Posted on 09/17/2004 12:57:11 PM PDT by aft_lizard
Dear DU trolls, today you guys have started an unsubstantiated rumor about a Mr Parlock and his family, I would like for you trolls to read this info packet about slander and libel and defamation of character:
http://www.ldrc.com/LDRC_Info/libelfaqs.html
What is Libel?
Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others. Libel generally refers to statements or visual depictions in written or other permanent form, while slander refers to oral statements and gestures. The term defamation is often used to encompass both libel and slander.
In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.
The statement(s) alleged to be defamatory must have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.
The statement(s) alleged to be defamatory must also be a false statement of fact. Since name-calling, hyperbole, or exaggerated and heated words cannot be proven true or false, they cannot be the subject of a libel or slander claim.
The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In general, in most jurisdictions private individuals must show only that the defendant was negligent, that he failed to act with due care in the situation.
A defamation claim will likely fail if any of these elements are not met.
While on many of these issues the burden of proof is on the plaintiff, the primary defenses to a defamation claim are that the statements are true, are not statements of fact, or are privileged. Some defamatory statements may be protected by privilege, meaning that in certain circumstances the interest in communicating a statement outweighs the interest in protecting reputation. For example, most, if not all, jurisdictions recognize a privilege for fair reports of government and judicial proceedings, and for reports of misconduct to the proper authorities or to those who share a common interest (such as within a family or an association). Privileges do vary somewhat from state to state in their scope and requirements. They often apply to non-media defendants to the same degree as to media defendants.
A successful defamation plaintiff may be entitled to a jury award of money damages. In some instances, the plaintiff may also be awarded punitive damages for particularly reprehensible conduct. The parties to the claim are entitled to appeal and cases are carefully scrutinized on review to protect the defendants First Amendment rights.
Defamation claims can be brought by living persons and legal entities such as corporations, unincorporated businesses, associations and unions that are considered "persons" under the law. Governmental entities cannot maintain actions for libel or slander, although a government official can bring suit for statements about the official individually.
Libel and slander are civil claims, but a handful of the states recognize an action for criminal defamation. Prosecutions are rare, especially against the media.
Under the American federal law system, defamation claims are largely governed by state law, subject to the limitations imposed by the free speech and press provisions of the First Amendment to the U.S. Constitution as interpreted and applied by the Supreme Court and other courts. While the elements of defamation are largely identical throughout the country, because defamation is a matter of state law there can be important differences on substantive and procedural details of the claim in the separate jurisdictions. And as a result of the application of First Amendment requirements to the claims, the specific elements as well as the burdens of proof with respect to those elements may be different depending upon whether the plaintiff is a public or private figure, whether the defendant is media or non-media, and the character of the statement(s) at issue.
yeah...right...and he knew it would get on Drudge...and he knew it would get here...and he knew that it would flood around the web (i don't know if its shown up on MSM or any of the cable networks)
Man this guy is even more devious that "svengali" karl rove...I am glad they are both on our side!
Can we get that into Webster's or whomever is responsible for decreeing such things?
I will lead the charge if I just know what way to vharge! :)))
Of course that picture they refer too, and then the union thug pic shows a rather impressive post teen years growth spurt.
let them send it off to the big news agencies it will only increase attention to the story and once it's vetted that the assailant was nothing more than just a union thug it'll blow up in there faces.
Are they stalking someone again?
Give me a break! If the creep had been her brother (or half brother), the little girl would have recognized him and said something! And how'd they get her to cry right on cue? Stupid DUmmies.
If ignorami congregate, the group is referred to a Pantload.
A Murder of Crows, a School of Fish, a Pantload of Ignorami.
A plop of democrats
A flush of trolls
a muscli of duers.
Well, I certainly think the guy who tore up the little girls sign was an ass. However, I also think the father should have known better than to use his little girl to try and make a political protest. I have many online conversations with liberals who have complained about Kerry people being excluded from campaign rallies because they show up with a Kerry T Shirt on or a Kerry Button or being removed from a Bush event, and I tell them I think the people who show up at a campaign rally to heckle and interfere with the event are assinine and deserve what they get. I would say the same thing about this republican showing up at a Kerry rally. If the Dad had been holding the sign, I'd say he got what he asked for, but since it was a little girl the Kerry Union Goon should have known better than to get involved. I don't think any parent should use a small child as a shield, which is what I think this particular Dad was doing.
Gary
and most laughable, they say the father looks like the union thug so it must be him.
ROFL. No wonder Kerry is losing with supporters like this.
"Now they try to slime the guy and his little girl, after attacking them? Just when you think people can sink no lower..."
Think back to Clinton. His response to ALL events was to call them accusations, and attack the victim.
Yes, it IS low to apply it to a 3yr. old girl!!
But remember all the women who tried to talk about Clinton's assaults upon and lies about them: they were ALL slimed by the Democrats and the liberals.
I agree, but that isnt the point. The point is the DUmmies are trying to propogate a hoax out of thin air based on reckless inuendo and bad guessing. They are calling into question not only this mans good name but also those that are related to him. Plus the union thug commited misdemeanor assault.
you chose the wrong son as the one being compared too, its the one in the grey sweater.
I saw their "proof" of Parlock's earlier incidents, and I didn't see anything except the fact that Parlock has twice before represented our side in a hostile crowd, and was attacked before by Democrats for it. If anything, their "proof" makes the Democrat mobs look mean and vicious.
Kerry Supporters Tear Up Bush-Cheney Sign, Make Little Girl Cry They can't get away with it anymore. Pajamahadeen Rule...
Their legs are getting tired of treading water by now.
god bless them for wasting their time and credibility by barraging the MSM with tis garbage.
Meanwhile Team Kerry shift the deckchairs on the Titanic one more time.
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