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AmishSpeedGoat
Joined: 21 May 2006 Posts: 1124 BNet Acct/Realm: Yes
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Posted: Wed Nov 05, 2008 10:55 am Post subject:
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Well even if they did sue for slander your defense could be based on a matter of opinion in which case they cant charge you with anything.
Not to mention court fees and lawyers would cost money so really it would be a waste.
As far as the school goes, they cant do anything to you. You were on a website not owned by them, and you were expressing political views, which the school cant say anything about. Short you being on the schools laptop/computer and directly insulting that kid there isnt anything the school can do.
That kids just a big mommas boy. Seriously if his mom has to fight his battles make it clear to him that he is a douche bag. Lol.
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Wank
Joined: 01 Nov 2005 Posts: 3329 BNet Acct/Realm: Imp StormsRaider
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Posted: Wed Nov 05, 2008 2:39 pm Post subject:
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I just call him a pussy, lol.
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Grim04
Joined: 05 May 2004 Posts: 4197 BNet Acct/Realm: Grim04/UWNL
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Posted: Wed Nov 05, 2008 11:27 pm Post subject:
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AmishSpeedGoat wrote: | Well even if they did sue for slander your defense could be based on a matter of opinion in which case they cant charge you with anything. |
That defense doesn't work with defamation. You can't call someone a pussy or other insult and say it's a matter of opinion and expect the suit to be thrown out.
Libel/slander is easy to prove... since Libel is in written form and that's physical evidence, and in order for it to be slander there needs to be a 3rd party that understood what you were saying so you'll always have a witness against you.
If someone has a good lawyer, there's more than likely going to be a payout. It's normally a small sum, but I've seen large ones.
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AmishSpeedGoat
Joined: 21 May 2006 Posts: 1124 BNet Acct/Realm: Yes
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Posted: Thu Nov 06, 2008 5:33 am Post subject:
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Grim04 wrote: | That defense doesn't work with defamation. You can't call someone a pussy or other insult and say it's a matter of opinion and expect the suit to be thrown out. |
If you allegedly claim that your defamatory statement was expressed as an opinion and not a fact, then there really isnt much the court can do because its your opinion. In which case all you have to do is prove that whatever statement was said about the party sueing you, was false. (Pinch him on the arm, if he doesnt shrill like a girl case closed).
Sally Soccermom cant sue Billy Bumblefuck because he teased her kid. Unless it was either physical or a form of public humiliation (which myspace private messages, are not) like making fun of them in the school newspaper with the intent on hurting them.
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Grim04
Joined: 05 May 2004 Posts: 4197 BNet Acct/Realm: Grim04/UWNL
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Posted: Thu Nov 06, 2008 7:59 pm Post subject:
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The courts don't care if it's an opinion or not, they can still pursue damages if it's an opinion.
Of course it's your opinion, that's a given.
He insulted his mother on her son's MySpace. She can prove that there's a 3rd party involved, libel because it's written, and that it caused damages to hert for losing credibility as an adult figure in the kid's eyes.
These are easy law suits, if you have a good lawyer you can sue for practically anything.
It doesn't need a malicious intent for them to collect damages.
Also if it wasn't an opinion, they couldn't sue.
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Wank
Joined: 01 Nov 2005 Posts: 3329 BNet Acct/Realm: Imp StormsRaider
57.98 Silvarrr
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Posted: Thu Nov 06, 2008 8:39 pm Post subject:
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Quote: | Also if it wasn't an opinion, they couldn't sue.
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Pretty sure everything I said was a fact, as far as I'm concerned.
Anyways, I think he's too afraid to actually do anything; it was all probably a scare tactic to make me stop putting him on blast.
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lld_newb
Joined: 19 Mar 2006 Posts: 2423 BNet Acct/Realm: Deserves a spam section.
