It will be interesting to see how all this plays out. I have had occassion lately to place information with an attorney on the issue of slander,libel and harrassment on the internet.
If you had that oportunity you must most certainly have run head long into the Lanham act and several decisions from 9th Circuit, 6th Circuit and even the 1st Circuit Courts of Appeal regarding many of these issues. We did that research a year ago in preparation for what we thought the Minnesota firm would come out swinging with, an Ex Parte Motion for Injunctive Relief against Save3ABN.com and other forums; The summary of caselaw did not bode well for such an effort and they clearly opted out of that since they would most certainly have lost. They used their ex parte on a Motion to Impound, which turned out similarly fatal.
In the United States, the First Amendment is the ultimate defense for forums and websites and they can pursue all the forums and every domain they want...all they will continue to do is burn donor dollars...and yes, I have heard that it is not donor money...just how foolish is it to make such a statement when clearly someone other than DLS or 3ABN general fund moneys are not paying, but a supporter/donor contibutes untold sums to try and suppress the freedom of speech???
How much better to resolve the issues, confess the errors, request forgiveness, pay appropriate restitution to the injured parties and move on to complete your mission. But alas, no, better to try and destroy the messengers than show humility and Christian Spirit.
Now, if these internet miscreants would just learn when to cry Uncle!!! After all, administrative arrogance has worked for many years. Why isn't it working now??? And what if these foolish defenders of the Faith and the Right of Conscience actually win???
May the protestant reformation, the right of conscience and the right to free speech endure!!!
Gailon Arthur Joy
One clear cut thought seems to emerge, Lies, those that are deliberate or an accusation of someone committing a crime without proof and being circulated in a secretive and destructive manner can be dealt with if there is clear proof. A copy of the original slanderous statement identifying the sender and intent is one form of proof. A statment to one party, I think you did this is, is really nothing. When that changes and says Party A is guilty of this crime and it is circulated to a third or more parties the color of the act changes..
These issues relate to the issue of defamation or libel per se. Problem is, what if the proof is that the allegations are correct or the allegant had reasonable basis to believe they were
correct based upon reliable information? The one defamed does not have to have been convicted, but the allegation, supported by documentation, merely has to pass the IRC or Statutory elements test based upon the testimony of experts. A defmation case will ultimately go down in flames, once the defendants have had a chance to complete discovery to further document the facts of the charges alleged. What a waste of money for the plaintiff and would most likely lead to further discoverable evidence not to the benefit of the Plaintiffs.
One other point of order, the statement here is clearly designed to be fluffy intimidation for two key reasons:
Written false statements are Libel, not slander;
Libel and defamation is not covered by any criminal code that I am aware of and therefore not a crime. They are civil torts, in some cases common law, in others statutory. Not crimes.
So far the statute of limitations are unclear as to the far reach of the internet. However those issues of past occurrence that are no longer viable can quickly become so when the guilty party brings up and includes past incidences with present behaviour.
Yes, statute of limitations is a mysteriously wonderful concept, except, it can even be tolled
under certain circumstances. Now, explain just how it is relevant? And what is this presumption of "guilt"? Of what, using the Freedom of Speech? Excersizing ones Right of Conscience? Just what is the guilt undefined here?
Gailon Arthur Joy
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Formatting edit only in order for quotes to show up as quotes. - Daryl Fawcett, Administrator
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Topic: Two Forums to be Served Soon By 3ABN (Read 60908 times)
