Posted by Racer on August 5, 2005, at 0:37:24
In reply to Lou's responsetoaspects o this thread-liklysuspec?, posted by Lou Pilder on August 4, 2005, at 23:53:57
First of all, there are fine lines and grey areas and all that in US law, and the laws of the US really only apply to people in the US. We'll all take that as given, yes?
As far as what is considered actionable when made public -- such as posted on a bulletin board -- there are distinctions: If I were to say something like, "Thomas Jefferson was a great man," that's OK, because it's pretty much opinion. It's something that that hypothetical Reasonable Person would recognize as an opinion, and so it's pretty safe from a legal standpoint. If, on the other hand, I were to say that he had done something specific -- "Thomas Jefferson wrote the Declaration of Independence," for example -- I would have to be very careful. That is not opinion, it's something I am presenting as fact.
Those are examples based on an historical figure, and it's good things. Let's make it negative:
"Rush Limbaugh Is A Big Fat Idiot" -- that's something I can actually say, especially since it's also the title of a book. If I were to say, though, something like "Rush Limbaugh is fat because he steals cream puffs from the little bakery called MomNPop down the street," well, that's not OK, because I've just made a specific claim that can be considered defamatory. But, if I could prove that it's true -- all the parts, that he is fat, that he steals the cream puffs, and that that is THE reason he's fat -- then I am a lot safer.
But you know what's really important here? There is such a backlash against "frivolous" lawsuits in the US that courts are starting to reprimand attorneys who bring questionable suits to court. And same goes for small claims court in some jurisdictions. No reputable lawyer is going to take on a case regarding something someone posts here on Psycho-Babble, unless we write something that is so specific, and so inflammatory, and we identify the person involved precisely. That means that we'd pretty much have to say, "It was the person named [x], who lives at number [y] [z] street, and was born on [date.]"
On the other hand, trying to bring a suit for defamation based on something posted here could conceivably lead to a judge punishing the plaintiff for bringing such a suit. Depending on the jurisdiction.
poster:Racer
thread:537380
URL: http://www.dr-bob.org/babble/admin/20050728/msgs/537709.html