guest

Forrest City, AR

#29 Oct 18, 2013
It can be done because I sued my ex and its very easy to track IP addresses
Slander

Marion, AR

#31 Oct 18, 2013
Disgusted wrote:
<quoted text>
re:"What's Google-d?"
its something someone without a life complains about .
Awww, what a witty comeback. Your little sister come up with that one while she was taking a break from giving oral to you?
Slander

Paragould, AR

#32 Oct 18, 2013
I gave my sister oral.
LegalBegal

Van Buren, AR

#35 Oct 30, 2013
Consistently posting defamatory remarks directed to a specific individual is against the law. By posting onto this website, you're agreeing to the "terms of service" set forth at the bottom of the post which specifically states that Topix will release private information upon a court order. The filing cost of a civil complaint in Ar is $160.00. If you were able to bring judgment against the defendant, your attorneys fees would be awarded and your $hit talker would think twice before makin up lies on a public forum again. Well worth it in my opinion.
Guest

Antioch, TN

#36 Oct 30, 2013
LegalBegal wrote:
Consistently posting defamatory remarks directed to a specific individual is against the law. By posting onto this website, you're agreeing to the "terms of service" set forth at the bottom of the post which specifically states that Topix will release private information upon a court order. The filing cost of a civil complaint in Ar is $160.00. If you were able to bring judgment against the defendant, your attorneys fees would be awarded and your $hit talker would think twice before makin up lies on a public forum again. Well worth it in my opinion.
What happens then is they turn around and sue you if there has been any kind if exchange and it ends up a wash and you have a huge Atty. bill. So go ahead and try.
CuriousFellow

Jonesboro, AR

#37 Oct 30, 2013
Who is the business owner?
Guest

Antioch, TN

#38 Oct 30, 2013
CuriousFellow wrote:
Who is the business owner?
Yea who is it? And another thing it will just continue to put the opinions about the person, or business in front of the public and the media until people begin to know there must be be something to it.
adult

Manassas, VA

#39 Oct 30, 2013
I've never seen as many ignorant hillbillies all wanting to sue somebody/anybody who expresses an opinion if said opinion differs from their own. What a pitiful bunch of losers.
Guest

Antioch, TN

#41 Oct 30, 2013
adult wrote:
I've never seen as many ignorant hillbillies all wanting to sue somebody/anybody who expresses an opinion if said opinion differs from their own. What a pitiful bunch of losers.
Correct
Guest

United States

#42 Oct 30, 2013
So who is the business owner? If they are filing a suit its public record and therefore you can't get in trouble for letting us know. Tell the name and prove what your saying is not a load of crap.
Guest

Antioch, TN

#43 Oct 30, 2013
Are you in panic mode? Wow you must be guilty.
lefty2

Jonesboro, AR

#44 Oct 30, 2013
LegalBegal wrote:
Consistently posting defamatory remarks directed to a specific individual is against the law. By posting onto this website, you're agreeing to the "terms of service" set forth at the bottom of the post which specifically states that Topix will release private information upon a court order. The filing cost of a civil complaint in Ar is $160.00. If you were able to bring judgment against the defendant, your attorneys fees would be awarded and your $hit talker would think twice before makin up lies on a public forum again. Well worth it in my opinion.
If i refer to a specific individual as lesbian or gay and they indeed are, that is not defamatory. I think there are lots of things we could drag out of your closet.
GTFOHWTBS

United States

#45 Oct 30, 2013
GTFOHWTBS. Quote statutes and reference case law if you want readers to swallow your horse manure. A whole lot of "BOVINE SCATOLOGISTS" posting here. You can find that term defined on Wikipedia.
LegalBegal

Van Buren, AR

#46 Oct 31, 2013
GTFOHWTBS wrote:
GTFOHWTBS. Quote statutes and reference case law if you want readers to swallow your horse manure. A whole lot of "BOVINE SCATOLOGISTS" posting here. You can find that term defined on Wikipedia.
In order for a written or spoken statement to be deemed legally defamatory in Arkansas, a plaintiff must prove:

1) How the statement in question caused harm or reputation loss to the plaintiff

2) That the material in question referenced the plaintiff

3) That the defendant is responsible for publishing or speaking the statement under review

4) How the statement caused harm

5) What types of damages the statement caused

Like in every other U.S. state, Arkansas statutes do not consider opinion to be defamation. Remember, Americans take the First Amendment seriously, which results in defendant-friendly slander and libel laws.

Context is sacrosanct in Arkansas defamation law. All statements are evaluated based on surrounding text and circumstances. In addition, judges don’t consider the “majority sentiment” when reviewing slander and libel cases. Instead, the state’s legal precedence demands that only “’a substantial and respectable minority’ of the plaintiffs community would consider it defamatory.”

