[Poohbah]

Do you know they are impoverished?

My understanding from the posts here is that the Schindlers have pretty much lost most of their assets pursuing this case.

Besides, if you are seeking to clear your good name, the assets of the offending party don't matter at all.

I thought the word was that Schiavo isn't interested in his good name, only the money.

Of course, if Mr. Schiavo were to sue Mr. Schindler, he would have to make public a lot of information he is now keeping secret and he would have to attempt to prove what Mr. Schindler said was untrue.

Actually, the reverse is true on some of the more lurid charges being thrown out. Otherwise, someone could post a billboard in your hometown calling you a homosexual pedophile, and you would have ZERO ability to prosecute the case in court--because you cannot prove a negative assertion (i.e., you can't prove "I am not a homosexual pedophile" as a conclusive fact). Essentially, the defendant would have to prove that you ARE really that vile and odious.

[nickcarraway]

I thought the word was that Schiavo isn't interested in his good name, only the money.

You may be right, but do you really think that Schiavo can make money by lawsuits against anyone who said or posted something to him?

Besides, how can he go after someone who posted something on a web site, if he doesn't go after Mr. Schindler who made the allegations on the national media? How could he reasonably argue that such posts caused damages, but not the Mr. Schindler?

[nickcarraway]

The difference being this involves a very specific occurence with regards to his wife, not an open-ended one like your example. Plus, in an attempt to prove such, the defense could subpoena a lot of things that aren't open now.