Topix lawsuits for defamation, libel ...

Topix lawsuits for defamation, libel and slander

Posted in the Beckley Forum

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CharlestonLaw

Beckley, WV

#1 Jan 12, 2011
Let me start by stating that I do not live in Beckley nor do I frequent topix; however, I have been contacted by a concerned individual who has been the subject of numerous posts related to their personal character and reputation. This indvidual has not filed a suit as of yet, but is checking into the legal options regarding communication that includes slander, libel and / or defamation of character. The general public normally feels that they are "covered" under the Constitution as it pertains to freedom of speech. I would like to point out that this is NOT the case. Topix is currently under court subpoena in several states as to the information related to poster personal data and IP address. As I scroll across numerous topix posts and subjects, I notice that their is quite a trend with actual names being posted and serious allegations that follow. Although I am sure most are light hearted attempts at humor and / or the circulation of heresay, please be reminded of the legal ramifications that potentially follow.
Here is the LEGAL definition of Defamation of Character, Libel and Slander....
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.
Please be reminded that this can be a serious offense, and that although you may be "anonymous" in your posts, there are numerous methods, especially under court order, that can be used to generate personal information regarding the source of said posts.
billy

Ogden, AR

#2 Jan 12, 2011
I agree with your post.That needs to be stopped.I presume this is input for the influx of children we have had.

The key words are "put names".If someone else makes a comment on here under a presumed name I do not know who that person is.It is fully within my rights to answer that comment with a comment of my own.Agreed,those may be derogatory as hell but isn't that simply human nature? Are you saying human nature is illegal?

I think there is a misrepresentaion going on here.
You state a possibly existing Law Firm as a name. Then you do nothing to back that up.That does not make sense to me.Surely no lawyer would pass up a chance to put his/her name in front of people. Shouldn't you have used your figurehead and signed it right before the "attorny-at-law" at the bottom.

It would have been so much more effective if you had done that.

As it is,I find myself forced to challenge it simply in defense of my rights.

By the way,how much did you charge as a consultation fee for that drivel? If it was over 50 cents I would probably sue you to get my money back.

moonshine
ted

Lubbock, TX

#3 Jan 12, 2011
CharlestonLaw wrote:
Let me start by stating that I do not live in Beckley nor do I frequent topix; however, I have been contacted by a concerned individual who has been the subject of numerous posts related to their personal character and reputation. This indvidual has not filed a suit as of yet, but is checking into the legal options regarding communication that includes slander, libel and / or defamation of character. The general public normally feels that they are "covered" under the Constitution as it pertains to freedom of speech. I would like to point out that this is NOT the case. Topix is currently under court subpoena in several states as to the information related to poster personal data and IP address. As I scroll across numerous topix posts and subjects, I notice that their is quite a trend with actual names being posted and serious allegations that follow. Although I am sure most are light hearted attempts at humor and / or the circulation of heresay, please be reminded of the legal ramifications that potentially follow.
Here is the LEGAL definition of Defamation of Character, Libel and Slander....
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.
Please be reminded that this can be a serious offense, and that although you may be "anonymous" in your posts, there are numerous methods, especially under court order, that can be used to generate personal information regarding the source of said posts.
thanks johnny cochran.im sure it will all stop now.
Disciple

Beckley, WV

#4 Jan 12, 2011
CharlestonLaw wrote:
Let me start by stating that I do not live in Beckley nor do I frequent topix; however, I have been contacted by a concerned individual who has been the subject of numerous posts related to their personal character and reputation. This indvidual has not filed a suit as of yet, but is checking into the legal options regarding communication that includes slander, libel and / or defamation of character. The general public normally feels that they are "covered" under the Constitution as it pertains to freedom of speech. I would like to point out that this is NOT the case. Topix is currently under court subpoena in several states as to the information related to poster personal data and IP address. As I scroll across numerous topix posts and subjects, I notice that their is quite a trend with actual names being posted and serious allegations that follow. Although I am sure most are light hearted attempts at humor and / or the circulation of heresay, please be reminded of the legal ramifications that potentially follow.
Here is the LEGAL definition of Defamation of Character, Libel and Slander....
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.
Please be reminded that this can be a serious offense, and that although you may be "anonymous" in your posts, there are numerous methods, especially under court order, that can be used to generate personal information regarding the source of said posts.
Thank you so much for posting this. This sounds legit and after talking with a lawyer friend, your correct. Nice to know someone knows what there're talking about instead of all the wannabe lawyers on this site. The only people who dont care to put other people's name on here are the ones who already dont have a good rep.
CharlestonLaw

Beckley, WV

#5 Jan 12, 2011
ted wrote:
<quoted text>thanks johnny cochran.im sure it will all stop now.
I do not represent a Law Firm or business, the name is simply that, a screen name. I was not compensated for "consultation". This was simply some advice for those out there that are either misinformed or uninformed.
benchpress1974

Beckley, WV

#6 Jan 12, 2011
lol sounds like dude is right on the money on this one. I wouldn't wanna put my name up here either, especially if I were a lawyer, or not.
Wouldn't it be funny if one day they developed some type of "caller id" for IP addresses and posts. Anonymous posts are rampant everywhere, people have no inhibitions just like "beer muscles", the anonymity makes them all genuis' or tough guys. All I can think about with some of these guys on here talking smack all the time is who they really are. When the day comes these guys get exposed, wether it be for legal reasons or just because they get their cover blown, it's gonna be a great day.
benchpress1974

Beckley, WV

#7 Jan 12, 2011
whoops sorry, i wondered where my 1st post went, didn't mean to double post. did pretty good remmebering what i said the 1st time around though... lol this forum stuff is new to me.
MorgantownLaw

Beckley, WV

#8 Jan 12, 2011
First: Never take ANY legal advice from anyone on the internet.

