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To: ansel12

Indeed. This is a public forum.

A court of law, on the other hand, can handle issues of defamation.


California Defamation Law

Note: This page covers information specific to California. For general information concerning defamation, see the Defamation Law section of this guide.

California Elements of Defamation

Defamation, which consists of both libel and slander, is defined by case law and statute in California. See Cal. Civ. Code §§ 44, 45a, and 46.

The elements of a defamation claim are:

publication of a statement of fact
that is false,*
unprivileged,
has a natural tendency to injure or which causes “special damage,” and
the defendant’s fault in publishing the statement amounted to at least negligence.
Publication, which may be written or oral, means communication to a third person who understands the defamatory meaning of the statement and its application to the person to whom reference is made. Publication need not be to the “public” at large; communication to a single individual other than the plaintiff is sufficient. Republishing a defamatory statement made by another is generally not protected.

*As a matter of law, in cases involving public figures or matters of public concern, the burden is on the plaintiff to prove falsity in a defamation action. Nizam-Aldine v. City of Oakland, 47 Cal. App. 4th 364 (Cal. Ct. App. 1996). In cases involving matters of purely private concern, the burden of proving truth is on the defendant. Smith v. Maldonado, 72 Cal.App.4th 637, 646 & n.5 (Cal. Ct. App. 1999). A reader further points out that, even when the burden is technically on the plaintiff to prove falsity, the plaintiff can easily shift the burden to the defendant simply by testifying that the statements at issue are false....”

http://www.dmlp.org/legal-guide/california-defamation-law


80 posted on 01/24/2015 3:54:36 PM PST by Pikachu_Dad (Impeach Sen Quinn)
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To: Pikachu_Dad

Cosby should have used his 400 million dollars and permanent teams of lawyers to destroy these dozens of women that you despise, rather than let them speak of him as a serial rapist for all these years, and settling out of court with one of them who claimed to have been drugged and raped by him, and who brought forth 13 more Cosby victims.

The man who is famous for his image as “America’s Dad” settling claims out of court as a serial rapist, and allowing dozens of women to make related claims, yet without destroying them, this is sure more damning than the evidence against your other rapist, Bill Clinton.


81 posted on 01/24/2015 6:28:44 PM PST by ansel12 (Civilization, Crusade against the Mohammedan Death Cult.)
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