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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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Take heed folks - hiding behind screennames will not defeat a Federal subpoena.
1 posted on 10/24/2003 10:14:41 AM PDT by Chancellor Palpatine
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To: Catspaw; Greybird; onyx; ambrose; PhiKapMom; TheAngryClam
ping!
2 posted on 10/24/2003 10:15:24 AM PDT by Chancellor Palpatine
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To: Chancellor Palpatine
saving for later after the cosmic events...
3 posted on 10/24/2003 10:17:42 AM PDT by getmeouttaPalmBeachCounty_FL (Only those with backbones can stand up for us.)
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To: Chancellor Palpatine
Superb and much needed post. Take heed people and FR.
4 posted on 10/24/2003 10:19:45 AM PDT by onyx
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To: Catspaw; Greybird; onyx; ambrose; PhiKapMom; TheAngryClam
Here is an opinion made in employment matters, but somewhat applicable here.To defeat a qualified privilege, a plaintiff must show malice in fact or express malice. Express malice in Florida is ill will, hostility, or evil intent to defame. Disseminating defamatory information to too wide of an audience also can defeat a qualified privilege. So, in a recent Florida case, a jury was called upon to decide whether an employer's qualified privilege continued to exist where the employer made a false statement to over 20 employees who had no “need to know.”
5 posted on 10/24/2003 10:19:55 AM PDT by Chancellor Palpatine
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To: Pan_Yans Wife
ping
6 posted on 10/24/2003 10:22:05 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: Chancellor Palpatine; Jim Robinson
hiding behind screennames will not defeat a Federal subpoena

I think Jim Robinson has stated in the past that even if under subpoena he would NEVER reveal identifying confidential information about individual FReepers.

And posting legal threats like this should be carefully considered by Jim Robinson as an open threat against Free republic itself and an attempt to stifle pro-life views contrary to your own sick views.

And if you are a lawyer, that should weigh even more against you in Jim Robinson's evaluation of these attempts to censor views with which you disagree.

But I feel certain you're taking names anyhow.

You working for the ACLU or Attny Felos himself?

7 posted on 10/24/2003 10:22:46 AM PDT by ckca
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To: Chancellor Palpatine
Thanks for posting this -- sure hope some Freepers can get it through their head that their freedom of speech doesn't mean you can slander someone else and not have consequences. Some people need to stop and think before they post ludicrous statements that I have seen recently!

Everyone should read and heed your thread -- Moderators should pull the posts of people who don't heed your warning and continue to post slanderous statements!
8 posted on 10/24/2003 10:23:17 AM PDT by PhiKapMom (AOII Mom -- Don't forget to Visit/donate at http://www.georgewbush.com)
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To: Chancellor Palpatine
Got your jackboots on today Palpatine?
9 posted on 10/24/2003 10:24:44 AM PDT by jwalsh07
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To: ckca
Reality bites. I figure that if people are going to make vitriolic statements, they need to be aware of consequences. As for the material itself, take that up with the Florida bar - they wrote the first piece.
10 posted on 10/24/2003 10:25:12 AM PDT by Chancellor Palpatine
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To: Chancellor Palpatine
In my opinion...Michael Schiavo is a lying, murderous, money-grubbing, hypocritical, evil-through-and-through bag of festering pus. 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.
11 posted on 10/24/2003 10:25:22 AM PDT by TheBigB (Remember ladies...spandex is a privilege, not a right.)
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To: ckca
Your statement is ludicrous in itself -- you cannot hide behind a screen name for long. From what I read of your comments you expect Jim to have to go to jail for refusing to divulge names so that some Freepers can continue to make libelous statements? If that what you are saying?

12 posted on 10/24/2003 10:25:22 AM PDT by PhiKapMom (AOII Mom -- Don't forget to Visit/donate at http://www.georgewbush.com)
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To: jwalsh07
All shined up and ready to kick.
13 posted on 10/24/2003 10:25:38 AM PDT by Chancellor Palpatine
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To: MarMema
please ping those opposed to euthanasia so that they may see and respond to this blatant and sinister attempt to stifle activism and free speech on Terri's behalf, by an obvious supporter of euthanasia who openly despises Terri's defenders here.
14 posted on 10/24/2003 10:26:48 AM PDT by ckca
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To: Chancellor Palpatine
Figures.
15 posted on 10/24/2003 10:27:20 AM PDT by jwalsh07
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To: PhiKapMom
Jim Robinson has stated in the past that even if under subpoena he would NEVER reveal identifying confidential information about individual FReepers.
16 posted on 10/24/2003 10:27:45 AM PDT by ckca
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To: TheBigB
I'm sure your size would impress any the mailman who serves garns on your bank account and wages, as well as the person who will carry the judgment lien to file against your home down at your local deed room.

Assuming, of course, that some action flows.

17 posted on 10/24/2003 10:28:31 AM PDT by Chancellor Palpatine
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To: PhiKapMom
I use my own name, always have, always will. Palpatine is making an obvious effort to cool speech here at FR since the death cultists have been knocked on their heels.
18 posted on 10/24/2003 10:28:55 AM PDT by jwalsh07
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To: Chancellor Palpatine
Before you rant anymore about conservatives defamation, look what is about to be broadcast to 35 million households by CBS in a mini-series.

Reprinted from NewsMax.com
Friday, Oct. 24, 2003 11:13 a.m. EDT

Michael Reagan: CBS Portrays President as Foul-mouthed Buffoon

The upcoming CBS miniseries on President Ronald Reagan portrays him as a foul-mouthed buffoon who repeatedly used profanity - behavior he never exhibited in real life, his son Michael said Thursday.

"It's horrendous, it's absolutely horrendous," Michael Reagan complained after viewing eight minutes' worth of excerpts of the film, which stars James Brolin, husband of Reagan-hater Barbra Streisand, as the 40th president.

"They paint my father as a buffoon," the former first son-turned radio host told fellow talker Sean Hannity. "They also have my dad taking God's name in vain in an angry, angry way. ... They have him calling another person in anger an S.O.B."

"I've never seen my Dad that angry and I've never heard him use the 'G-D' word in my life," Reagan complained.

"They dislike my father, and you can see that," he said. "They actually infer that Alzheimer's was setting in at the time the whole thing was going on with Ollie North and Iran-Contra - which is absurd."

The CBS film is even harder on former first lady Nancy Reagan, Michael Reagan revealed.

"All the bad things you've heard about Nancy - I mean, this show just hates her - absolutely hates her," he told Hannity.

Reagan called CBS's portrayal of Mrs. Reagan "obscene."

The former first son said he talked to Mrs. Reagan about the excerpts Wednesday night, saying, "Of course she's upset about it - we're all upset about it."

"The eight minutes' worth of clips that I saw [showed] Nancy as the head of the government and Dad was just the buffoon going along for the ride, with everybody laughing at him," Reagan said. "It is so sad."

Reagan said he sent a copy of the clips he viewed to the former first lady.

Editor's note:
Have an Opinion About This? Click Here to Send an URGENT PriorityGram Today or go to www.cbs.com and click on "feedback” at the bottom of the page.

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Read more on this subject in related Hot Topics:
Media Bias


19 posted on 10/24/2003 10:29:46 AM PDT by Paul Ross (Don't get mad. Get madder!)
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To: Chancellor Palpatine
I can call anybody I choose a murderer, and they can do the same.

For it to be libelous, I would have to know it to be false.

20 posted on 10/24/2003 10:33:38 AM PDT by dead (I've got my eye out for Mullah Omar.)
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