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To: harpu

She should be disbarred, because you CAN’T get arrested for defamation, it is a civil trial.


2 posted on 03/10/2012 3:03:56 PM PST by omega4179 (Internet ID:FU░&#BO)
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To: omega4179
Actually, Allred has found this obscure Florida Statute to attempt her harassment of Rush with.
8 posted on 03/10/2012 3:10:23 PM PST by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: omega4179
She should be disbarred, because you CAN’T get arrested for defamation, it is a civil trial.

Some states recognize criminal defamation as well as civil defamation. Florida is one of them (Fla. Stat. 836.04). The statute dates to 1883 (I'll repeat that: 1883). A lawyer from Florida may be able to tell us, but I would be stunned if this statute is actually applied in Florida even though it's on the books.

The statute says:

"Whoever speaks of and concerning any woman, married or unmarried, falsely and maliciously imputing to her a want of chastity, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

Apparently, under the statute, 'chastity' must not mean 'virginity,' because it applies to statements made about married women, too. That suggests the fact the woman isn't a virgin doesn't set up a 'truth' defense - and truth is normally a defense to a claim of libel. I can't find a Florida case interpreting the statute, what 'want of chastity' means in the statute, or whether lack of virginity is a defense.

Violation of the Florida statute is punishable by up to a year in jail (s. 775.082) or up to $1,000 fine (s. 775.083).

I'm just stating the law; apply it based on your own understanding of the facts. The problem with stating the law is that some posters become appellate attorneys and start arguing with you about how the law applies to the facts and how the law ought to be changed. I'm not here to do that.

55 posted on 03/10/2012 5:30:17 PM PST by Scoutmaster (You knew the job was dangerous when you took it)
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To: omega4179

Does anyone know if SNL is a new one tonight? Picture a skit about Gloria.


56 posted on 03/10/2012 5:30:22 PM PST by Mountain Mary ("This is OUR country and WE will decide"... Mark Levin)
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