Re: OT - Yep... the 'news' is truth... eh??


Chuck wrote:
Lib: Libel is surprisingly simple. To portray someone falsely in a way
that can damage their livelyhood IS libel, and it has been enforced on
the net. (Find your own cits). Aubrey is publicly claiming that a
licensed teacher is a pederast, a drunk, and a stalker. Any of the
three, if true, would cause my license to be suspended or revoked.
Thus, libel. I don't give a *** what he thinks of me, but he's over
the line on this {again}, so now he has to pay -I've given him too many
chances already.
Chuck

Having actuallly been a defendant in libel and slander lawsuit (I won -
3 years and tens of thousands of dollars later) but not as a result of
the internet ( I was sued by an attorney who ran for office and I had
turned him into the state for campaign violations. He was fined but
sued me anyway for libel and slander because I talked about the case to
the press) I feel I can give you some advice here. Libel law is NOT
simple.

"-I've given him too many
chances already." This fact weakens your case. You "let" him do it before.

You also have to prove damages in order to "get anything." Even if
everything said is false and you can't prove you were damaged, you'll
waste your time. Also since what he posts is over the top, one could
argue that it is so untrue as to be unbelievable, no one would believe
it. Since your license hasn't been threatened, you can't claim you are
damaged. Afterall you let him do it before. This is a catch 22. First
you have to be damaged BUT you want to prevent Damage.

If he sent emails like this to your employer, that would be a horse of
a different color and I'd say go for it immediately. If you really felt
threatened, you should have done something immediately the first time.

However since it is clear, and I think is clear to anyone but the
dense, that this particular usenet group is full of sexual accusations
and innuendo that are not true and both obscene and unbelievable. No
one reading this group would take anything posted here seriously.
Anyone who is offended by this kind of banter should not play here just
like anyone who is offended by porn shouldn't go to porn sites and then
complain about the content or go to wingnut sites and think they ought
to play fair.

I can attest to the fact that the law process is not reliable. It would
not be worth pursuing a lawsuit because it could very well invite a
counter lawsuit. It can last for years. It might not turn out the way
you think it will. Lawsuits are for the very rich and the truly
damaged. You are neither, free attorney not withstanding. Libel law is
nuanced and not a project for beginners. Unless your sis is experienced
in prosecuting libel lawsuits, I'd get a different attorney.

Studies have shown that the libel and slander plaintiffs are primarily
Type A white men who are narcisistic and bullies. You may feel you are
defending your honor but to others it may appear you are on the
defense, so you may achieve the opposite of your purpose with regard to
your real community. Once a law suit is on file - everything in that
file is VERY public. The stress of a real life lawsuit can make you
physically sick whether you are in the right or not.

So, my advice - just don't respond to any post that offends you unless
you enjoy a mudfest. You'll get on here and you'll get one in the
courtroom.

disclaimer: I am not an attorney. This is not to be construed as legal
advice but are my opinions only. (such is life, sigh)

.