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Yolanda M

Saint Louis, MO

#1 Jun 17, 2009
Slander
1 : the utterance of false charges or misrepresentations which defame and damage another's reputation
2 : a false and defamatory oral statement about a person — compare libel
Before I continue please note that ANYTHING you do on the computer is embedded with certain information which is easily traced.
The FIRST thing to know is that you have only a TWO year statute of limitations to sue for pure defamation and slander in Missouri.
*If you are a victim of SLANDER on TOPIX. Contact an attorney immediately.
The SECOND thing to know is that defamation and slander are essentially the same thing.
The THIRD thing to know is that in any pure defamation or slander case you have to prove these things, called the “elements of the case”:
Elements of a defamation case:
Publication means that someone said a defamatory thing to someone else, and they did not have the “privilege” to be saying such things to the other person.
Falsity means that someone said a defamatory thing to someone else, and they did not have the “privilege” to be saying such things to the other person.
Damages The defamation must have caused provable damage, either financial loss or a provable reduction in the esteem with which others hold the person defamed. When you lose out on a job opportunity due to the defamation then you have clearly been damaged. But it’s usually difficult to get a potential new employer to admit that the reason he didn’t hire you was a bad reference. People don’t want to get drawn into litigation, so they lie and say that the position is no longer open, or got filled while you were still going through the application process.
Now knowing this: Are you going to continue to call out names. Will you continue to allow the devil to use you. Is the person you are 'blogging' about worth going to jail or being sued for whatever monies that you have or will receive in the future.
I agree

United States

#2 Jun 17, 2009
Thanks for putting that out there!
guest

Overland Park, KS

#3 Jun 17, 2009
oh but you can say my opinion is...... and that's not slander only ones opinion.
Yolanda M

Saint Louis, MO

#4 Jun 17, 2009
In general you can sue someone who writes and publishes something about you,(which is not true) or says it before witnesses, if what is written or said damages your reputation.

Is your opinion worth a fine or going to jail. You never know what the law will side with. Cyber-bullying is at an all time high.
omg

United States

#5 Jun 17, 2009
Yolanda M wrote:
In general you can sue someone who writes and publishes something about you,(which is not true) or says it before witnesses, if what is written or said damages your reputation.
Is your opinion worth a fine or going to jail. You never know what the law will side with. Cyber-bullying is at an all time high.
I know you dear, and have spoken positively in your regard. Someone said that you were not a good mother, I disagreed ... I know you do the best you can with the kids, and you did have help with them from your mother, but you were trying to earn a living too. You know me, we talked often at Kirby's ... remember the Butterfinger Blizzards? The Red rose for you and the yellow one for someone else long ago? Call me sometime if you can. My number is in the phone book. I would never, repeat NEVER say anything derogitory about you deliberately.

“Braccae tuae aperiuntur”

Since: Jun 09

United States

#6 Jun 17, 2009
While I agree that it sucks when people say bad things about each other, that's kind of part of being in a free society. We don't have to like it, it's like the Letterman thing, he made a joke in bad taste and people flip out. This country is too sue happy. I mean pretty soon we'll have to put a disclaimer on everything we do. I've been called lot's of things, I got angry, I got over it. I don't know what someone said to hurt you so much, and I'm not trying to comment on that, I just think that we should all realize words are words, remember the old rhyme "sticks and stones may break my bones but WORDS will NEVER hurt me"? Just a thought, just an opinion.
Disclaimer: The_Suit does not endorse any of the above mentioned comments.
guest

Mexico, MO

#7 Jun 18, 2009
and how would someone prove which person was on that computer slandering another person????? this case would not be worth the lawyer fees
silent observer

Columbia, MO

#8 Jun 18, 2009
guest wrote:
and how would someone prove which person was on that computer slandering another person????? this case would not be worth the lawyer fees
thank you! people use other people's computers all the time. prove it was me. could have been this person or that person or the other person........ Suck it up, get over it, and go on with your life.
guest

Mexico, MO

#9 Jun 18, 2009
silent observer wrote:
<quoted text>thank you! people use other people's computers all the time. prove it was me. could have been this person or that person or the other person........ Suck it up, get over it, and go on with your life.
i have at least 10 different people using my pc!!! they will have to come to my house and prove who did what!! such fear tactics! still, the lawyer alone is not worth it!
Yolanda M

Saint Louis, MO

#10 Jun 18, 2009
guest wrote:
and how would someone prove which person was on that computer slandering another person????? this case would not be worth the lawyer fees
But, if its your home and your computer you are responsible the state of missouri says that possession is the law. SORRY
guest

Mexico, MO

#11 Jun 19, 2009
Yolanda M wrote:
<quoted text>
But, if its your home and your computer you are responsible the state of missouri says that possession is the law. SORRY
i bleieve you are misunderstanding that statement. but still, the cost of a lawyer to fight this is ridiculous.
Yolanda M

