Slander, Libel & Privacy 101

---

-
Is BlaBla-A's act of copying and pasting BlaBla-B's quotes an act of "libel?"

No. Not even a little. Libel, like slander, is a form of defamation of character. However, unlike slander, libel entails written defamation. Libel is not an issue here for the following two (2) reasons:

A. I'm fairly sure BlaBla-B's screen name is not their given, legal, Christian name. Since we don't know who they actually are, libel is not applicable under any circumstance.

B. Truth is an absolute defense in any libel case. If it's "true," it's not "libel."

C. "Libel" and "Liable" are NOT the same d@mn thing.
-- Libel = defamation of character
-- Liable = responsibility for an act or action

For the record... A is situationally dependent and B is by no means absolute.

The "truth" is what's known as an "affirmative defense" in any libel case. Coupled with the First Amendment, the "truth" is an absolute defense.

Trust me.

If your knowledge is supposed to earn my trust... no dice.

Depending on state laws, situations can occur like Noonan v. Staples

Edited to add: The thing about absolutes is that they aren't so absolute.

The only issue raised by Noonan vs Staples, Inc. is a question of competency of counsel pursuant to the defendant's failure to raise the First Amendment as an irrefutable base-argument and affirmative defense, which by chance, they later petitioned to remedy, but were denied on the basis of procedure, not precedent.. In my opinion the court was in err by assuming a state-level statute from 1902 was "Constitutional," prima facie.

When and if that case is further appealed, Noonan will lose.

I will take my years of experience, the First Amendment to the Constitution, volumes of case law and thousands of quashed libel cases over a single, mishandled case you Googled, any day of the week.

Next.

Is someone going to spot my medical bill for the f--king aneurysm I got reading this. Too much smart stuff, or at least too many words. Can we go back to boobs and bacon please, or least throw in a math problem so I can play. Words don't work for an engi-nerd like me.

But it is fun to watch you talk.

Plus I agree with Gorilla. I never argue with a man whose ears touch his shoulders.

[/quote]
You can assume a court is in error, but that doesn't change the verdict. I will also take my years of experience over yours. However, feel free to assume and proclaim that I just "google" things. I mean you are the only attorney online, so it's by no means possible that someone else could know case law.

For the record, I never said that truth isn't a good defense. I merely pointed out your error in telling people online that it's an "absolute" defense. I also pointed out that A isn't set in stone either. Despite your disclaimer, some people will actually take what you say as advice. Either aim for better accuracy or don't post legal "non"-advice online.
[/quote]

*Eating popcorn*

Kids, go to bed. This is about to get AWESOME.

I get a kick out of everything Gorilla posts!! :laugh:

Don't flatter him...it only encourages him.

I get a kick out of everything Gorilla posts!! :laugh:

Don't flatter him...it only encourages him.

You...tall chick...shup.

See? He's all flustered and can't spell properly.

Hmm. So it sounds like when I threatened to sue my ex's wife for libel, I think I might have actually known what I was talking about. She posted my picture on a social networking site without my permission, with a caption beneath that stated I was the woman who was trying to steal her husband (which I was not). I had no idea it was there until I came across it by accident one day, and had no idea how long it had been there. For months after it was taken down, I stalked her page to see if it had gotten put back up (it never was - good thing for them).

Interesting stuff. Thanks for the 101, abogado guapo.

Are you short? Just wondering....

6'3

pfft

I wouldn't lie to you, banana-person.

Pfft again. You're a lawyer. it just means you're better at lying than the average Joe.

No, it means that I'm better at propagating a manifestation of the truth, slated in favor of my particular argument, at any given moment.

LOL...Love this reply!!!

No, it means that I'm better at propagating a manifestation of the truth, slated in favor of my particular argument, at any given moment.

Right here.

I took a Constitutional Law class last year and we briefly discussed libel and whatnot. I seem to recall (correct me if I'm wrong) that libel is only something that the press can do. I know there was something that it is impossible for a private citizen to do to another private citizen... I would check my notes or my books but they're not here.