in article T52Gc.104624$E84.68052@edtnps89, Harry Ballsac..a. at Harry
Ballsac..a.@the_national_socilaist_news_service.NDPP.gob wrote on 7/4/04
6:25 PM:

"Aratzio" <a6ahlyv02@sneakemail.com> wrote in message
news:01tge09i0jr99q7m0pvpq12ssdtlpk329q@4ax.com...

The fact you are both ignorant fuckwits and have not a clue about the
law.

Information Just for you feminazi's and for others on Slander and
DEFAMATION

General Libel and Slander Law Questions


1.) WHAT IS "DEFAMATION"?
Defamation, sometimes called "defamation of character", is spoken or
written words that falsely and negatively reflect on a living person's
reputation.

If a person or the news media says or writes something about you that is
understood to lower your reputation, or that keeps people from
associating with you, defamation has occurred. Slander and libel are two
forms of defamation.


2.) WHAT IS "SLANDER"?
Slander is a spoken defamation.


3.) WHAT IS "LIBEL"?
Libel is a written defamation. Generally, radio and television
broadcasts that are defamatory are considered to be libel, rather than
slander.


4.) CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what was
said or written about you was false. If the information is true, or if
you consented to publication of the material, you will not have a case.
However, you may bring an defamatory action if the comments are so
reprehensible and false that they effect your reputation in the
community or cast aspersions on you.


5.) CAN LIBEL SUITS BE BROUGHT BY A PUBLIC FIGURE? These suits are a bit
dicer for the public figure.

A public figure may be an elected or appointed (a politician) or someone
who has stepped into a public controversy (e.g., movie stars and TV
stars, star athletes). Public figures have a "harder road to toll" than
the average person since they must prove that the party defaming them
knew the statements were false, made them with actual malice, or was
negligent in saying or writing them. Proving these elements makes the
chance of a successful lawsuit slim.


6.) WHAT ABOUT INSULTS AND EPITHETS? ARE THEY DEFAMATORY? Generally, no.
Usually they are seen as outbursts of emotion, with no real substance,
except to show intense dislike.


7.) DON'T I HAVE A RIGHT TO EXPRESS MY OPINION? Yes, so long as your
statement of opinion is just an opinion, not containing specific facts
that can be proved untrue.


8.) WHAT HAPPENS WITH REPORTERS AND THEIR STATEMENTS? ARE THEY
PROTECTED? Damages can be recovered if the newspaper's story had
inaccuracies in the reporting of statements which hurt the reputation of
a person or business. The newspaper would be held responsible for its
story.


9.)ARE THERE DEFENSES TO DEFAMATION?
Establishing the truth is the single most effective defense that can be
offered. If the remark is truthful and it "hurts", is embarrassing, or
subjects you to ridicule, there is little you can do. Unfortunately,
unless the remark is false, you have no recourse.


10.) I RECENTLY REVIEWED MY PERSONNEL WORK FILES AND WAS HORRIFIED TO
READ THAT SOME OF THE STATEMENTS WRITTEN BY MY SUPERVISOR WERE FLAT OUT
WRONG. LIBEL?
If the offending material reflected only opinions, it would not be
libelous. If the material, however, reflected facts, the employer is
asking for a defamation suit, if the facts later are proved untruthful.
For example, if your personnel file contains a negative job performance
evaluation, stating that you are dishonest, not to be trusted with the
keys to the cash register, the employer could be held liable for
defamation, if the statement was false.


11.) WHAT ARE THE DEFENSES TO A LIBEL CLAIM? There are three main
defenses to a libel claim (other than asserting that it never happened
or that you were never involved):

The first is claiming, and proving, that the statement was privileged
(and thus not public). Only certain professions (doctors, lawyers,
psychologists), or individuals (chiefly your spouse) can maintain that
privilege; and if any non-privileged third party was part of the
communication, the privilege is broken. (Employees of a professional are
only partially covered, to the extent that you needed to use them to
contact the professional. Don't expect to tell your deepest, darkest
secret to your attorney's secretary, and maintain that privilege.)

The second defense is claiming, and proving, that the statement is true,
for "truth is an absolute defense".

The third defense is claiming, and proving, that the statement was an
opinion, not an assertion of a fact. Since this last defense is only as
good as the weakest or worst, but still reasonable, misinterpretation,
it's not one you really want to rely on. There's a world of difference
between saying "I think he's a crook," and "he's a crook". Especially if
a third party might inadvertently leave out the first two words when
passing your message on.


12.) WHAT DAMAGES ARE AVAILABLE FOR SLANDER OR LIBEL? If you have been
defamed you may seek both actual damages, to recover the harm that you
have suffered, and punitive damages to punish the person who made the
remark (and serve as an example to deter others).

If the defamation improperly accused you of a crime or reflected on your
profession, the Court or jury can assess the damages. For other types of
defamation you must prove some actual damage to be able to recover.


13.) FALSELY ACCUSED OF SEXUAL HARASSMENT BY A FORMER SUBORDINATE. THE
ACCUSATIONS SOMEHOW WERE LEAKED TO YOUR FELLOW WORKERS AND NOW, DESPITE
BEING EXONERATED, I AM TREATED WITH DISDAIN BY MY PEERS. DO I HAVE A
CASE? This is a tough one. Who was the responsible party in spreading
the defamatory word around -- the employee who made the accusations
against you, you, or your employer?

