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We Don't Need Bad Law
Townhall.com ^ | January 24, 2018 | Walter E. Williams

Posted on 01/24/2018 6:59:03 AM PST by Kaslin

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1 posted on 01/24/2018 6:59:03 AM PST by Kaslin
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To: Kaslin
Our nation does not need stronger laws against libel. To the contrary, libel and slander laws should be repealed. Let's say exactly what libel and slander are. The legal profession defines libel as a published false statement that is damaging to a person's reputation. Slander is making a false spoken statement that is damaging to a person's reputation.

Someone needs to re-watch Absence of Malice.

2 posted on 01/24/2018 7:01:06 AM PST by Yo-Yo (Is the /sarc tag really necessary?)
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To: Kaslin

So if I post on FB “Kaslin (real name) is a convicted child abuser” you think that should not be actionable?


3 posted on 01/24/2018 7:03:43 AM PST by freedumb2003 (obozo took 8 years to try to destroy us. Trump took 1 to rebuild us. MAGA!!)
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To: Kaslin

CNN Breaking News: “Trump eliminates freedom of speech. Details at 7pm.”


4 posted on 01/24/2018 7:05:07 AM PST by moovova
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To: Kaslin

On a humorous note, my wife employs blackmail everlasting times a week. As in every time I’m out of line she starts reminding me of every past misdeed until I give in to her demands. So do my children. Woe is me.

The only issue with libel, slander, is that you must go to court to clear you name. This takes $$ and as in the case of Gov Palin, the expense can be so disruptive and expensive one is unable to function in one’s duties or is bankrupted pursuing justice. The law should allow the victim to recover all expenses plus serious damages upon winning the case and include jail time for the libelous/slanderer.


5 posted on 01/24/2018 7:08:22 AM PST by Billyv ( Freedom isn't Free! Get off the sidelines!)
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To: Kaslin

“Does one’s reputation belong to him?”

Reputation is what we all have.

I don’t really believe Williams can believe what he just wrote.


6 posted on 01/24/2018 7:12:54 AM PST by odawg
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To: Kaslin

“Were it made a question, whether no law, as among the savage Americans, or too much law, as among the civilized Europeans, submits man to the greatest evil, one who has seen both conditions of existence would pronounce it to be the last; and that the sheep are happier of themselves, than under care of the wolves.”

—Thomas Jefferson: Notes on Virginia Q.XI, 1782. ME 2:129


7 posted on 01/24/2018 7:14:12 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: Kaslin
The thoughts I have in my mind about others, and hence their reputations, belong to me.

Not correct, Mr. Williams. Your perception and subsequent impression are yours, but the reputation is based entirely upon the company/person in question. This is a legal definition that provides that the public at large have demonstrated a level of trust in a person or organization.

8 posted on 01/24/2018 7:14:33 AM PST by rjsimmon (The Tree of Liberty Thirsts)
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To: Kaslin
blackmail fits into the category of peaceable, noncoercive voluntary exchange, just like most other transactions. If I'm seen voluntarily giving up $10,000, the only conclusion a third party could reach is that I must have viewed myself as being better off as a result

I must disagree, and assume that "noncoercive" here means only that a gun isn't being pointed at me, that I'm not being dangled over the roof of a 10-story building, etc. "Give me $10,000 and I will not ruin your business" is certainly more like "Give me $10,000 and I will not shoot you" than "Give me $10,000 and I will give you the car I'm advertising on Craigslist".

9 posted on 01/24/2018 7:17:07 AM PST by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Kaslin

One of the few times I disagree with Walter Williams - maybe if someone would start spreading word he is a closet child molester, and it resulted in him being hounded out of his community and being ostracized from the places he likes to go, he would have to change his mind...


10 posted on 01/24/2018 7:19:22 AM PST by trebb (I stopped picking on the mentally ill hypocrites who pose as conservatives......;-))
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To: Kaslin

It sounds like jumping from the frying pan into the fire.

Truth belongs to everybody. It may not be wise to take Donald Trump’s proposal past the realm of rhetoric. But to de-sanction any and all false witness as long as it’s not sworn before a government body is to slouch towards that state of mind, most common in primitive societies, that the craftiest and most cunning liar wins.

