"The post I was making gets to both liability and damages - people spreading wild statements on the internet as fact without checking them out or having firsthand knowlege, followed by phone calls, emails and faxes (many of which were based on or even contained portions of those wild tales) to the governor and legislators of Florida, who used that information to act in a manner contrary to the legal rights and interests of Michael Schiavo. That doesn't even mention the effect of the bad info bandied about regarding Felos, Greer, experts, conspiracies, UFOs and the Devil's Triangle."
667 posted on 10/24/2003 5:24 PM EDT by Chancellor Palpatine
In regard to the post in question, yes, I think Chancellor Palpatine is distressed that FReepers succeeded in gaining the attention of Florida government officials, who passed Terri's Law in response to thousands of faxes, emails and phone calls expressing concern and outrage; our activism, as you said.
However, I disagree with CP that Michael Schaivo's rights were violated by the passage of Terri's Law, and his belief that "wild tales" told by FReepers resulted in passage of an unconstitutional law.
Terri's case is unique in that she left no written directive specifying a wish to have a feeding tube and hydration removed should she become disabled; her husband and her family hold opposite views about her wish to ever be starved and dehydrated to death; and her husband and her family hold opposite views about her level of awareness, and the circumstances of her initial injury.
Until Jeb Bush intervened, Michael Schaivo had succeeded in getting a death sentence passed based on disputed hearsay evidence, with the help of favorable rulings by Judge Greer which deprived Terri of her rights. She was deprived of a guardian ad litem, she was deprived of basic medical care, rehabilitation therapy, family visitation and Last Rites, all on orders from Michael Scaivo, who has sole control of her fate, and a vested interest in seeing her dead.
Aside from the separate issue of her disputed wish to having nutrition and hydration removed, Schaivo seems to have demonstrated a lack of concern for Terri's rights as a disabled person, in violation of laws designed to protect those rights.
Schaivo has treated Terri as chattel, with the help of Greer, whose rulings ignored the Scaivo's vested interest and possibly suspect motives.
Gov. Jeb Bush has an interest in seeing that no resident of Florida can be put to death by a probate court judge, based on disputed hearsay evidence. When civil litigation can be used to apply a death sentence, in a manner which would be ruled illegal if applied to a convicted murderer ("cruel and unusual punishment," hearsay evidence) there exists an inequity in application of law (civil vs. criminal) which calls for government intervention.
Jeb Bush did not cave in to "wild tales" from overly-emotional FReepers. There is a need for review of the process utilized by Schaivo and Felos which led to her death sentence being passed, against the wishes of her family and quite possibly against the best interests of Terri Schaivo.
Terri is entitled to equal protection under the law. When an injustice occurs, or is in the process of occurring, the Governor is empowered to exercise his authority to prevent the injustice. His intervention was proper and I believe Terri's Law will be upheld, Chancellor Palpatine's warnings notwithstanding.