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Judge rules being called homosexual is not libelous
Boston Globe ^ | 5/30/04 | Martin Finucane

Posted on 05/29/2004 9:33:41 PM PDT by freedom44

BOSTON (AP) A federal judge has ruled that stating that someone is homosexual does not libel or slander them, particularly in light of new court decisions granting gays more rights.

The ruling by U.S. District Judge Nancy Gertner came as she threw out a lawsuit by a former boyfriend of pop singer Madonna who claimed he was libeled because his name appeared in a photo caption in a book about Madonna under a picture of Madonna walking with a gay man.

''In 2004, a statement implying that an individual is a homosexual is hardly capable of a defamatory meaning,'' Gertner wrote in the ruling issued Friday.

Courts in other jurisdictions are split on whether stating that someone is a homosexual is defamatory, Gertner wrote in the 23-page opinion.

(Excerpt) Read more at boston.com ...


TOPICS: Culture/Society; News/Current Events; US: Massachusetts
KEYWORDS: homosexualagenda; lawsuit; prisoners
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1 posted on 05/29/2004 9:33:41 PM PDT by freedom44
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To: freedom44

But if you call a homo a homo that constitutes hate speech....


2 posted on 05/29/2004 9:37:44 PM PDT by freebilly (Vote Kerry-- 1 Billion Muslims Can't Be Wrong....)
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To: little jeremiah

Do that pinger thang!


3 posted on 05/29/2004 9:39:27 PM PDT by upchuck (With all due respect to my sister and her biting moose, cheese is milk's leap toward immortality.)
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To: freedom44

This judge may think -- or assert -- that being called a homo isn't slander, but she's an idiot if she thinks the vast majority of Americans think the same.


4 posted on 05/29/2004 9:57:27 PM PDT by Poundstone
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To: freedom44

Better not tell tom cruz. All over hollyweird actors and actresses have just had a bulls eye painted on their backs by the "outing" crowd.

It IS a slander and derrogatory. This judge is nutz.


5 posted on 05/29/2004 10:06:03 PM PDT by longtermmemmory (Vote!)
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To: freebilly

This really screws up hate crime speech laws.

(btw not again its a woman judge. Her background is suspect. Ladies can anyone shed some light? You have teh woman Mass SCJ, Ginsbert and OConner, and now this one. I have had my fair experience with the political leanings of women lawyers, almost to a one, democrat and very left of center.)


6 posted on 05/29/2004 10:11:55 PM PDT by longtermmemmory (Vote!)
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To: freedom44

U.S. District Judge Nancy Gertner is a homosexual.


7 posted on 05/29/2004 10:26:28 PM PDT by shempy (EABOF)
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To: freedom44

Does it still offend them if you call them a Faggot or Dike?

Its really getting tough being an outspoken Homophobe.


8 posted on 05/29/2004 10:39:12 PM PDT by Delta 21 (MKC USCG -ret)
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To: freedom44

Well she may not consider it defamatory, but I figure a jury will consider it "fighting words"...don't sue, kick buns...


9 posted on 05/29/2004 10:45:58 PM PDT by rolling_stone
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To: shempy

So is Martin Finucane, the Globe reporter.


10 posted on 05/29/2004 10:53:27 PM PDT by Piranha
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To: shempy

???!!!?!


11 posted on 05/29/2004 11:14:21 PM PDT by longtermmemmory (Vote!)
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To: Piranha

All reporters who cover the "homosexual beat" are homosexuals. Reporters know that to be labeled the homosexuality reporter is bad for the career.


12 posted on 05/29/2004 11:16:30 PM PDT by longtermmemmory (Vote!)
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To: freedom44

So is "salad tossing butt-munch" not libelous either???


13 posted on 05/29/2004 11:16:30 PM PDT by evolved_rage (Where they take an arm and a leg.)
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To: All

This is the type of thing the media will try to burry.

What about world net daily? newsmax?

"""Homosexual Federal judge says being called a homosexual is not derrogatory.""

This does prove the hypocracy of hate crimes. They just reworded the concept of Owellian Thought crime.


14 posted on 05/29/2004 11:21:30 PM PDT by longtermmemmory (Vote!)
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To: freedom44
What?

Where's I'm from, calling someone a homosexual is fighting words.

15 posted on 05/29/2004 11:25:15 PM PDT by Dan from Michigan ("Today we did what we had to do. They counted on America being passive. They were wrong.” - Reagan)
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To: Poundstone
At law, truth is a perfect defense against the assertion of slander.

Or, in plain English, if you call a faggot a faggot, and he it **is** a faggot, a tort action for slander by you against it cannot possibly succeed (unless, of course, the jury disregard both the law and the judge's instructions).

16 posted on 05/29/2004 11:44:23 PM PDT by SAJ (Buy 1 NGF05 8.00 call, Sell 3 NGF05 11.00 calls against, for $500 credit OB.)
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To: Dan from Michigan

That's a crime but its not insulting according to the doublespeak left.


17 posted on 05/29/2004 11:45:14 PM PDT by longtermmemmory (Vote!)
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To: freebilly
"But if you call a homo a homo that constitutes hate speech...."

What does a homo say to his partner if he doesn't want sex? Not tonight honey, I have a hemmorhoid?

18 posted on 05/29/2004 11:51:46 PM PDT by TheCrusader
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To: longtermmemmory

So questioning someone's manhood isn't derogatory?
Figues this decision came out of the Commonwealth of Mass.

Is this judge a dyke? (I think that is what shemp was asking)


19 posted on 05/30/2004 3:32:58 AM PDT by Voir Dire
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To: Dan from Michigan
Where's I'm from, calling someone a homosexual is fighting words.

Cawl me that again and O'wl thwap you thilly!

20 posted on 05/30/2004 4:03:29 AM PDT by metesky (You will be diverse, just like us.)
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