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To: OldDeckHand
Libel is NOT NOT NOT protected by the 1st amendment.

Defamation of character is the communication of false information stated as a fact which brings harm to an individual or an entity, such as a business, group or government. For it to be defamation, the statement must be delivered in speech or in writing to at least one person other than the victim.

Libel is the defamation of an individual's or an entity's character which is published in a written medium, such as a newspaper. However, any written communication can be libelous as long as it's transmitted to a third party.

Internet searches are now routinely done by hiring businesses, associations, and colleges before an applicant is accepted. Even if the Facebook page was taken down, there is a better than even chance that the information (especially the pictures) have be copied and distributed across the internet.

What happens when a hiring company or college does an internet search on her name, and what seem to be genuine explicit photos of her show up? Do you think she'll get that job or be accepted to that private college?

Darn right she has been harmed.

90 posted on 02/23/2011 12:53:23 PM PST by Brookhaven (Moderates = non-thinkers)
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To: Brookhaven
You must not have read the entire thread before posting your comment. I was speaking in the context of the criminal prosecution. Sure, what they said might be actionable civilly - by the person who was alleged defamed - but not criminally, at least not in this country.

Unlike some European countries, libel and defamation of character are not criminal offenses. The moment the government starts criminalizing distasteful speech, is the moment the fascists have won.

91 posted on 02/23/2011 1:04:33 PM PST by OldDeckHand (So long as we have SEIU, who needs al-Qaeda?)
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