We stand for some slander/libel sanctions because we don’t want truth to be devalued to the vanishing point.


11 posted on 01/24/2018 7:21:12 AM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: Billyv

Now THAT makes sense.


12 posted on 01/24/2018 7:26:26 AM PST by mairdie
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To: WayneS

And yet how far off the ground did each one get?

When we honestly reframe the pertinent riterion to be the glory of God, not just the self glory of an abstract freedom, we come to a different conclusion.

And anyhow we have the fallacy of the excluded middle. Europe may be too government centered for the glory of God, but mankind can vastly improve on how it found American Indians. Surely we may discard the bathwater without also discarding the baby.


13 posted on 01/24/2018 7:27:16 AM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: Kaslin
I would agree with Mr. Williams on the condition that dueling were made legal. His argument makes sense, except it assumes that the offending party is engaged in civil behavior.
By the very nature of a knowingly false statement intended to injure another, IMHO civil conduct is violated.
The injured party must have some way to recover, and numerous examples can be pointed to where bad behavior left unchecked continues and even worsens (that's you, MSM and others).
14 posted on 01/24/2018 7:28:14 AM PST by Tench_Coxe
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To: trebb

This surely seems a perilous time for him to put it to the test.


15 posted on 01/24/2018 7:30:29 AM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: Kaslin
Williams (as he calls himself) is usually good but he here looks at existing law and conventional morality through the economists' severely narrowed microscope, thus dropping the ball bigly.

This kind of thinking brings us things like free trade... Economists can 'prove' with crystalline logic that free trade ultimately benefits everyone to the highest degree (on average), and is the best solution to world trade.

Never mind that it drives wealthy nations' wages down to the world wide average.

But generally speaking, it is beneficial, right? Have we not all enjoyed the last 30 years of wage stagnation?

16 posted on 01/24/2018 7:33:13 AM PST by caddie (Tagline: Tag, you're it.)
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To: Tench_Coxe

If we could magically have a kind of dueling that also ensured the victory of the more truthful party.

To “sufficiently cunning lies make right” we would not want to add “might makes right.”


17 posted on 01/24/2018 7:33:20 AM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: Kaslin

Reputation is “The immediate jewel of my soul.”

What Iago had to say (if one can trust anything Iago has to say):

CASSIO
My reputation, my reputation! I’ve lost my reputation, the longest-living and truest part of myself! Everything else in me is just animal-like. Oh, my reputation, Iago, my reputation!

IAGO
As I am an honest man, I thought you had received some bodily wound. There is more sense in that than in reputation. Reputation is an idle and most false imposition, oft got without merit and lost without deserving. You have lost no reputation at all unless you repute yourself such a loser. What, man, there are ways to recover the general again. You are but now cast in his mood, a punishment more in policy than in malice, even so as one would beat his offenseless dog to affright an imperious lion. Sue to him again and he’s yours.

And later:

“Good name in man and woman, dear my lord,
Is the immediate jewel of their souls:
Who steals my purse steals trash; ’tis something, nothing;
’twas mine, ’tis his, and has been slave to thousands;
But he that filches from me my good name
Robs me of that which not enriches him,
And makes me poor indeed.”


18 posted on 01/24/2018 7:34:06 AM PST by rey
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To: caddie

Good point... We need the theologian and moral scholar here. Economics can at best be a subset of it.

Witness the debate about what MAGA means. Or maybe it should even be “Make America Great Like It Never Was Before.”


19 posted on 01/24/2018 7:37:47 AM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: HiTech RedNeck

I’m pretty sure Mr. Jefferson was using the two extremes in order to make a case that fewer laws is better than more laws. I don’t think his intent was to be taken literally.

Regarding the “pertinent criterion” being the glory of God rather than some “abstract freedom”, you appear to have a fundamental misunderstanding of the intended role of the government in the lives of U.S. citizens. Our Constitution is structured to protect individual liberty, not to promote the glory of God.


20 posted on 01/24/2018 7:37:51 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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