Arkansas is one of the few states that doesn’t recognize defamation per se standards, meaning the plaintiffs must provide proof that the material in question caused harm. The Arkansas Supreme Court in 1998 eliminated defamation pro se via their verdict in United Insurance Company of America v. Murphy. The bench reasoned that per se exceptions are inherently unfair, explaining their position thusly:

“By allowing presumed damages for certain words that fit within the per se categories but precluding actual damages for other words without additional proof of damages, the common law rule ‘creates unjustifiable inequities for plaintiffs and defendants alike.’ We believe that the better and more consistent rule…is to require plaintiffs to prove reputational injury in all cases.”

Ar. Code. Title 16. Subtitle 5. Section 105 (5)
LegalBegal

Van Buren, AR

#47 Oct 31, 2013
lefty2 wrote:
<quoted text>If i refer to a specific individual as lesbian or gay and they indeed are, that is not defamatory. I think there are lots of things we could drag out of your closet.
I think you have me confused with someone else. I'm simply attempting to shed light on the subject of libel and defamatory lawsuits. If you refer to someone as a lesbian and that lesbian can prove that your remarks caused significant pain and suffering, loss of wages or any form of mental anguish, you can bet your smart ass its defamatory. Have a nice day.
Guest

Fort Worth, TX

#48 Oct 31, 2013
LegalBegal wrote:
<quoted text>
I think you have me confused with someone else. I'm simply attempting to shed light on the subject of libel and defamatory lawsuits. If you refer to someone as a lesbian and that lesbian can prove that your remarks caused significant pain and suffering, loss of wages or any form of mental anguish, you can bet your smart ass its defamatory. Have a nice day.
You must have had bloody rags at your resteraunt as reported by the news media. That rules it out.
lefty2

Jonesboro, AR

#49 Oct 31, 2013
LegalBegal wrote:
<quoted text>
I think you have me confused with someone else. I'm simply attempting to shed light on the subject of libel and defamatory lawsuits. If you refer to someone as a lesbian and that lesbian can prove that your remarks caused significant pain and suffering, loss of wages or any form of mental anguish, you can bet your smart ass its defamatory. Have a nice day.
No I was not trying to confuse you with someone else. There is also the issue of whether a figure is a public or private figure. For example all the comments about the president governor, even NSA head James Clapper, a different standard applies so in those cases there is more to consider. I did not mean to hit a nerve at all, I had no idea I did.
rightyflighty

Jonesboro, AR

#51 Nov 15, 2013
Guest wrote:
<quoted text>You must have had bloody rags at your resteraunt as reported by the news media. That rules it out.
Oh No, you are wrong for that playing to stereotypes and for that you is wrong. You upset this poster, she has broken a strap on her sandal, the one she was wearing to the party. You implied BWI (bulldawgin while ignunt) and for that, you is wrong.
In the Know

Van Buren, AR

#52 Nov 15, 2013
FYI wrote:
A business owner is suing 5 people for slander for remarks they made about him on the website Topix. The 5 people are wanting to settle out of court to keep their names clear and from the public eye, but the business owner and his lawyer are going to pursue the lawsuit to prove a point. It isn't about the money, they claim, it is about people getting online and making false accusations and slandering other people.
Read on here all the time people think they can write anything they want and get away with it. Not true in this case. I am sure we will see more of this in the future.
Your remarks CAN be traced to your IP address!
Where is the link that proves you are not lying about the lawsuits?

“I just post facts.”

Since: Apr 13

Jonesboro, AR

#53 Nov 15, 2013
FYI wrote:
A business owner is suing 5 people for slander for remarks they made about him on the website Topix. The 5 people are wanting to settle out of court to keep their names clear and from the public eye, but the business owner and his lawyer are going to pursue the lawsuit to prove a point. It isn't about the money, they claim, it is about people getting online and making false accusations and slandering other people.
Read on here all the time people think they can write anything they want and get away with it. Not true in this case. I am sure we will see more of this in the future.
Your remarks CAN be traced to your IP address!
Tracing an IP address is not good enough. An IP can be associated with multiple computers. And there can be multiple users per computer. If you want to bring a slander lawsuit against someone you have to identify a specific individual (or individuals). You really need to capture the MAC address in order to isolate a comment to a specific computer. And then if there are multiple users of that computer then you have to further isolate that individual. I know the MAC address is transmitted with the TCP/IP data packet but I sorta doubt Topix logs the MAC address.

Of course many people are like me. I often go to Starbucks....get a cup of house coffee....log into the Starbucks network and browse Topix, Facebook, etc. I can post from there and the IP will be traced to Starbucks. Good luck figuring out who I am.

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