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

Florida Bar Association ^

[John Beresford Tipton]

The "reckless" test is for media defendants, or for puitive damages for implied malice. An individual who says "X is a murderer" would have to prove that X was in fact a murderer if sued, regardless of how reasonable the conclusion had appeared to the speaker.

[Modernman]

And to opine in America , which is what we do here, is Constitutionally protected speech not subject to defamation laws.

Unless the opinion crosses the line into statement of fact: "jwalsh07 is a jackass" is an opinion. "jwalsh07" is a child molestor is a libelous statement of fact.

(I don't believe either of these statements, btw)

[WackyKat]

No, you can't be sued , arrested or pilloried in America for offering up opinions despite what Palpatine wants some to think

Wrong. Palpatine knows the law, you don't.

Statements some here have made about Schiavo are clearly defamatory.

If Schiavo is the evil, greedy man some here say he is, then he would dearly love to make some spending money by filing defamation suits, wouldn't he?

[TheAngryClam]

Wrong.

I don't speak for the Chancellor on this issue, and have disagreed with him rather louding in the past, but we remember the days when Conservatives were pleased with the rule of law.

[dead]

He was not found guilty of murder, because you cannot be charged with murder in a civil court.

Still, OJ is a murderer.

[Dixielander]

Are you trying to change my opinion that Michael and his henchmen are evil? If so, it won't work. Truth hurts, doesn't it?

[John Beresford Tipton]

Why then mention the "Federal supeona"
because a defendant can be sued in federal court in florida, which would apply florida substantive law. Also with a Federal subpoena you can pay a fee and it gets served by a federal marshal.

[Chancellor Palpatine]

"Federal subpoena" would reflect the most advantageous and fastest way to get IP addresses, confidential info and pulled posts via a Federal diversity suit. Possibly a class action - which thought just entered my head, but which is probably deficient in some way. Those later discovered to reside within Florida could be pursued at leisure, but those pursued out of state would undoubtedly be pursued Federally for ease of enforcement of judgments.

[Pan_Yans Wife]

That's my point. He was not found guilty of murder in court.

You can say, "in my opinion, he is a murderer". But you cannot say "he IS a murderer", and expect it to hold up in an anti-defamation lawsuit.

I don't think OJ is going to sue you. But, I would worry about Felos and Schiavo.

[zeugma]

He doesn't leave home without them! I can't think of someone who takes a more consistantly statist stance on this board than Chancellor Palpatine.

[PleaseNoMore]

Felos and schiavo have a lot of threads to go through...

[inquest]

Wrong.

No, ckca has it exactly right. This isn't the first temper-tantrum thread this particular troll has started over what happened in Florida. He's obviously very upset about it.

[Catspaw]

Why then mention the "Federal supeona" while cutting and pasting up Florida law?

The post was not specific to Florida law, but to defamation law in general.

[lonevoice]

If Schiavo is the evil, greedy man some here say he is, then he would dearly love to make some spending money by filing defamation suits, wouldn't he?

Then he better get busy filing lawsuits against deep pockets like Sean Hannity and Glenn Beck instead of sending his apologists to Free Republic.

[Pan_Yans Wife]

They could just subpoena FR's records, even get the pulled posts, I assume.

[Modernman]

OJ was found guilty in civil court.

You can't be found "guilty" in civil court- he was found liable in a civil suit.

Anyway, I'm comfortable saying OJ is a murderer- if he wants to sue me, I can rely on the finding in the civil suit he lost to show that my statement was true.

[MHGinTN]

Palpatine and his lawyer butties are ticked off because the Florida Legislature has proven the activist courts to have limits which the elected representatives can set and are beginning to set. The taboo structure of our society has been raped and pillaged by the lawyers and activist judges for too long. Now, as some limits are beginning to arise, the self-appointed societal engineers (like Palpatine and his lawyer butties) are pissed because they will not have free run to mutate the society as fills thier pockets. Besides, Mr. Schindler invited the POS Michael Schiavo to sue him to give him the legal recourse to do 'discovery'.

[bvw]

Is J.B.Tipton a murderer? In my opinion, no. But that's just my opinion.

[Chancellor Palpatine]

They could just subpoena FR's records, even get the pulled posts, I assume.

Yup, including all IP addresses ever logged under - which gives you the whole enchilada.

[Pan_Yans Wife]

Exactly... you have the civil suit to back you up.

I don't think it would bother Schiavo at all to sink so low as to sue Freerepublic, Glenn Beck, and everyone else under the sun. He has a pretty good track record, so far. He has prevailed much further than anyone would have thought he would. And I do think Felos would enjoy the challenge. They would love the publicity.

I do think that the Schindlers should be extremely concerned about being sued for slander by Schiavo. They need a new attorney.