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Old 12-07-2008, 11:32 AM
 
Location: Portland, Oregon
7,091 posts, read 10,495,682 times
Reputation: 4104

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The only issue of protecting some ones reputation from libel and slander is where is the line? Must it be true to not incur penalties? To determine truth must each party take polygraphs and subject their personal lives to search (sorry, people lie)? If you do all your research what was thought to be true isn't, is it libel?

It's an awful lot to expect the court to rule on small things that really don't incur damages, just bad feelings and thoughts. I don't like it people can go around saying terrible things, but I don't want to go around applying subjective measures.
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Old 12-07-2008, 11:35 AM
 
Location: Pinal County, Arizona
25,107 posts, read 34,386,888 times
Reputation: 4893
Quote:
Originally Posted by SCGranny View Post
I see by your postings that you are a musician. What if I lived in your area and started a campaign against you in the places where you perform, saying to the promoters and owners of those places that, say, you were using your performances to lure underage girls backstage and rape them? What if I put it in a local forum and got parents stirred up against you? What would that do to your ability to do what you love, and to profit thereby?
My take on your scenario:

If you knew the comments were false, and you made them anyway, and the other person was financially harmed (quantifiable), you should be sued for such damages.
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Old 12-07-2008, 11:36 AM
 
Location: Exit 14C
1,555 posts, read 3,641,232 times
Reputation: 390
Quote:
Originally Posted by subsound View Post
I don't want to go around applying subjective measures.
. . . I believe that subjective measures for such things are unavoidable.

Of course, I'm not in favor of defamation laws, either.
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Old 12-07-2008, 11:45 AM
 
Location: Pinal County, Arizona
25,107 posts, read 34,386,888 times
Reputation: 4893
We recently litigated a case for an owner of a home for sale - the neighbor and this owner had "bad blood" between them for some time. One of the reasons the home was for sale.

Every time the property was being shown, the neighbor would come over and start bad mouthing the seller - even to the point of screaming. The neighbor was scaring everyone away.

The first thing we did was get an RO against the neighbor - the court instructed the neighbor to leave buyers alone and not go on the property. When the neighbor ignored the RO, he was arrested for criminal trespass. He also had to appear in court for a show cause hearing - he was fined.

But, his actions continued -

A lawsuit was brought for damages ($$$'s) - on the day set for trial, the neighbor's lawyer brought a settlement offer which included an agreement that the neighbor would remove himself from the neighborhood until such time as the home was sold and the new owners moved in. The offer was accepted.

It sounds like some here might disagree with this case.

Regardless - the neighbor was wrong - the neighbor violated court orders - the neighbor cause severe financial harm to our client.

And we made him pay
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Old 12-07-2008, 11:52 AM
 
Location: Exit 14C
1,555 posts, read 3,641,232 times
Reputation: 390
Quote:
Originally Posted by Greatday View Post
the court instructed the neighbor to leave buyers alone and not go on the property. When the neighbor ignored the RO, he was arrested for criminal trespass.
That part I have no problem with.
Quote:
Regardless - the neighbor was wrong
I'm about as hardcore of a subjectivist on ethics as you can find, by the way.
Quote:
- the neighbor violated court orders - the neighbor cause severe financial harm to our client. And we made him pay
I don't agree with it as a "financial harm" case. I just agree that one should be able to not allow other people on their property as they wish, and part of that is allowing trespassing laws.
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Old 12-07-2008, 11:53 AM
 
Location: Portland, Oregon
7,091 posts, read 10,495,682 times
Reputation: 4104
Quote:
Originally Posted by Greatday View Post
We recently litigated a case for an owner of a home for sale - the neighbor and this owner had "bad blood" between them for some time. One of the reasons the home was for sale.

Every time the property was being shown, the neighbor would come over and start bad mouthing the seller - even to the point of screaming. The neighbor was scaring everyone away.

Regardless - the neighbor was wrong - the neighbor violated court orders - the neighbor cause severe financial harm to our client.

And we made him pay
Good! Perfect to do...the neighbor should know better.

Of course, bad blood or not, I would not want to live next to some one who does that when they are mad.

Of course if the neighbor hated them so much, why would he try and prevent them selling their house and leaving? Completely nuts, I would help them move and try to get a new neighbor that I might like more.

Last edited by subsound; 12-07-2008 at 12:17 PM.. Reason: Added Second Thought
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