You can complain if the responsible party was the employee or employer
because it is illegal to unjustly malign the reputation of another
person, and such conduct may be defamatory against you. If you are the
responsible party, you cannot complain.


14.) WHAT HAPPENS IF SOMEONE SLANDERS OR LIBELS SOMEONE WHO IS DEAD?
While it may be reprehensible to say false things about someone who has
died, in most states it is not legally actionable. No action can be
taken on behalf of a dead person.


15.) CAN I SUE FOR DEFAMATORY STATEMENTS MADE BY A WITNESS UNDER OATH IN
A JUDICIAL PROCEEDING?
Statements in a judicial proceeding are privileged. A judge, juror,
lawyers, witnesses, or other parties are absolutely protected. For
example, you are involved in an employment dispute with your former
employer who lets it be known to everyone that you are a drunk and a
thief, knowing that it is untrue. Your former employer can make this
defamatory statement without being sued by you afterwards.

Also protected are the remarks made by federal or state legislators in
committee hearings or floor debates.

Damages


WHAT DAMAGES ARE AVAILABLE FOR SLANDER OR LIBEL? If you have been
defamed you may seek both actual damages, to recover the harm that you
have suffered, and punitive damages to punish the person who made the
remark (and serve as an example to deter others).

If the defamation improperly accused you of a crime or reflected on your
profession, the Court or jury can assess the damages. For other types of
defamation you must prove some actual damage to be able to recover.

Defenses


ARE THERE DEFENSES TO DEFAMATION?
Establishing the truth is the single most effective defense that can be
offered. If the remark is truthful and it "hurts", is embarrassing, or
subjects you to ridicule, there is little you can do. Unfortunately,
unless the remark is false, you have no recourse.


WHAT ARE THE DEFENSES TO A LIBEL CLAIM? There are three main defenses to
a libel claim (other than asserting that it never happened or that you
were never involved):

The first is claiming, and proving, that the statement was privileged
(and thus not public). Only certain professions (doctors, lawyers,
psychologists), or individuals (chiefly your spouse) can maintain that
privilege; and if any non-privileged third party was part of the
communication, the privilege is broken. (Employees of a professional are
only partially covered, to the extent that you needed to use them to
contact the professional. Don't expect to tell your deepest, darkest
secret to your attorney's secretary, and maintain that privilege.)

The second defense is claiming, and proving, that the statement is true,
for "truth is an absolute defense".

The third defense is claiming, and proving, that the statement was an
opinion, not an assertion of a fact. Since this last defense is only as
good as the weakest or worst, but still reasonable, misinterpretation,
it's not one you really want to rely on. There's a world of difference
between saying "I think he's a crook," and "he's a crook". Especially if
a third party might inadvertently leave out the first two words when
passing your message on.

E-mail communications

ARE LAWS REGARDING DEFAMATION APPLICABLE TO E-MAIL AND OTHER ON-LINE
ACTIVITIES?

Absolutely! If a person commits libel (false and unprivileged
publication or assertion of a fact, which exposes any person to hatred,
contempt, ridicule, or which causes him/her to be shunned or avoided, or
which has a tendency to injure him/her in his/her trade or occupation)
against you through e-mail or other on-line activities, the publisher,
and any re-publisher, of the offensive statement can be held accountable
for damages. For the defenses against libel, see our section on Libel .

Passing fraudulent information about can get you into trouble, whether
you try to profit from it or not. Because if the victim is harmed by
your action, you can be held liable for his or her losses. Stock
manipulation schemes are no more legal on the Internet than they were in
the mail or over the telephone.

If you think you've been defrauded by false information passed on by a
computer channel, defamed, or worry about whether you can make an
aggressive advertising claim, it might be worth talking to a lawyer --
remembering always that prevention is a lot cheaper, and faster, than
any cure.

INSULTS


WHAT ABOUT INSULTS AND EPITHETS? ARE THEY DEFAMATORY? Generally, no.
Usually they are seen as outbursts of emotion, with no real substance,
except to show intense dislike. Oral


CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME? In
order to prove defamation, you have to be able to prove that what was
said or written about you was false. If the information is true, or if
you consented to publication of the material, you will not have a case.
However, you may bring an defamatory action if the comments are so
reprehensible and false that they effect your reputation in the
community or cast aspersions on you.

WRITTEN


CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME? In
order to prove defamation, you have to be able to prove that what was
said or written about you was false. If the information is true, or if
you consented to publication of the material, you will not have a case.
However, you may bring an defamatory action if the comments are so
reprehensible and false that they effect your reputation in the
community or cast aspersions on you.


DON'T I HAVE A RIGHT TO EXPRESS MY OPINION? Yes, so long as your
statement of opinion is just an opinion, not containing specific facts
that can be proved untrue.

if this FAQ was based upon "Bob" and aspersions against his character, I
would point out it is unlikely much would come from a suit he could make-
there is too much evidence pointing to his provocation of those prompted
to reply in kind, in the specific nature of general threats to murder,
rape, torture and imprisonment of women as a population. Although not a
realistic threat, it IS cause for concern as to Bob's character, and
therefore one may make the claim he was in fact defaming himself.
As noted however, many of the flames against him did NOT include the words
"I think", but were intended to carry the weight of their words as
indictments against him, which appears is the only valid basis for Bob's
complaint.
My personal belief on this therefore is that there is a general mutual ill
will between Bob and his dissidents, and leave it at that. This exchange
of abuse will go on and neither side has much recourse for legal action
arising from their part in its escalation.