Stilwell, KS

#12 Jun 19, 2009
guest wrote:
<quoted text>i bleieve you are misunderstanding that statement. but still, the cost of a lawyer to fight this is ridiculous.
I understood. Here is my point to some it may not be worth it because once again these are just words being typed by an individual. But to others whom the topics are regarding it could mean the choice of life and death. There was a little girl recently who committed suicide due to "cyber-bullying" and the persons involved are in jail. I believe in free speech, but I also believe that we have to be held accountable for our actions as well as what we say. Teenagers are prone to suicide and its my professional opinion that this site could somehow fuel those decisions. I dont know if you have ever been a topic on 'Topix', or know of anyone who has been, but I am sure it has affected their lives. I am positive that the person had a moment of self doubt.
I am not for the complete banning of this site, I just want people to be RESPONSIBLE for the thoughts that they publish. I would like for 'TOPIX' to place filters on their forums, because apparently people will type anything.
Have you visited some of the topics: If not do so. They have polls suggesting "who's the biggest hoe in Sikeston" or "do you know where I can by drugs" its sad. The worst part is, Sikeston is known for 'Lamberts Home Throwed Rolls' and people go to Topix type in Sikeston and this is what they see. I wouldnt visit Sikeston if I were to base my vacation plans on what I am reading. So, its not just the people being talked about on 'Topix' its the entire community being affected. I had the pleasure of speaking to the Community Redevelopment person for Sikeston, Trey and he and I are in agreement. He is going to address these and other issues with the City Manager as well as the City Attorney I dont want Sikeston to be the home of the next person who commits suicide based on someone's "opinion" and "free speech" you shouldnt either.
wrong indeed

Cape Girardeau, MO

#13 Jun 19, 2009
Ithink getting on topix ad claiming a perso has AIDS is slander. No one has the right to post such crap on the internet for the whole world to see. Who knows that type of info? Who has the right to dispose that type of information? I would say the doctors and the individual with the disease. All the name calling doesn't bother me a bit cause that's usually what people do to get their blood pumping. What does it solve.... nothing just a good ole laugh seeing how silly act. The seriousness of a life threatening disease such as AIDS is serious business.
Yolanda M

Stilwell, KS

#14 Jun 19, 2009
Stating that someone has AIDS/HERPES it is serious; I believe SUICIDE is SERIOUS as well. I am normally the person reporting topics that are inappropriate. I cant do it all. I cant be on here 24/7 "policing" individuals, its gonna take a village. If you think its wrong when someone post about another individual having aids.... Report it. I was just informed that these are civil cases and that there was nothing that the city of Sikeston can do, but it is. We as a community have to stand in agreement that this is NOT the way we want our city to be known.
NeutralParty

United States

#15 Jun 19, 2009
Yolanda M wrote:
<quoted text>
I understood. Here is my point to some it may not be worth it because once again these are just words being typed by an individual. But to others whom the topics are regarding it could mean the choice of life and death. There was a little girl recently who committed suicide due to "cyber-bullying" and the persons involved are in jail. I believe in free speech, but I also believe that we have to be held accountable for our actions as well as what we say. Teenagers are prone to suicide and its my professional opinion that this site could somehow fuel those decisions. I dont know if you have ever been a topic on 'Topix', or know of anyone who has been, but I am sure it has affected their lives. I am positive that the person had a moment of self doubt.
I am not for the complete banning of this site, I just want people to be RESPONSIBLE for the thoughts that they publish. I would like for 'TOPIX' to place filters on their forums, because apparently people will type anything.
Have you visited some of the topics: If not do so. They have polls suggesting "who's the biggest hoe in Sikeston" or "do you know where I can by drugs" its sad. The worst part is, Sikeston is known for 'Lamberts Home Throwed Rolls' and people go to Topix type in Sikeston and this is what they see. I wouldnt visit Sikeston if I were to base my vacation plans on what I am reading. So, its not just the people being talked about on 'Topix' its the entire community being affected. I had the pleasure of speaking to the Community Redevelopment person for Sikeston, Trey and he and I are in agreement. He is going to address these and other issues with the City Manager as well as the City Attorney I dont want Sikeston to be the home of the next person who commits suicide based on someone's "opinion" and "free speech" you shouldnt either.
I noticed you said something about "in my professional opinion" ... are you a licensed psycologist or psyciatrist? I don't think that the City Attorney or the City Government can regulate the internet and who is or is not allowed on it. I do not condone attacking anyone adversly ... but this is outside their realm of jurisdiction. Also, if I wrote a letter to the editor of our local paper and stated something that you disagreed with or felt was wrong, does that mean you could sue the paper or hold them responsible? As to teen age suicide, they happen and have for many years, and I would find it hard to believe that topics such as this would be grounds for anyone to take their own lives unless there were many other factors involved, all of which could be equally responsible. I am again saying I am not taking one side or the other, just playing a little bit of Devil's Advocate to show other possibilities. Hope I have not offended you to the point of doing harm to yourself or anyone else. Have a blessed day
Yolanda M

