LIBEL and SLANDER

Have a bad day? Have a great day? Buy a new car? Get your car broken in to? This is the place to put it all out on the table. Let off some steam or show off in here.

LIBEL and SLANDER

Postby oldschool1 » Fri Apr 09, 2010 3:39 am

Libel and Slander

"Libel" involves the publishing of a falsehood that harms someone.

"Slander" is the same doctrine applied to the spoken word.

Collectively, they are referred to as "defamation". Both are a matter of state laws, which usually (not always) require that the falsehood be intentional.

In New York Times v. Sullivan, the Supreme Court held that the First Amendment requires that, before a public official can recover damages for a defamatory statement, he must prove it was made with "actual malice", even if state laws otherwise allow recovery for negligent defamation. The Court has since expanded this to cover not only public officials but "public figures", including individuals who involve themselves in controversies.

NOTE: Although libel is defined under state case law or statute, the U.S. Supreme Court has enumerated some First Amendment protections that apply to matters of public concern. In New York Times Company v. Sullivan , the Court held that in order to recover damages a public person (as a celebrity or politician) who alleges libel (as by a newspaper) has to prove that “the statement was made with ‘actual malice’ — that is, with knowledge that it was false or with reckless disregard of whether it was false or not” in order to recover damages. The Court has also held that the states cannot allow a private person to recover damages for libel against a media defendant without a showing of fault (as negligence) on the defendant's part. These protections do not apply to matters that are not of public concern (as an individual's credit report) and that are not published by a member of the mass media. A libel plaintiff must generally establish that the alleged libel refers to him or her specifically, that it was published to others, and that some injury (as to reputation) occurred that gives him or her a right to recover damages (as actual, general, presumed, or special damages). The defendant may plead and establish the truth of the statements as a defense. Criminal libel may have additional elements, as in tending to provoke a breach of peace or in blackening the memory of someone who is dead, and may not have to be published to someone other than the person libeled.

Sources:
http://www.spectacle.org/freespch/musm/libel.html
http://dictionary.reference.com/browse/libel
Last edited by oldschool1 on Thu Dec 22, 2011 6:03 am, edited 2 times in total.
Reason: Added NY Times involvement
User avatar
oldschool1
CLUB MEMBER
 
Posts: 8552
Joined: Fri Dec 26, 2008 10:01 pm
Location: Primos, Pennsylvania USA

Re: LIBEL and SLANDER

Postby oldschool1 » Fri Apr 09, 2010 11:53 pm

Fortunately, no.

The above was just a PSA.
User avatar
oldschool1
CLUB MEMBER
 
Posts: 8552
Joined: Fri Dec 26, 2008 10:01 pm
Location: Primos, Pennsylvania USA

Re: LIBEL and SLANDER

Postby eightlives » Fri Apr 09, 2010 11:55 pm

U.S. Constitution
Amendment 1 - Freedom of Religion, Press, Expression


Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
User avatar
eightlives
 

Re: LIBEL and SLANDER

Postby artbaileyjr » Sat Apr 10, 2010 1:55 am

eightlives wrote:U.S. Constitution
Amendment 1 - Freedom of Religion, Press, Expression


Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Yah? Hows THAT workin' out for ya???!!!
..... It's more about the people, than it is about the cars .....

Image
... 1988 LSC 5 spd - Shifty ............... 1990 LSC SE - Trusty ............... 1991 LSC SE - Dusty ...
http://www.hemmings.com/mus/stories/200 ... uide1.html
http://www.lincolnlandonline.com/index.html
1984 Base Turbo diesel, Silver - 1986 Bill Blass, Med Sandlewood, - 1988 LSC, Shadow Blue - 1988 LSC, Black, 5 spd -1988 Bill Blass, White - 1990 SE, Black
1991 SE, Black - 1991 LSC, Currant Red - 1991 LSC, White - 1991 SE, Currant Red. All straight, licensed, garaged and completely dependable.
User avatar
artbaileyjr
DECEASED MEMBERS
 
Posts: 6043
Joined: Sat Dec 27, 2008 1:09 am
Location: Southeast Idaho or Southern Ca, depending on the season!

Re: LIBEL and SLANDER

Postby eightlives » Sat Apr 10, 2010 3:09 am

good....
User avatar
eightlives
 

Re: LIBEL and SLANDER

Postby 2manymarks » Thu Apr 22, 2010 7:30 am

:? WTF :roll:
As of July2017, 11 Mark[*] VII's, 3 licensed for the road:
1989 LSC Midnight/Current Red c/c (9G) mostly stock 99k.
1989 LSC Midnight/Current Red c/c (9G) 124k, stock, needs air suspension & bodywork.
1989 Light Titanium c/c (11) Bill Blass - stock. miles unk
1989 LSC Medium Sandalwood (62) Mass air+ 111k FOR SALE $900.
1986 BB (8T) stock 125k (wife'sDD)
1987 BB (4L) stock (miles unk)
1987 Base Model White (9L) 107k (2.73rear)
1984 Turbo Diesel Base model, Platinum (1Q), 131k+ FOR SALE $1000.
Parts cars: 88 LSC, 89 BB, 90 LSC - TLZ 5spd (complete conversion w/extras 4SALE)
User avatar
2manymarks
CLUB MEMBER
 
Posts: 1196
Joined: Sat Dec 27, 2008 4:24 pm
Location: Coastal NC-the Right Coast

Re: LIBEL and SLANDER

Postby oldschool1 » Thu Sep 05, 2013 11:36 am

BUMP.


Last bumped by oldschool1 on Thu Sep 05, 2013 11:36 am.
User avatar
oldschool1
CLUB MEMBER
 
Posts: 8552
Joined: Fri Dec 26, 2008 10:01 pm
Location: Primos, Pennsylvania USA


Return to Rants and Raves!

Who is online

Users browsing this forum: No registered users and 1 guest