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DEFAMATION -- LIBEL AND SLANDER [Florida Law - FReepers Heed]
Florida Bar Association ^

Posted on 10/24/2003 10:14:40 AM PDT by Chancellor Palpatine

Edited on 10/24/2003 12:02:17 PM PDT by Lead Moderator. [history]

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To: John Beresford Tipton
He's an attempted murderer until she dies. Then he's a murderer.

41 posted on 10/24/2003 10:47:03 AM PDT by Bikers4Bush
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To: TheBigB
If he or his evil lawyer want to take me on, let 'em try. But fair warning...the only ones they usually try to take out are the weak and sick. I'm 6'3", 230 pounds, healthy, and I hit back. Hard. - TheBigB

If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.

42 posted on 10/24/2003 10:47:13 AM PDT by RGSpincich
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To: ckca
If people didn't have to be so careful with their speech, then why is it that journalists in print and on television always used the words "alleged" when talking about a victim or a suspect? Wouldn't the same rules apply to everyone, when discussing a case like Schiavo?
43 posted on 10/24/2003 10:47:17 AM PDT by Pan_Yans Wife (You may forget the one with whom you have laughed, but never the one with whom you have wept.)
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To: dead
And he's definately a rapist.
44 posted on 10/24/2003 10:47:25 AM PDT by Bikers4Bush
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To: jwalsh07
Well hell, if that is the case you should have been wherever "there" is a long tome ago.

Ooh, that's gonna leave a mark...

45 posted on 10/24/2003 10:47:38 AM PDT by dirtboy (Now in theaters - Howard Dean as Buzz Lightweight - taking the Dems to Oblivion and Beyond in 2004!)
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To: onyx
OBVIOUSLY, Chancellor Palpatine posted this to "protect" this forum

Wrong. Palpatine despises those conservative activists who helped overturn the judicial fiat of one of his fellow lawyers/judges. He is a euthanasia proponent who has witnessed his agenda taking a major bitch slapping from the citizens of this country.

This is a personal vendetta by Palpatine against fellow FReepers with whom he disagrees and for whom he holds nothing but contempt.

46 posted on 10/24/2003 10:47:49 AM PDT by ckca
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To: dead
You can no more be sued for calling Schiavo a murderer than you can be sued for calling Clinton a rapist.

Part of it would depend upon whether Shiavo can be deemed to have become a public figure yet by the court.

47 posted on 10/24/2003 10:48:12 AM PDT by dirtboy (Now in theaters - Howard Dean as Buzz Lightweight - taking the Dems to Oblivion and Beyond in 2004!)
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To: ckca
Why would you think this is only about Michael Schiavo? Plenty of cases have been discussed here, some much more heated than the Schiavo case (I'm thinking Elian)....Elizabeth Smart, the Westerfields, the Christines, Kobe, Scott Peterson, with many more to come. And I do remember a couple freepers who got visits from the USSS during the very heated impeachment era. And boy, don't even get started on the Bush-Gore election & recount.

What was posted was a general overview of defamation law.

48 posted on 10/24/2003 10:48:17 AM PDT by Catspaw
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Comment #49 Removed by Moderator

To: Paul Ross
And that does what, exactly?

First, if the Reagans wished to sue, they likely could, although as "public figures" it's much harder for them to sustain a suit. And no, Schiavo does not count as a public figure simply because you've latched on to his cause.

Second, "they're doing it, so can I" didn't work on the playground, so what makes you think it will work in grown-up land?
50 posted on 10/24/2003 10:48:35 AM PDT by TheAngryClam (Don't blame me, I voted for McClintock.)
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To: ckca
Get a grip, newbie.

The ACLU has joined Michael Shiavo (according to an article posted here) and that LEFT-WING group would love nothing more than to shut-down FREE REPUBLIC.

Your agenda fogs any ability, (however slight) that you might have to think clearly.
51 posted on 10/24/2003 10:49:39 AM PDT by onyx
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To: ckca
This is one of the most vile attempts at censorship I've ever witnessed here.

It is a warning not censorship. Actually if some Freepers would take some personal responsibility in their own posts, a warning would not be necessary! What I have read on these threads about the Florida case is unbelieveable -- didn't some of you ever hear of using facts?

Why the outrageous attacks on someone you don't agree with -- that is over the top IMHO! Must be nice to not feel you have to take responsibility for what you say because you can hide behind a screen name.

52 posted on 10/24/2003 10:49:46 AM PDT by PhiKapMom (AOII Mom -- Don't forget to Visit/donate at http://www.georgewbush.com)
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To: Catspaw
Slander is spoken word, libel is written word.

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

53 posted on 10/24/2003 10:50:05 AM PDT by jwalsh07
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To: Porterville
Funny how you loved the law when you wanted to "protect" Terri Schiavo's life, and wanted to send her husband to jail, and when the law asked for the tube to be reinserted.

Have you any principles, or are you just the conservative equivalent to the average ACLUer?
54 posted on 10/24/2003 10:50:26 AM PDT by TheAngryClam (Don't blame me, I voted for McClintock.)
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To: Chancellor Palpatine
Schiavo is an adultering, insurance scamming liar who is in the process of murdering his wife.

55 posted on 10/24/2003 10:51:26 AM PDT by Bikers4Bush
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To: dirtboy
No, you can't be sued , arrested or pilloried in America for offering up opinions despite what Palpatine wants some to think.
56 posted on 10/24/2003 10:51:34 AM PDT by jwalsh07
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To: ckca
Jim Robinson has stated in the past that even if under subpoena he would NEVER reveal identifying confidential information about individual FReepers.

As I remember, a FReeper got a visit from the Secret Service for a perceived threat against Clinton, and the name of that FReeper was furnished to them by Jim.

57 posted on 10/24/2003 10:52:21 AM PDT by sinkspur (Adopt a dog or a cat from a shelter. You will save one life, and may save two.)
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To: TheAngryClam
First Amendment is non-negotiable, if you have a question about the First check the Second.
58 posted on 10/24/2003 10:53:02 AM PDT by Porterville (American First, Human being Second; liberal your derivative lifestyle will never be normalized.)
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To: sinkspur
Good for Jim. It mustn't have been pleasant to be questioned by the Secret Service.
59 posted on 10/24/2003 10:53:19 AM PDT by Pan_Yans Wife (You may forget the one with whom you have laughed, but never the one with whom you have wept.)
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To: jwalsh07
No, you can't be sued , arrested or pilloried in America for offering up opinions despite what Palpatine wants some to think.

That's not correct - however, the threshhold for libel and slander are quite high in this country, as opposed to Britain - and whether or not someone is a public figure also plays into just how high the threshhold is.

60 posted on 10/24/2003 10:53:37 AM PDT by dirtboy (Now in theaters - Howard Dean as Buzz Lightweight - taking the Dems to Oblivion and Beyond in 2004!)
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