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Old 04-12-2009, 01:41 PM
 
Location: Under a bridge.
3,196 posts, read 4,717,419 times
Reputation: 976

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I am posting in great debates because I can't think of where else to ask this question.

Let's say Jim is some kind of an ethnic minority (asian for example). He then send out comments about another ethnic minority (blacks for example)--as in cartoons and jokes. Carl then responds and calls Jim "racist" for sending out those cartoons and jokes.

If Carl then posts that online, is that slander?

(By the way, I used names here ONLY to make it easier to ask the question. ... I honestly don't know anyone named Carl or Jim.)

I am asking what your opinion is on this touchy subject, and why you hold that opinion.
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Old 04-12-2009, 02:01 PM
 
Location: Fort Worth, Texas
10,716 posts, read 31,041,328 times
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Firstly a person has to demonstrate a loss of business or money because of what the other person has said in order to win damages in a court of law for instance. What the person accused Carl of being also has to be incorrect. If Carl really is a racist then its not slander its the truth.

define:slander - Google Search
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Old 04-12-2009, 02:28 PM
 
Location: Victoria TX
42,668 posts, read 71,574,557 times
Reputation: 35869
I would think the first test of slander/libel would require that the person being slandered must be identifiable. If "Jim" is a screen name and there is nothing obvious that would lead a user to learn his actual identity, then there has been no damage to the real person's reputation and hence no slander..
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Old 04-12-2009, 06:51 PM
 
Location: Fort Worth, Texas
10,716 posts, read 31,041,328 times
Reputation: 6654
Quote:
Originally Posted by jtur88 View Post
I would think the first test of slander/libel would require that the person being slandered must be identifiable. If "Jim" is a screen name and there is nothing obvious that would lead a user to learn his actual identity, then there has been no damage to the real person's reputation and hence no slander..
Oh absolutely, if we are talking about slander via the internet. I was thinking real world.
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Old 04-12-2009, 10:31 PM
 
Location: Under a bridge.
3,196 posts, read 4,717,419 times
Reputation: 976
OK let's assume we know who Jim and Carl are--and damages can be shown...

I guess the real question is: Is Carl's assertion about Jim a statement about facts, or only an opinion?
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Old 04-12-2009, 11:27 PM
 
48,519 posts, read 81,048,183 times
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It also has to be more than a opinion as expressed besides the proof of known untruthfulness. harm and in the case of news media( who know who that is now days with the internet blogs) the intent to cause that harm. Its the last one that keep CBS out of paying millions in the westmoreland case.BGasicaloly a genral comment or cartoon is not slalnder. it usually expresses a opinion or is in fact a joke. Comedy central would be in deep trouble if ths wasn't protected free speech.
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Old 04-13-2009, 08:05 AM
 
Location: NYC area
3,486 posts, read 4,940,037 times
Reputation: 3848
Slander is defined as an oral statement of fact that is untrue and damaging to the subject's reputation. Characterizing someone as a "racist" is not a statement of fact -- it's a statement of opinion, and as such, is not actionable. It's only the speaker's assessment of the subject's expression. Not every offensive statement is defamation.
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Old 04-13-2009, 10:17 AM
 
339 posts, read 627,453 times
Reputation: 167
Quote:
Originally Posted by dcashley View Post
I am posting in great debates because I can't think of where else to ask this question.

Let's say Jim is some kind of an ethnic minority (asian for example). He then send out comments about another ethnic minority (blacks for example)--as in cartoons and jokes. Carl then responds and calls Jim "racist" for sending out those cartoons and jokes.

If Carl then posts that online, is that slander?

(By the way, I used names here ONLY to make it easier to ask the question. ... I honestly don't know anyone named Carl or Jim.)

I am asking what your opinion is on this touchy subject, and why you hold that opinion.
No. It's not slander. It's a joke followed by an opinion by someone who wants to start something because they are hypersensitive or simply want to start something.
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Old 04-13-2009, 10:25 AM
 
Location: Connecticut
1,461 posts, read 4,099,817 times
Reputation: 1646
Default Is this slander

Quote:
Originally Posted by dcashley View Post
I am posting in great debates because I can't think of where else to ask this question.Let's say Jim is some kind of an ethnic minority (asian for example). He then send out comments about another ethnic minority (blacks for example)--as in cartoons and jokes. Carl then responds and calls Jim "racist" for sending out those cartoons and jokes. If Carl then posts that online, is that slander?
(By the way, I used names here ONLY to make it easier to ask the question. ... I honestly don't know anyone named Carl or Jim.)

I am asking what your opinion is on this touchy subject, and why you hold that opinion.
This is all very childish and never should happen to begin with. Like kids playing in a sandbox, tossing sand around and calling each other names...if this did take place....everyone needs to take their toys and GO HOME.. Nothing more than immature name calling and unnecessary.
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Old 04-13-2009, 01:19 PM
 
Location: Under a bridge.
3,196 posts, read 4,717,419 times
Reputation: 976
Thank you to all ... I appreciate your assistance on this issue.
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