BC:"My defense rests solely on the truth of what I said."
Wrong. To avoid charges of slander or libel, you do not have to prove that your statements are true. You don't even have to prove that you didn't know they were false. The prosecution/plaintiff must prove that you acted deliberately and maliciously. No intent, no harm, no case.
PPS Jury Nullification?!?!?!
Yes. In your summations on this thread, you have played to the emotions of our imaginary jury, and you have offered everything but a coherent legal argument. The only way you could possibly win that case is if the jury ignored the law and voted on feelings. In a phrase, jury nullification.
I'm arguning the right to not be lied about...
There is no such right.
I could say, MindBender26, your mother has a bald head and a purple mustache. I don't know whether it's true or not. I don't care and I don't have to care.
If my lies cause you harm, you can sue me. Show how my lies harmed you. Specifically.
Be Well!
You too.
Are you citing NY Times v. Somebody? I have forgotten where that is now. Do we need “intent” or is reckless disregard enough? Certainly we don’t need anything akin to “criminal intent.”
Are you arguing the issue of malice? I certainly don’t have to show malice, and even if I have to show “intent,” or malice, I’ll bet I can get at least three of the 88 to testify about meetings, conversations, etc, where phrases such as “let’s get these bastards” were uttered.
re: malice. These three are not public figures, because, even though they were subject to much media attention, they did not seek it or any public attention.
I see the 88 as a house of cards, probably about 40 of them ready to throw everyone else to the wolves to get themselves off (most probably with p/o spouses), 40 “true believers” and 7 or 8 who had no idea what they were signing.
Re: specific harm. In a civil rights case, I’ll know it’s OTW, but I could argue “tainted something.” :~)
I would take it on contingency, with costs covered. Wouldn’t you?
Wrong. Slander and libel do not have to be deliberate or malicious to be actionable. Mere negligence is enough. In a society where there is a presumption of innocence, declaring someone guilty before a trial is at the least negligent.