DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed]

Florida Bar Association ^

[Chancellor Palpatine]

Yep, 'tis all too true.

[honeygrl]

"Get a grip, newbie. "

The person has been here almost 10mths. That's not really "newbie."

[Old Professer]

Based on many months of reading your posts, I have drawn a general conclusion about your heritage, level of intelligence and personality, but far be it for me to state them here after having had your timely warning.

[TheAngryClam]

asked and answered.

A federal court, sitting in diversity jurisdiction over a state claim, will apply state law.

[dead]

I am envisioning MULTIPLE lawsuits! The ACLU is now on the side of Schiavo.

What could be funnier than the ACLU joining in suing people for expressing themselves in an internet chat forum?

[Jrabbit]

Have you warned freepers of this before on other threads? If not, why not?

[honeygrl]

If you would like some facts see http://webpages.charter.net/honeygrl/terri.txt

It's got all the legalese up to Sept 9th regarding the case.

[Catspaw]

Interesting.

But a California state court ruling would only merit a footnote in a federal lawsuit.

[Always Right]

"Federal subpoena" would reflect the most advantageous and fastest way to get IP addresses, confidential info and pulled posts via a Federal diversity suit applying substantive Florida law. Those who made the comments from outside Florida can get sued in US District Court in Florida, those who live in Florida can get sued there.

But wouldn't you be sued under federal law and not Florida law? I am no lawyer, but it doesn't make sense that a Federal court would rule using Florida law.

[Pan_Yans Wife]

They would do it! Don't put it past them. They don't stand on principle... their only goal is to win cases.

[Modernman]

Ever hear of federal diversity jurisdiction?

I doubt he could get complete diversity, since there are Florida FReepers. The plaintiff must have complete diversity from ALL defendants. However, he could get around this by suing non-Florida FReepers separately.

[general_re]

Has anyone ever been successfully sued for a comment made over the internet on a message board or discussion group?

Here's one.

[Old Professer]

In some jurisdictions it is actionable to falsely accuse someone of slander or libel.

[Bikers4Bush]

LOL!!!

[Always Right]

What could be funnier than the ACLU joining in suing people for expressing themselves in an internet chat forum?

The ACLU never blinks at attacking free speech. Just ask arbortion protestors.

[Porterville]

Have you ever been on another board anywhere on the net??? Check out the DU or any gamer spot.... we are harmless pinheads in tone compared to those vicious-rabid-communist-dogs (ooh, I hope nobody is offended by me calling the DU a bunch of socialist that suck) I wouldn't worry about a wesite where I bet FBI, Military, Police, Firefighters, Priest, Business people, and Lawyers hang out.

This site has the muscle behind it's mouth... we are like Mr. Miaghi.

[Chancellor Palpatine]

my point is that there have been a lot of accusations and allegations thrown around as if fact, yet not really known by the folks spreading them. Its one thing to come up with principled opposition and to advocate that strongly, it is another to make direct allegations and present that as truth, when you have no actual knowledge of it and haven't bothered checking.

It contributed to a hothouse atmosphere, and was used to put the pressure on the legislators and Jeb, without regard to evidence.

[TheAngryClam]

The Erie decision made it clear that there is no general federal common law, so there is likely no federal libel law to cite.

Diversity jurisdiction is always over claims arising from state law, and often the substantive state law applies (subject to various weird rules that you pick up in Civil Procedure class).

[John Beresford Tipton]

A federal court sitting in a diversity case, i.e. between residents of different states applies the state substantive law (of the state which has the closer nexus to the litigation). This was decided by the US Supreme court before the War in a famous case called Erie v. Thompkins.

[Pan_Yans Wife]

DU wouldn't be targeted. But FR would be a legitimate political target for Felos. I do think that Florida has felt the brunt of some of our activism in the past, and I don't think the Democrats in Florida have forgotten the 2000 election.