU, or any other parties that might be interested in suing the individuals?

[Pan_Yans Wife]

Turn the evidence over to L.E., but I doubt you have a smoking gun.

[Chancellor Palpatine]

No, I haven't.

[gdani]

I'm curious, Jim, if by moderating the boards you're an 'active publisher' (ie. a newspaper) as opposed to a 'passive publisher' (ie. an ISP), and thus more likely to be held responsible (for things that are libelous but for one reason or another are not removed)?

In the "early" days of the Internet, chat rooms, bulletin boards, etc courts definitely considered whether the person, etc responsible for the site engaged in editing, removing posts & so on. If they did, they were more likely to be held liable re: this issue of defamation, etc.

However, I have not researched the issue for a few years & I'm sure there have been many more courts & cases to have examined this point.

[Poohbah]

Nor would you need to.

[ruoflaw]

I thought he did work for freerepublic too

[Modernman]

Well, have you forwarded statements made by individuals on this forum to Felos, Schiavo, the ACLU, or any other parties that might be interested in suing the individuals?

Are we taking depositions now? What is he going to swear on to make this official? :-)

[mabelkitty]

Too difficult and costly to prove.

Say screen name "John Doe" was subpoened for comments he made on FreeRepublic. There is no proof that he did or did not type the words. Nobody can prove. John Doe can say he left his computer on, and he had nine people in his house.

Good luck with that one. They can threaten all they want, but if the RIAA can't make anti-piracy stick, some local ACLU unit isn't going to bother with this. No smart attorney would touch it with a ten foot pole.

[Chancellor Palpatine]

Don't tell me I have to dress up for this, too. Its a golf shirt day, and even though I keep an extra tie around the office for emergencies, that would look stupid....

[Lead Moderator]

No. Nor do I see it listed as breaking.

[onyx]

To: exmarine; Catspaw

I don't sue people, I just dismantile them with logic.

Let me know if you ever do that.

421 posted on 10/24/2003 1:01 PM PDT by Poohbah -----------------------------------------------------------

ROFLOL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Calpernia]

I was responding to another freeper, forgot who, that asked why we/I was assume this post was in reference to the Michael Schiavo case. If the Chancelor's post is in reference to something else, I didn't know.

But my reason for my assumption is here

[honeygrl]

lol, i just wanted to know. He seems too into this lawsuit thing.

[Mudboy Slim]

Thanks...MUD

[harrowup]

...it is up to him to prove he is not a blowhard in his eventual Internet lawsuit.

A random sample of any 10 of his mewlings would have the jury at his throat in seconds just on the grounds of reckless indifference to good taste and manners.

'course, I could be charged with egregious elucidation of the obvious.

[Poohbah]

Say screen name "John Doe" was subpoened for comments he made on FreeRepublic. There is no proof that he did or did not type the words. Nobody can prove. John Doe can say he left his computer on, and he had nine people in his house.

At which point, the case against John Doe for defamation will end, and a new case against John Doe for tortuously gross negligence will begin--and John Doe's testimony will be the sole exhibit needed to get a verdict against him.

[harrowup]

...it is up to him to prove he is not a blowhard in his eventual Internet lawsuit.

A random sample of any 10 of his mewlings would have the jury at his throat in seconds just on the grounds of reckless indifference to good taste and manners.

'course, I could be charged with egregious elucidation of the obvious.

[Qwinn]

I couldn't read all 415 posts of this, just a few pages... but I'd love to be sued for defamation in the Schiavo case. Not only do I believe I'd get a dozen good lawyers willing to defend me pro-bono (they're not all scum), I would thoroughly enjoy the discovery. It would be the chance to finally expose all the facts in this case to public view.

Qwinn

[Pan_Yans Wife]

You are missing the point.

It doesn't have to be proven. All that needs to happen is for the ACLU, which has teamed up with Schiavo and Felos, to help them launch mulitple lawsuits against FR and many Freepers all at once.

This legal harassment would cause great harm to the posters, and embroil them in legal battles that would keep them busy for years. A very effective ploy, and as Calpernia has mentioned, she thinks Schiavo's people have started to do this to her.

This will then quiet down the FR supporters of Terri Schiavo. Felos and Schiavo's bone of contention is the fact that the grassroots effort brought in the legislature and governor, they didn't want that to happen.

Keep in mind that the Democratic powers that be have already taken down Bennett and Rush. FR is a legitimate target for them. And I am certain that the Democrats in Florida have not forgotten the 2000 election, and want payback, even if they just achieve it incrimentally. The Democrats would support Felos and Schiavo.