Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: SgtHooper
>>It will depend largely on whether Jim is considered a public figger under the New York Times standard. If so, he will find it difficult to win.

http://journalism.about.com/od/ethicsprofessionalism/a/libel.htm
Libel:

Exposes a person to hatred, shame, disgrace, contempt or ridicule.
Injures a person’s reputation or causes the person to be shunned or avoided.
Injures the person in his or her occupation.

Examples might include accusing someone of having committed a heinous crime, or of having a disease that might cause them to be shunned.

http://marketing.about.com/od/defamation-libel-slander/a/to-sue-or-not-to-sue.htm (Public figures)

That means the person or media organization making the false statement knew it was false but published it anyway, or should have known it was false. That they demonstrated “reckless disregard for the truth” – they didn’t check, or they didn’t care.


KO knew there was no rape allegation. He reported on the case before, more or less correctly. What'll be his defense for referencing a non-existent allegation of rape? Whatever it is, how believable will it be when O'Keefe's lawyers claim he did it out of malice and for the sensationalist value, knowing it was false?

34 posted on 02/29/2012 10:54:01 PM PST by expat1000
[ Post Reply | Private Reply | To 32 | View Replies ]


To: expat1000

This is one of the attributes of British law that I think the US should more closely emulate. When defamatory comments like this are made, it should be clearly compensible under US laws. The First Amendment has been sodomized over the years, and this would reign it in a bit.


35 posted on 03/01/2012 12:45:56 AM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
[ Post Reply | Private Reply | To 34 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson