Daniel Peterson wrote:This isn't funny; the false allegation of felonies goes beyond the limits of even spirited polemics.
It is, in fact, a textbook case of slander.
Actually, it would appear to be libel (written vs. oral). Imputing unsavory business practices or criminal liability is often defamation per se, depending on jurisdiction. Such allegations should not be made lightly.
Unless those making such claims have actual evidence to provide a defense of truth, it would probably be wise to leave the subject alone. There is no such thing as true anonymity on the interwebs.
I may be going to hell in a bucket, babe / But at least I'm enjoying the ride.
-Grateful Dead (lyrics by John Perry Barlow)
skippy the dead wrote:Actually, it would appear to be libel (written vs. oral). Imputing unsavory business practices or criminal liability is often defamation per se, depending on jurisdiction. Such allegations should not be made lightly.
Unless those making such claims have actual evidence to provide a defense of truth, it would probably be wise to leave the subject alone. There is no such thing as true anonymity on the interwebs.
I appreciate the legal opinion. (Sincerely.)
I think, incidentally, that the term slander can be used in non-legal contexts a bit more broadly, for both oral and written defamation.
Daniel Peterson wrote:I think, incidentally, that the term slander can be used in non-legal contexts a bit more broadly, for both oral and written defamation.
Yes, it can.
Failure is not falling down but refusing to get up.
Chinese Proverb
Daniel Peterson wrote:I think, incidentally, that the term slander can be used in non-legal contexts a bit more broadly, for both oral and written defamation.
Yes, it can.
I think gad was probably drinking a bit and just speculating.
Moniker wrote: I think gad was probably drinking a bit and just speculating.
It was reckless, regardless of any excuses after the fact.
Skippy---
In your professional opinion, did DCP's comment that the thought of me makes him was to get his "assault rifle" constitute a legally actionable utterance?
In your professional opinion, did DCP's comment that the thought of me makes him was to get his "assault rifle" constitute a legally actionable utterance?
I don't see how it could be. It sounds like a simple fantasy remark. If he had stated he WAS going to get an assault rifle and use it on you, that'd be an overt threat.
Otherwise it's nothing. I'll be interested to see how skippy assesses the remark.
Failure is not falling down but refusing to get up.
Chinese Proverb
In addition, considering this event, people who are hell bent on using DCP for target practice might want to rethink their approach. Also, those who criticize him for reading and responding on this board should be able to see there is good reason for him to do so. Things sometimes have a way of veering off the road into actionable offenses.
Failure is not falling down but refusing to get up.
Chinese Proverb
In your professional opinion, did DCP's comment that the thought of me makes him was to get his "assault rifle" constitute a legally actionable utterance?
Scartch, either you need professional help, or you're just pretending to feel threatened by me in order (rather theatrically) to lengthen out even further your already considerable list of my multitudinous crimes and offenses against humanity.
I find it hard to believe that anybody took my frivolous answer to Trevor's (?) frivolous question seriously. And, in any event, on the off chance that you were actually suffering genuine anxiety on account of it, I've already assured you that it was not meant seriously.