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Posted: Mon Nov 10, 2008 4:57 am Post subject:
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GTFO
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AmishSpeedGoat
Joined: 21 May 2006 Posts: 1124 BNet Acct/Realm: Yes
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Posted: Mon Nov 10, 2008 11:55 am Post subject:
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Grim04 wrote: | The courts don't care if it's an opinion or not, they can still pursue damages if it's an opinion. |
Sure they care if its an opinion or not. Its how its presented. The court cares if the statement was trying to be presented as fact. Calling someone a name or presenting it as if it was a National Geographic article with pictures, "witnesses" etc are two completely different things.
Quote: | Of course it's your opinion, that's a given. |
Yes
Quote: | He insulted his mother on her son's MySpace. She can prove that there's a 3rd party involved, libel because it's written, and that it caused damages to hert for losing credibility as an adult figure in the kid's eyes. |
Yea but it was written over an internet blog, in which case there is a very high chance the court would deem it as slander rather than libel because it never went through a publication process and was in a casual format. And even so there is a very low chance a jury would deem wanks comments as "having malicious intent".
Quote: | These are easy law suits, if you have a good lawyer you can sue for practically anything. |
Slander is one of the hardest cases to prove. It takes ALOT more to prosecute a slander case than it does to defend.
Quote: | It doesn't need a malicious intent for them to collect damages. |
Thats practically the only damage they can sue for in this case, and even then it wouldnt get anywhere. How many cases are made each day for things like these, with people thinking that because they got called a name they can sue the person for all they are worth. Cases like this would be a joke and wouldnt get anywhere.
Quote: | Also if it wasn't an opinion, they couldn't sue. |
That is true, i shouldve of worded it better. But i really dont feel as if i need to add "with/without malicious intent" every time.
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Grim04
Joined: 05 May 2004 Posts: 4197 BNet Acct/Realm: Grim04/UWNL
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Posted: Mon Nov 10, 2008 9:18 pm Post subject:
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You don't need malicious intent.
I've seen the cases and the payouts were there was not any malicious intent.
They'd still deem it libel, since it's written form.
Doesn't matter if it's written on a piece of notebook paper or online, still libel.
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hero-lld
Joined: 13 Jan 2005 Posts: 915
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Posted: Wed Nov 12, 2008 3:37 am Post subject:
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fight fight fight fight fight
use some of your llding techinques...that ought to show him!
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AmishSpeedGoat
Joined: 21 May 2006 Posts: 1124 BNet Acct/Realm: Yes
38.99 Silvarrr
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Posted: Wed Nov 12, 2008 10:58 am Post subject:
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Grim04 wrote: | You don't need malicious intent.
I've seen the cases and the payouts were there was not any malicious intent.
They'd still deem it libel, since it's written form.
Doesn't matter if it's written on a piece of notebook paper or online, still libel. |
Well there are always exceptions to the rule i guess. And ive heard of cases were they deemed internet blogs as slander rather than libel because it was never published.
Im not lawyer so I dont know all the who-ha about this. All i know is that im going to taco bell later and its gonna be saweeeet. Thats all i know.
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Grim04
Joined: 05 May 2004 Posts: 4197 BNet Acct/Realm: Grim04/UWNL
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Posted: Wed Nov 12, 2008 7:23 pm Post subject:
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Well I really only here the high payout cases, where people with good lawyers sue for random stuff.
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FudGe
Joined: 04 May 2004 Posts: 4079 BNet Acct/Realm: *MaStEr_FuDgE, jacquesstrap on D2JSP
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Posted: Thu Nov 13, 2008 10:24 am Post subject:
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Silly emo children and their MySpace.....
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Jerkazoid
Joined: 06 Feb 2004 Posts: 2902 BNet Acct/Realm: wscl
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Posted: Thu Nov 13, 2008 11:40 am Post subject:
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FudGe wrote: | Silly emo children and their MySpace..... |
(//_-)
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xxx-baba-xxx
Joined: 12 Feb 2008 Posts: 31
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Posted: Mon Nov 17, 2008 6:28 pm Post subject:
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libel needs to be untrue, nothing you said would be considered such.
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