Re: List format and slander

[Guest guest]

"play nice"? Does that mean we can't run with scissors? How about having mock sword fights with sharp pointy sticks? Awww, Geese, you're no fun at all.

Nan E. (paralegal, going to look up cite just for fun).

[Guest guest]

"play nice"? Does that mean we can't run with scissors? How about having mock sword fights with sharp pointy sticks? Awww, Geese, you're no fun at all.

Nan E. (paralegal, going to look up cite just for fun).

[Guest guest]

"play nice"? Does that mean we can't run with scissors? How about having mock sword fights with sharp pointy sticks? Awww, Geese, you're no fun at all.

Nan E. (paralegal, going to look up cite just for fun).

[Guest guest]

R,

This is how I understand the issue of defamation/slander legally. If I am

incorrect, please let me know since I am a medical, not a legal

professional. I found your statement to be very general and lacking in

information about what the content needs to be for statements to be

considered slander. I think we need to understand clearly what slander is

so that accusations of slander are not used to stop individuals from posting

their opinions and experiences. The charge of " slander " is one way to

silence minority opinions. If the poster is telling the truth then their

posts cannot be considered slander. As I understand the issue of slander,

it is far safer for the person who is making the statements to indicate that

this is their opinion. To my knowledge, there are no laws preventing

individuals from stating their opinions when they are clearly stated as

opinions.

I believe being able to show that one's written statements are true is

important, since the " truth is an absolute defense " for accusations of

" slander " and you cannot be found guilty for this. Establishing the truth is

the single most effective defense that can be offered. If the remark is

truthful and it " hurts " , is embarrassing, or subjects a person to ridicule,

there is little they can do. Unless the remark is false, they have no

recourse. And the USA has laws that allow us to say quite a lot before a

court would find against us.

In order to prove defamation, it would have to be proved that what was

said or written was false. If the information is true, there is no case.

However, a person may bring an defamatory action if the comments are so

reprehensible and false that they effect their reputation in the community

or cast aspersions on them.

A person may express their opinion as long as the statement of opinion is

just an opinion, not containing specific facts that can be proved untrue.

I'd appreciate your views, and that of other legal professionals here. I've

seen a lot of moves to silence people on mail lists in the many years I've

been a netizen. I think that would be most unfortunate here. And I

certainly agree that it is important not to have genuinely slanderous

statement being posted. Opinion, experiences, facts, the truth, yes. False

statements, no.

in Seattle

----- Original Message -----

> Hi everyone,

> I have received numerous private emails concerning a potentially

> slanderous email sent by a list member concerning a surgeon. First let me

> address slander on this list.

>

> It will not be allowed! Simple. You can post your opinions about a surgeon

> (e.g. Dr. Doe wasn't very nice with me and I think I should have gone

> somewhere else) but cannot slander a surgeon or anyone else for that

> matter. Here is a definition of slander that will help clarify whether you

> are " crossing that line " (you guys are putting my law school education to

> work!)

>

> Slander is...

> You write something about a person that accuses that person of committing

> a crime or some other act that will seriously hurt their reputation. Or

> any other act that might injure that person in his/her trade, business,

> office or occupation (paraphrased from Munafo v. Helfand also see

> Restatement 2nd, Torts section 570 for more complete definition).

>

> I do not care how angry or how potentially offensive the person actually

> was with you, you, as list members, will not be allowed to slander anyone

> on the list.

>

> Now to the other issue. The moderators were handling this slander issue in

> private as I have often begged people to do. But because people were not

> seeing the response in the public forum, many felt compelled to accuse the

> moderators of not " doing their job " . Please don't jump the gun by

> attacking someone before you know what is going on. You are more than

> welcome to ask if the situation is being handled but don't automatically

> assume that since you haven't seen a public beheading on the list, the

> situation is not handled.

>

> As always, everyone play nice and if you have an issue with this email,

> please email me in private.

>

> Much love, R

>

>

>

> ----------------------------------------------------------------------

>