United States

#16 Jun 19, 2009
Where is the line drawn between a healthy debate and slander. I am sure your letter to the editor of your local publication is NOT going to include 'whos the bigger hoe' or 'such and such has aids'. I believe that the letter would reflect ISSUES involving your community. CORRECT. The City can not regulate, but as a people in a community we can demand that filters be placed on inappropriate materials. I am pleased that you do not condone personal attacks, but by NOT taking a stand this is indeed what you are doing. Teenage Suicide rates are at an all time high, true it has been going on for years and the usual culprit to such demise would be the feeling of inadequecy, loneliness, depression ect.ect.ect. all that this site offers, to an individual who is already dealing with the harsh realities of their life.
You haven't offended my, I would hope not to think anyone. What we are doing is having a healthy conversation about ISSUES. No one is name calling we are supporting our information with facts, allowing people to be informed whenever they make the decision to post.
Thanks Again.
neutral party

United States

#17 Jun 19, 2009
Yolanda M wrote:
Where is the line drawn between a healthy debate and slander. I am sure your letter to the editor of your local publication is NOT going to include 'whos the bigger hoe' or 'such and such has aids'. I believe that the letter would reflect ISSUES involving your community. CORRECT. The City can not regulate, but as a people in a community we can demand that filters be placed on inappropriate materials. I am pleased that you do not condone personal attacks, but by NOT taking a stand this is indeed what you are doing. Teenage Suicide rates are at an all time high, true it has been going on for years and the usual culprit to such demise would be the feeling of inadequecy, loneliness, depression ect.ect.ect. all that this site offers, to an individual who is already dealing with the harsh realities of their life.
You haven't offended my, I would hope not to think anyone. What we are doing is having a healthy conversation about ISSUES. No one is name calling we are supporting our information with facts, allowing people to be informed whenever they make the decision to post.
Thanks Again.
I doubt that Topix will install filters for us, perhaps there are some we can put on our computers to filter those things we do not wish to be exposed to. There is also parental controls on most, if not all computers. The parent can take action now without involving Topix or the inter-net server

Abdal Azziz

“Not My Real Name”

Since: Jan 09

Anaheim, CA

#18 Jun 19, 2009
Good discussion.

In my opinion, the best weapon against all the negativity on the site would be to support conversations that are more positive. That's something anyone can do at any time. Doing so, pushes the negative comments down the list.

I read about that story of the girl who killed herself after being cyber-bullied by the mother of another girl that this girl was rivals with. That's a tragic, but extreme example. I'm sure it's not the only case out there, though.
guest

Mexico, MO

#19 Jun 19, 2009
Yolanda M wrote:
<quoted text>
I understood. Here is my point to some it may not be worth it because once again these are just words being typed by an individual. But to others whom the topics are regarding it could mean the choice of life and death. There was a little girl recently who committed suicide due to "cyber-bullying" and the persons involved are in jail. I believe in free speech, but I also believe that we have to be held accountable for our actions as well as what we say. Teenagers are prone to suicide and its my professional opinion that this site could somehow fuel those decisions. I dont know if you have ever been a topic on 'Topix', or know of anyone who has been, but I am sure it has affected their lives. I am positive that the person had a moment of self doubt.
I am not for the complete banning of this site, I just want people to be RESPONSIBLE for the thoughts that they publish. I would like for 'TOPIX' to place filters on their forums, because apparently people will type anything.
Have you visited some of the topics: If not do so. They have polls suggesting "who's the biggest hoe in Sikeston" or "do you know where I can by drugs" its sad. The worst part is, Sikeston is known for 'Lamberts Home Throwed Rolls' and people go to Topix type in Sikeston and this is what they see. I wouldnt visit Sikeston if I were to base my vacation plans on what I am reading. So, its not just the people being talked about on 'Topix' its the entire community being affected. I had the pleasure of speaking to the Community Redevelopment person for Sikeston, Trey and he and I are in agreement. He is going to address these and other issues with the City Manager as well as the City Attorney I dont want Sikeston to be the home of the next person who commits suicide based on someone's "opinion" and "free speech" you shouldnt either.
this is way different that the cyberbullying case! that woman knew so much about the girl and used the girls boyfirends name etc to write to her. way different than an a "guest" talking to a "guest". there is way more worse said in whispers in the school hall way than you read in here. only a fraction of what i read do i think might possibly be true. most people don't give it a second thought.

Abdal Azziz

“Not My Real Name”

Since: Jan 09

Anaheim, CA

#20 Jun 19, 2009
guest wrote:
<quoted text>this is way different that the cyberbullying case! that woman knew so much about the girl and used the girls boyfirends name etc to write to her. way different than an a "guest" talking to a "guest". there is way more worse said in whispers in the school hall way than you read in here. only a fraction of what i read do i think might possibly be true. most people don't give it a second thought.
You make a good point. The possibility of being talked about on here is probably remarkably slim compared to being talked about in the schools, but unlike in the halls in the schools, a message board like this one presents a new forum for someone to come on here and type whatever they want without being held accountable for it.

It's also more far-reaching than the gossip in the halls. I don't even know any of these people that get talked about on here, but I get the gossip, well, the headlines to the topics. I don't read any that look like gossip.

Like you, I don't believe what I read about someone, but not everyone is like that. Some people read things and automatically believe them without considering the source or the likelihood of the statements.

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