866 posted on 10/24/2003 3:45 PM PDT by dubyaismypresident (demonstrating absurdity with absurdity) [ Post Reply | Private Reply | To 864 | View Replies | Report Abuse ]
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Post a picture of herself?
:)
Posted on 10/24/2003 10:14:40 AM PDT by Chancellor Palpatine
Edited on 10/24/2003 12:02:17 PM PDT by Lead Moderator. [history]
DEFAMATION -- LIBEL AND SLANDER
The First Amendment to the Constitution provides a broad right of freedom of speech. However, if a false statement has been made about you, you may have wondered if you could sue for defamation.
Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage. Libel is defamation by the printed word and slander is defamation by the spoken word.
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. In other words, the fact that the statement was false is not enough to recover for defamation. On the other hand, if the statement was made about a private person, then it must be proven that the false statement was made without reasonable care as to whether the statement was true or false.
There are a number of defenses available in a defamation action. Of course, if a statement is true, there can be no action for defamation. Truth is a complete defense. Additionally, if the statement is an expression of an opinion as opposed to a statement of fact, there can be no action for defamation. We do not impose liability in this country for expressions of opinion. However, whether a statement will be deemed to be an expression of opinion as opposed to a statement of fact is not always an easy question to answer. For example, the mere fact that a statement is found in an editorial is not enough to qualify for the opinion privilege if the particular statement contained in the editorial is factual in nature.
There is also a privilege known as neutral reporting. For example, if a newspaper reports on newsworthy statements made about someone, the newspaper is generally protected if it makes a disinterested report of those statements. In some cases, the fact that the statements were made is newsworthy and the newspaper will not be held responsible for the truth of what is actually said.
There are other privileges as well. For example, where a person, such as a former employer, has a duty to make reports to other people and makes a report in good faith without any malicious intent, that report will be protected even though it may not be totally accurate.
Another example of a privilege is a report on a judicial proceeding. News organizations and others reporting on activities that take place in a courtroom are protected from defamation actions if they have accurately reported what took place.
If you think you have been defamed by a newspaper, magazine, radio or television station, you must make a demand for retraction before a lawsuit can be filed. If the newspaper, magazine, radio or television station publishes a retraction, you can still file suit, but your damages may be limited. Unless the media defendant acted with malice, bad faith or reckless disregard for the truth or falsity of the story, you can only recover your actual damages. No punitive damages can be assessed in the absence of these elements.
An action for libel or slander must be brought within two years of the time the statements were made. If you wait beyond this two year period, any lawsuit will be barred.
Libel and slander cases are often very complicated. Before you decide to take any action in a libel or slander case, you should consult with an attorney. An attorney can help you decide whether you have a case and advise you regarding the time and expense involved in bringing this type of action.
(updated 12/01)
I said if you wanted me to do research for you during a World Series game--and I haven't missed a World Series since around 1956--I'd charge you for it. You didn't pay up--but I did give you a freebie anyway, just because I'm sweet.
Lawyers Evil (Kill)(Shakespeare)/Britney Spears=Stabs(barrister)
Way to go -- see 878
866 posted on 10/24/2003 3:45 PM PDT by dubyaismypresident (demonstrating absurdity with absurdity) [ Post Reply | Private Reply | To 864 | View Replies | Report Abuse ]
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Post a picture of herself?
:)
Why do you keep asking Castpaw (who's Catspaw?) these questions? Jim has already stated at least twice that OPH never did any work for FR and that he doesn't know him. I stated plainly in post #648 that OPH offered some pro bono legal advice to the Network when it started up, but soon thereafter we engaged a DC attorney and firm with experience in non profits who is our attorney of record. Since that time, we have not asked OPH for advice and none has been offered.
When you have facts on your side, pound the facts. When you don't have facts on your side, pound the table
god backwards is dog. live backwards is evil. the florida flower lives because god answered prayers from his flock. "He that is wise will hear, and will increase learning; and the intelligent will gain wise counsels: " Proverbs 1:5
the evil dogs lift their legs towards the florida flower whose plight is seen by god. "That which is crooked cannot be made straight; and that which is wanting cannot be numbered." Ecclesiastes 1:5
What does this mean?
I dunno.
Ask f.
Nice try, but no cigar. Chancellor Palpatine has posted what appears to be threat to many. Many believe, including me, that CP was also known as One_Particular_Harbour, a particularly odious poster whose testosterone level seemed to be out of whack. At one time he was close to FRN and some of their early tempests. If CP is in fact the old OPH then it is important to know that and explain why all of his posts were deleted...at his request according to his temporary pals at LP.
Why is it important?
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