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by Senor Barborito 07/01/2003, 7:29pm PDT |
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Chillingeffects.org wrote:
Question: What is the difference between libel and slander?
Answer: Libel is a defamatory statement expressed in a fixed medium such as a writing, picture, sign or electronic broadcast. Slander is a defamatory statement expressed in a transitory form such as speech.
Question: What is the legal definition of defamation?
Answer: The elements that must be proved to establish defamation are: (1) A publication to one other than the person defamed; (2) of a false statement of fact; (3) which is understood as being of and concerning the plaintiff; and (4) which is understood in such a way as to tend to harm the reputation of plaintiff.
Question: Does it make any difference if I am commenting on a product or company rather than a person?
Answer: Product disparagement law prohibits certain false claims about another's goods or services. While a defamatory statement harms the reputation and character of a person or corporation, a product disparaging statement harms the marketability of the goods being disparaged. Product disparagement is typically harder to prove.
Question: What is false light invasion of privacy?
Answer: "False light" is a claim that publicity invades a person's (plaintiff's) privacy by a false statement or representation that "places the plaintiff in a false light that would be highly offensive to a reasonable person."
Question: What is the difference between false light invasion of privacy and defamation?
Answer: The distinction between the two is a subtle one. The false light cause of action focuses upon indignity and defamation focuses upon reputation.
Question: How does the First Amendment to the Constitution affect defamation?
Answer: The free speech guarantees under the Constitution protect certain speech and commentary. The degree of protection generally depends on whether the person commented about is a private or public figure and whether the statement is regarding a private or public matter. According to the New York Times rule (from the case New York Times v. Sullivan), when the plaintiff is a public figure and the matter is one of public concern, the plaintiff must prove "malice" or "reckless disregard" on the part of the defendant. If both parties are private individuals, there is less protection for the speech because the plaintiff only needs to prove negligence.
Question: What is disparagement?
Answer: As defined in Black's Law Dictionary (7th ed. 1999), disparagement is "A false and injurious statement that discredits or detracts from the reputation of another's property, product, or business. To recover in tort for disparagement, the plaintiff must prove that the statement caused a third party to take some action resulting in specific pecuniary loss to the plaintiff."
--SB |
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SS2 review linked in GG forum by Roop Dirump 06/30/2003, 1:50pm PDT 
see also: SA Games forum by whydirt, caltrops braintrust 06/30/2003, 3:21pm PDT 
Hey, we can read SA forums for free now. by Fussbett 06/30/2003, 3:31pm PDT 
Re: Hey, we can read SA forums for free now. by FoK 06/30/2003, 3:55pm PDT 
Re: Hey, we can read SA forums for free now. by whydirt, caltrops braintrust 06/30/2003, 3:58pm PDT 
Re: Hey, we can read SA forums for free now. by Bill Dungsroman 06/30/2003, 5:16pm PDT 
Re: Hey, we can read SA forums for free now. by Jhoh Creexul 07/01/2003, 1:27am PDT 
Re: Hey, we can read SA forums for free now. by Jhoh Creexul 07/01/2003, 1:21am PDT 
Heh by Senor Barborito 07/01/2003, 6:39am PDT 
Oh, btw by Senor Barborito 07/01/2003, 7:06am PDT 