Second: CharlestonLaw is full of sh.it.
LOL

Kenney, TX

#9 Jan 12, 2011
bunch of babies who care too much of what people say about them. The suit won't do anything b/c people do the samething on facebook.. How are you going to change it? You can't.
Sunshine

United States

#10 Jan 12, 2011
Elected officials can be questioned and held responsible for their ignorance and what they say so the public can be made aware of their actions. Second if I say anyything about someone and it is the truth and others know also this is not slander. I think some politicians is starting to worry the truth about them is starting to come out and the pucker factor and the fact embarassment is coming is taking a toll.

Billy I agree with your input in the matter.
thatcher1964

Beckley, WV

#11 Jan 17, 2011
MorgantownLaw wrote:
First: Never take ANY legal advice from anyone on the internet.
Second: CharlestonLaw is full of sh.it.
I don't think ChasLaw is full of it. there are several stories coming up across the country. I had actually heard of topix in the news related to a lawsuit, and that's why i first came to see what the forum looked like here in Beckley.Seems this is definitely the spot for people to air it out about each other in a bad way.
Check these 2 different stories out.
Kentucky attorney general has just made this happen.
http://www.examiner.com/public-policy-in-loui...
and here is a developing story from our state...
http://wowktv.com/story.cfm...
Blackhawk

United States

#12 Jan 17, 2011
NAMES should never be put on topix..
Except if it is a public official or someone in the news..(That is what Topix is SUPPOSED to be about.....The NEWS and our take on it, not GOSSIP)....... Harmful gossip, lies, and smearing anyone else just for "S" and giggles is NEVER accpetable...... I'm for lawsuits against ANYONE who spreads intentional libel.
nope

Katy, TX

#13 Jan 17, 2011
freedom of speech is the key. People will ALWAYS talk trash ab people so there could be thousands of lawsuits. Instead of that people should just ignore or not even read what's on here. Or get rid of the forum and jus leave news.
thatcher1964

Beckley, WV

#14 Jan 18, 2011
As Chas Law pointed out, there are exceptions to freedom of speech. I'm with you about this forum though. It should just be about news. It would be great if people used this as a place to post questions about the area or recent happeneings and leave it at that. I'd like to think it's just the kids making ridiculous posts, but I don't think that's the case. saw where someone was moving to the area and posted something about places to rent, and they were pelted with insults and such. few people ruin a good thing for the majority. I'm sure these foreums will go to the wayside and start to be banned. I also agree about just ignoring the posts, but in some cases, the posts can be personally and or prfoessionally damaging. so it's hard to ignors those. I just noticed the Char has had that slamfest post going on about them removed.
thatcher1964

Beckley, WV

#15 Jan 18, 2011
just checked back in, thought i'd look at my post that was written quickly over a cup of coffee.... I'll save someone's effort of insulting my spelling abilities. lol I can actually spell, it's the typing thing that gets in the way in the mornings...
1 post removed
Anonymus

South Africa

#17 Apr 22, 2011
In 2009 i stared dating this guy,during our relationship he stared spreading lies that he slept with me,which is probably ruining my reputation,people are calling me names,even my friends now take me cheap,im a virgin...he is so giving me a bad name,can i press charged on him,its 2011 and one of my friends told me he is still spreading the same rumour
Help Me Out

Milan, Italy

#18 May 28, 2011
Wait help me out. I thought Topix supports free speech no matter what? Why did they freeze a website which exposes the truth about THEM? If what they are doing is really okay then they should allow people to have full disclosure of who they are, what they do and how they make money. Suppressing the truth about them, must mean that they don't want people to know the truth.

Maybe they don't give a crap about free speech, except when it supports them allowing unmoderated posting for profit and doesn't require them to invest in sufficient levels of moderation.

Hmmmm?????
billy

Ogden, AR

#19 May 28, 2011
People have judged me a nut among other things because I do indeed challenge the topmods frequently. It has gotten to the point that they no longer reply to me at all. Apparently some are biased and do not know the ramifications of their own terms of service.

billy

Since: May 08

Location hidden

#20 May 28, 2011
100% free speech doesn't exist.. It never has...When you threaten people, slander/ libel people, incite people to riot or violence, etc. that is NOT free speech.....

Obviously, some think ANYTHING OR EVERYTHING they say or print is protected...."Ain't" so.
3to1

Beckley, WV

#21 May 28, 2011
Shootist wrote:
100% free speech doesn't exist.. It never has...When you threaten people, slander/ libel people, incite people to riot or violence, etc. that is NOT free speech.....

Obviously, some think ANYTHING OR EVERYTHING they say or print is protected...."Ain't" so.
Yes , but regardless of names if the topic is true there is nothing u can do about it correct?

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