Defamation/Libel/Slander

Defamation/Libel/Slander

Posted in the Salem Forum

Since: Jul 10

Location hidden

#1 Jul 23, 2010
What Are Defamation, Libel and Slander?
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

Typically, the elements of a cause of action for defamation include:

A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.

Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude; www.expertlaw.com/library/personal_injury/def...

Since: Feb 10

Location hidden

#2 Jul 24, 2010
All states except Arizona, Arkansas, Missouri, and Tennessee recognize that some categories of false statements are so innately harmful that they are considered to be defamatory per se. In the common law tradition, damages for such false statements are presumed and do not have to be proven. "Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things":
Allegations or imputations "injurious to another in their trade, business, or profession"
Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women)
Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)

So as said, Missouri is exempted from this ruling, which means in layman's terms, "You don't have a snowballs chance in hell" to even get this type of case in a Missouri court of law, PERIOD!!!
Why

Chicago, IL

#4 Jul 24, 2010
But why even talk to badly about others? What's the point? To get a laugh? Watch something funny on tv! People are being hurt by what some put on this site! We are a community and that includes all the sinners.....oh wait that's ALL of us! Since when are we the judges of anothers faults and flaws? Can't we give words of encouragement? It's sad that the people of Salem can join together to bash and embarass someone but we can't join together to do something positive with the town. What does that tell visitors from other towns or states?
Why

Chicago, IL

#5 Jul 24, 2010
So badly I meant to say ^^^
freedomreporter

United States

#6 Jul 24, 2010
Libel occurs when a false statement is written which injures an individual by disgracing him. The statement must be about an individual and the readers must be aware that the individual is the subject of the false statement. Furthermore, the defamatory statement must not be an opinion, but rather one of fact.*This is true because ... only false statements are actionable, and the Supreme Court has held, under the First Amendment, there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries, but on the competition of other ideas.*(Internet and the Law, p. 162-163.)

An individual considered to be a public figure must prove that the libeler knew the statement was false, or had serious questions regarding the truth of the statement. When the individual that was libeled is not a public figure, the threshold to recover damages is lower and requires proving negligence on the part of the libeler.(Internet and the Law, p. 163). There have been some proposals during recent case litigation that individuals libeled on the Internet should be regarded as a public figure, thus requiring the higher threshold level to recover for damages.

Unless it is more than just opinion, it is not libel. Peace.

Since: Feb 10

Location hidden

#7 Jul 25, 2010
freedomreporter wrote:
Libel occurs when a false statement is written which injures an individual by disgracing him. The statement must be about an individual and the readers must be aware that the individual is the subject of the false statement. Furthermore, the defamatory statement must not be an opinion, but rather one of fact.*This is true because ... only false statements are actionable, and the Supreme Court has held, under the First Amendment, there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries, but on the competition of other ideas.*(Internet and the Law, p. 162-163.)
An individual considered to be a public figure must prove that the libeler knew the statement was false, or had serious questions regarding the truth of the statement. When the individual that was libeled is not a public figure, the threshold to recover damages is lower and requires proving negligence on the part of the libeler.(Internet and the Law, p. 163). There have been some proposals during recent case litigation that individuals libeled on the Internet should be regarded as a public figure, thus requiring the higher threshold level to recover for damages.
Unless it is more than just opinion, it is not libel. Peace.
I, personally, refrain from going to any website and make any derogative statement about anyone or anything, I always try be positive. I choose to come to the Salem, Topix.net site for the "Extreme Screen Fighting" figuratively. This statement I'm sure will upset somebody, but I'm not breaking any laws. Until the good citizens of Salem that make these said postings become more civilized, I shall be entertained and then I shall go elsewhere for my entertainment values. ;-)
sick

Salem, MO

#8 Jul 25, 2010
Pavement_Pirate wrote:
<quoted text> I, personally, refrain from going to any website and make any derogative statement about anyone or anything, I always try be positive. I choose to come to the Salem, Topix.net site for the "Extreme Screen Fighting" figuratively. This statement I'm sure will upset somebody, but I'm not breaking any laws. Until the good citizens of Salem that make these said postings become more civilized, I shall be entertained and then I shall go elsewhere for my entertainment values. ;-)
What kind of sick bastard gets his thrills from seeing the trash posted on here???? Does it give you a thrill to see peoples lives torn apart in a public manner???? You call that entertainment!? You need help.

Since: Feb 10

Location hidden

#9 Jul 25, 2010
sick wrote:
<quoted text>
What kind of sick bastard gets his thrills from seeing the trash posted on here???? Does it give you a thrill to see peoples lives torn apart in a public manner???? You call that entertainment!? You need help.
So what degree of psychology do you have and where did you earn it? I may be demented, I admit to that, is that illegal? But to the good citizens of Salem who post derogative statements towards each other, seriously, who needs the help worst here?
Sure

Sparta, MO

#10 Jul 25, 2010
Pavement_Pirate wrote:
<quoted text> So what degree of psychology do you have and where did you earn it? I may be demented, I admit to that, is that illegal? But to the good citizens of Salem who post derogative statements towards each other, seriously, who needs the help worst here?
But you are an idiot, lame-brain! LOL

Since: Feb 10

Location hidden

#11 Jul 25, 2010
Sure wrote:
<quoted text>
But you are an idiot, lame-brain! LOL
And you are.........?
Sure

Sparta, MO

#12 Jul 25, 2010
Pavement_Pirate wrote:
<quoted text>And you are.........?
I am NOT an idiot, numb nuts!

Since: Feb 10

Location hidden

#13 Jul 25, 2010
OK, so now you argue with yourself! LOL
Sure

Sparta, MO

#14 Jul 25, 2010
Pavement_Pirate wrote:
OK, so now you argue with yourself! LOL
No arguments here....you are STILL proving to be an idiot! You even laugh at your lame posts!

Since: Feb 10

Location hidden

#15 Jul 25, 2010
Sure wrote:
<quoted text>
No arguments here....you are STILL proving to be an idiot! You even laugh at your lame posts!
heheheheheheh!!!!
Jean

Chicago, IL

#16 Nov 4, 2010
Now that we have discussed what it is, here is some information on why it is going unchecked on the internet, with hundreds of personal lives ruined and some children place at risk:

http://tinyurl.com/38b8aju

Get the truth.
HARLEY

United States

#17 Nov 4, 2010
Have any of you ever looked at St James topix?? Just pull it up and look at theirs compared to ours. Our town is really a very mean and sad place. Maybe St James would be a better place to raise a family. They do not bash anyone on their topix at all.
knowssomething

Camdenton, MO

#18 Nov 7, 2010
Harley-

Unfortunately it's true. Salem indeed is a mean and nasty town.

Since: Nov 09

Location hidden

#19 Nov 8, 2010
but it doesn't have to be and really it isn't. There is a very small percentage of Salem that post nasty, ugly things on here. No matter where you go in life there will be these kind of people...you will never rid yourself totally of them.
Think about it

Richland, MO

#20 Nov 17, 2010
Think about it before you post it. you could get sued. It would be your own fault.

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