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To: TommyDale
Would you please stop acting as though you know something about defamation cases? It is tremendously irritating to those of us who do. Yes, TommyDale, the term is "defamation." Not "libel." Not "slander." It's all "defamation" now, and failing to use the word "alleged" here does not rise to the level of defamation.

Anything else you need to know about it this morning?
196 posted on 05/31/2003 7:20:08 AM PDT by Hillary? Hell no!
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To: Hillary? Hell no!
Would you please stop acting as though you know something about defamation cases? It is tremendously irritating to those of us who do. Yes, TommyDale, the term is "defamation." Not "libel." Not "slander." It's all "defamation" now, and failing to use the word "alleged" here does not rise to the level of defamation.

Thanks for the clarification.

205 posted on 05/31/2003 7:23:39 AM PDT by Catspaw
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To: Hillary? Hell no!
Libel, defamation, whatever. Rudolph is still innocent until proven guilty. Those who write, say, publish, or post that he is "the bomber" are showing their own stupidity. He is the suspected bomber.
253 posted on 05/31/2003 7:49:56 AM PDT by TommyDale
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To: Hillary? Hell no!; TommyDale
Tommy Dale [168 - to Catspaw]: "Go ahead and write as though he is guilty -- you are opening yourself up to a libel case."

Hillary? Hell no! [post 196]: "Would you please stop acting as though you know something about defamation cases? It is tremendously irritating to those of us who do. Yes, TommyDale, the term is "defamation." Not "libel." Not "slander." It's all "defamation" now, and failing to use the word "alleged" here does not rise to the level of defamation."
____________________________________________________________

What is it with you, Hillary? Do you specialize in being dead wrong?

If somebody is defamed in writing on the internet and his grievance satisfies legal criteria as outlined below, he has grounds to sue for libel arising from defamation. Contrary to what you have so dogmatically and falsely stated, it is very much about libel.

From the law website of David Potts, prominent libel lawyer -- he makes it quite clear that defamation in writing on the internet is the very definition of "cyberlibel" and that such definition may even extend to online visual representations other than writing.

From Findlaw Legal Dictionary --

    libel

    ['li-bel]

    Anglo-French, from Latin libellus, diminutive of liber book

    1: "complaint § 1" (used esp. in admiralty and divorce cases)

    2 a: a defamatory statement or representation esp. in the form of written or printed words

    specif
    : a false published statement that injures an individual's reputation (as in business) or otherwise exposes him or her to public contempt

    b: the publication of such a libel

    ...

    A libel plaintiff must generally establish that the alleged libel refers to him or her specifically, that it was published to others, and that some injury (as to reputation) occurred that gives him or her a right to recover damages (as actual, general, presumed, or special damages). The defendant may plead and establish the truth of the statements as a defense. Criminal libel may have additional elements, as in tending to provoke a breach of peace or in blackening the memory of someone who is dead, and may not have to be published to someone other than the person libeled.

From the Florida Bar --

    Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage. Libel is defamation by the printed word and slander is defamation by the spoken word.

From the University of Virginia Law Review --
    Defamation is a legal concept older than the American colonies; it was brought over with much of English common law. To recover damages, you simply show that the defendant said something false about you that was unflattering and thus caused a lowering of your reputation or your ability to earn a living. (Libel is defamation that is written; slander is spoken.)

From the Maryland State Bar Exam Analysis --

    Defamation. On these facts, Alex has a cause of action for defamation (the unprivileged publication
    of false and defamatory statements which naturally and proximately result in injury to another) against Hal
    and Wilma. Libel is defamation in written form (printing, writing, signs, pictures, etc.); slander is speaking
    defamatory words which tend to injure the reputation of another.

1,120 posted on 06/06/2003 3:51:46 PM PDT by Bonaparte
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