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Article #413

Re: Watch out for flaming!

#413
From: Chet
Date: Fri, 29 Jan 1999 00:00
127 lines
6216 bytes
Umm... I stopped by your little website today and noticed someone had
posted a question to you on your discussion board asking you what did
I say that was libel.  

I also noticed it is now deleted.  Hmmm.....  So what did I say that
was libel?  And what is this about my father's company?

Darren since you refuse to talk to a lawyer it seems, let me spell
some  things out for you.  The below was taken from 
http://freeadvice.com/law/576us.htm
Please tell me, where did I cross the line?
I never attacked you personally.  When confronted with the facts you
chose to make some crazy remarks about my father and attack me
personally.  Please, tell me, read the below definitions, and respond.
On what grounds, and what did I say that you think you can sue me?  


WHAT IS "DEFAMATION"?
Defamation, sometimes called "defamation of character", is spoken or
written words that falsely and negatively reflect on a living
person's reputation. 
If a person or the news media says or writes something about you that
is understood to lower your reputation, or that keeps people
from associating with you, defamation has occurred. Slander and libel
are two forms of defamation. 

"SLANDER"
Slander is a spoken defamation.
"LIBEL"
Libel is a written defamation. Generally, radio and television
broadcasts that are defamatory are considered to be libel, rather than
slander. 

CAN I SUE SOMEONE WHO SAYS OR WRITES SOMETHING DEFAMATORY ABOUT ME?
In order to prove defamation, you have to be able to prove that what
was said or written about you was false. If the information is
true, or if you consented to publication of the material, you will not
have a case. However, you may bring an defamatory action if
the comments are so reprehensible and false that they effect your
reputation in the community or cast aspersions on you. 

WHAT ABOUT INSULTS AND EPITHETS? ARE THEY DEFAMATORY?
Generally, no. Usually they are seen as outbursts of emotion, with no
real substance, except to show intense dislike.

DON'T I HAVE A RIGHT TO EXPRESS MY OPINION?
Yes, so long as your statement of opinion is just an opinion, not
containing specific facts that can be proved untrue.

WHAT HAPPENS WITH REPORTERS AND THEIR STATEMENTS? ARE THEY PROTECTED?
Damages can be recovererd if the newspaper's story had inaccuracies in
the reporting of statements which hurt the reputation of
a person or business. The newspaper would be held responsible for its
story.

ARE MOVIE, THEATER, AND RESTAURANT REVIEWS PROTECTED FROM DEFAMATION
SUITS?
A fair critique of a restaurant, movie, TV show, or theater play is
not libelous, even though the comments or criticism are
disparaging and may result in a loss of business or reputation.

ARE THERE DEFENSES TO DEFAMATION?
Establishing the truth is the single most effective defense that can
be offered. If the remark is truthful and it "hurts", is
embarrassing, or subjects you to ridicule, there is little you can do.
Unfortunately, unless the remark is false, you have no recourse.



On Fri, 29 Jan 1999 06:40:30 -0500, "Darren I. Shrager"
<dis@apollodigital.com> wrote:

>I'd like to inform the public that this little boy, pounding on the keys of
>his dad's computer, is the one that is writing all this slanderous material.
>He came out of the blue, never provoked and never was one incident
>instigated.  He has some kind of ongoing vendetta against anyone who can do
>business better than his father's company.  This is sad.  Unfortunately, his
>damaging remarks are far reaching through not only me and my company (who
>too are innocent in such a absurd struggle) but also the dozens of other
>company's which we represent.  Folks, this is called slander, and in the
>United States, that is illegal.  The law is here to protect us from little
>sociopathic kids and the damage their "opinions" can do to small businesses.
>I thought you would all like to see just what I am talking about--take a
>look at some of the mail I have actually received from Chet himself, and
>determine for yourself whether what he has to say has any kind of merit
>whatsoever.
>
>>
>> So what is in my mail tonight?
>>
>Some quotes from everybody's favorite guy, Chet:
>
>
>>From: chet@murrayandsons.com
>>To: "Darren I. Shrager" <dis@apollodigital.com>
>>Subject: Re: AOL
>>Date: Mon, Jan 4, 1999, 4:40 PM
>>
>
>> I always take the time to email people who are such fucks they think they
>> can bullshit people...  Its people like you who ruin the Internet.
>> You take the newbies and show them such crap, treat them with
>> such disrepect that they are turned off.  Your time would be better
>> spent licking light poles today.
>
>
>
>>From: chet@murrayandsons.com
>>To: "Darren I. Shrager" <dis@apollodigital.com>
>>Subject: Re: AOL
>>Date: Mon, Jan 4, 1999, 4:21 PM
>>
>
>> I doubt the mentally handicapped would do as poor of a job making
>> a website.  Do you know why people will not partner with your site?
>>  It is pathetic.  It has nothing to do with Cleveland Live, and all to
>> do with what crappy site you run.
>
>>From: chet@oldmanmurray.com (Chet)
>>Newsgroups: cle.general
>>Subject: Re: Chat Room??
>>Date: Sun, Jan 3, 1999, 11:57 PM
>>>
>> Ecleveland is probably the lamest excuse for a site.  Oh and it is
>> sponsored or something by the TAB.  The cleveland TAB is where the
>> guys who are too dumb for the free times go to write.
>> 
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From: chet@oldmanmurray.com (Chet)
Subject: Re: Watch out for flaming!
Date: 1999/01/29
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