Re: Heh by Fussbett 07/01/2003, 12:54pm PDT 
Re: Heh by Senor Barborito 07/01/2003, 1:54pm PDT 
n/f unless you CHOW ME ZE PAPERSS by Bill Dungsroman 07/01/2003, 2:06pm PDT 
Re: n/f unless you CHOW ME ZE PAPERSS by Forensic 07/02/2003, 5:02pm PDT 
Re: Heh by whydirt, caltrops braintrust 07/01/2003, 2:25pm PDT 
Libel and slander, specifically NT by Senor Barborito 07/01/2003, 2:28pm PDT 
Oh, you lovable nubar! by Fussbett 07/01/2003, 5:40pm PDT 
Tell Vag I said thanks. NT by Senor Barborito 07/01/2003, 6:05pm PDT 
I don't get that, but I'll assume it's an insult. :( NT by Fussbett 07/01/2003, 6:17pm PDT 
YOU'RE GENTLY TOUCHED! NT by Bill Dungsroman 07/02/2003, 12:20pm PDT 
Your information is incomplete, btw by Senor Barborito 07/01/2003, 7:29pm PDT 
Well that proves something, I guess. by Fussbett 07/01/2003, 8:27pm PDT 
Re: Well that proves something, I guess. by FoK 07/01/2003, 9:17pm PDT 
Re: Well that proves something, I guess. by Chairman Mao 07/01/2003, 9:32pm PDT 
There is that, and only that, in our favor, yeah. by Senor Barborito 07/01/2003, 9:47pm PDT 
You're absolutely right. by Lizard_King 07/02/2003, 11:49pm PDT 
Re: Well that proves something, I guess. by Senor Barborito 07/01/2003, 9:44pm PDT 
Animal Crossing Yakuza by Fussbett 07/02/2003, 12:45am PDT 
The one exception to this whole Libel/Defamation/Satire thing by Roop Dirump 07/02/2003, 3:50am PDT 
Re: The one exception to this whole Libel/Defamation/Satire thing by Bill Dungsroman 07/02/2003, 12:20pm PDT 
Crossposting! by Entropy Stew 06/30/2003, 5:57pm PDT 
Re: Crossposting! by whydirt, caltrops braintrust 06/30/2003, 6:04pm PDT 
Re: Crossposting! by laudablepuss 06/30/2003, 6:48pm PDT 
What now? by mark 07/01/2003, 1:24pm PDT 
Re: What now? by laudablepuss 07/01/2003, 2:48pm PDT 
OOF by Arbit 07/01/2003, 1:56am PDT 
Re: SS2 review linked in GG forum by laudablepuss 06/30/2003, 6:22pm PDT 
Re: SS2 review linked in GG forum by Jhoh Creexul 07/01/2003, 1:23am PDT 
my condescending attitude? by FABIO 07/01/2003, 1:57am PDT 
Re: my condescending attitude? by Jhoh Creexul 07/01/2003, 1:59am PDT 
yeah that caught my eye too by FABIO 07/01/2003, 2:06am PDT 
Re: yeah that caught my eye too by Jhoh Creexul 07/01/2003, 2:20am PDT 
SA also invented Photoshop NT by Roop Dirump 07/01/2003, 10:06am PDT 
Re: my condescending attitude? by Damocles 07/01/2003, 2:15am PDT 
Re: my condescending attitude? by FABIO 07/01/2003, 3:54am PDT 
Re: my condescending attitude? by Damocles 07/01/2003, 4:51am PDT 
Crap. by Damocles 07/01/2003, 4:52am PDT 
Re: my condescending attitude? by FABIO 07/01/2003, 5:04am PDT 
Re: my condescending attitude? by Bill Dungsroman 07/01/2003, 12:45pm PDT 
Re: my condescending attitude? by curst 07/01/2003, 3:29pm PDT 
what if i call someone a shitless cunt over AIM? NT by whydirt, caltrops braintrust 07/01/2003, 7:01pm PDT 
disregard. responded to wrong message. i'm the shitless cunt. NT by whydirt, caltrops braintrust 07/01/2003, 7:03pm PDT 
Re: my condescending attitude? by Jhoh Creexul 07/01/2003, 5:58am PDT 
Re: my condescending attitude? by whydirt, caltrops braintrust 07/01/2003, 2:49pm PDT 
Re: my condescending attitude? by Masked Man 07/01/2003, 7:44pm PDT 
No. by Damocles 07/02/2003, 2:39am PDT 
"War at Sea" was the George Clooney of the AAoW franchise, apparently NT by Ice Cream Jonsey 07/02/2003, 2:42am PDT 
The George Clooney what? NT by foogla 07/02/2003, 4:24am PDT 
Re: The George Clooney what? by Ice Cream Jonsey 07/02/2003, 4:34am PDT 
You forgot the nipplesuit. NT by Damocles 07/02/2003, 1:28pm PDT 
Joel Schumacher is a terrible director. by laudablepuss 07/02/2003, 6:03pm PDT 
"Tigerland" is also good NT by Joel Shoemocker 07/02/2003, 6:15pm PDT 
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