I don't think the slander laws are bad, they are neccesary. I am talking about societal norms here. If you don't notice the increase in litigation for trivial matters that occur in this country then I am sure you would support an expensive lawsuit like this one.
I knew a girl from High School who became a stripper and unfortunately I saw her in a strip-club in my younger days. I am sure she had gossip about her as well. She as 18 but do children need legal protection from gossip under age 18?
The Slander laws were meant to counter bald face lies about citizens, not to protect them from gossip. If this case develops into a ruling for her, expect hundreds of thousands of people suing for being unfairly portrayed by gossip.
Since that is ALL of us, it should be very interesting to witness.
Arioch7 out.
I get sued on a more then average basis, hell, I've even been sued by a burgler.
She as 18 but do children need legal protection from gossip under age 18?
Is it your position that under the age of 18 deserves absolutly no protection from slander laws?
If this was kid gossip, I'd probably say toss it, but this was done by a teacher to the students, with full knowledge of the harm that it would ensue. Is there any example of when a child could sue for slander? Even hypothetical? If she was a guy instead and a teacher claimed he was a rapist, would that be enough of a standard? I fail to see how having a rumor spread by a teacher that maligns somone, especially this vicious, by an authority (which implicity gave it credibility) would fail to meet the standard for litigation.
If this can not meet, then no child anywhere, can ever sue for slander for any reason.
The Slander laws were meant to counter bald face lies about citizens, not to protect them from gossip.
The burden will be on this child to prove that she's not a whore. If the teacher called her a whore, or led the class to believe she was, its a bold face lie. Its no different from telling the class, that this girl is also a pervert and/or a child molester if its untrue.
As a note, I do draw a difference between gossip and false statements. Gossip can be true, it can also be and often is rumors mangled along the way, they often do contain some elements of truth, but a total false statement, and this girl is going to sue claiming that, is liable.
And if somone sued me for lying about them, and doing so, knowing the harm it would cause, and damage, they would have the right to sue me, if they know I lied intentionally for the effect.
Let the court figure out if this was a case of intent or not, but the it looks like this little kid is going to say good ole teach lied.