Response To Criticism and the Road Ahead

The catch-all forum for general topics and debates. Minimal moderation. Rated PG to PG-13.
Post Reply
_harmony
_Emeritus
Posts: 18195
Joined: Fri Oct 27, 2006 1:35 am

Re: Response To Criticism and the Road Ahead

Post by _harmony »

beastie wrote:
In order for a libel lawsuit to be successful, the plaintiff must prove they have suffered damages. Proving that Daniel damaged GoodK's reputation anywhere would be very difficult for GoodK to do, unless he can show that he somehow suffered monetarily, suffered enough mental distress to seek counseling, or that Daniel's actions destroyed his familial relationship. As far as I can see, GoodK can't show any of those.


I understand, but I'm saying it's possible that "real life" damages occurred we know nothing about.

Of course, I've been saying along the damages portion appears to be the weakest part of the case, unless, as I say, something's happened we don't know about.


Proving libel or slander is very very difficult, especially in a country that allows a pretty broad spectrum of free speech. The level of proof needed is very high. GoodK will have some 'splainin' to do, if he gets as far as a courtroom.
(Nevo, Jan 23) And the Melchizedek Priesthood may not have been restored until the summer of 1830, several months after the organization of the Church.
_harmony
_Emeritus
Posts: 18195
Joined: Fri Oct 27, 2006 1:35 am

Re: Response To Criticism and the Road Ahead

Post by _harmony »

WjExMo wrote:I think it is also time for a little birdy to whisper into the ears of certain parties at the Church Office Building letting them know that their "Moses of Provo", the Prophet Seer and Revelator of FARMS - has through his much windbaggery and great douchebaggery - may be involved in a lawsuit.

I think the suits at the COB, who are always stressing about PR need to know about DCP's long diatribes on this board and the other aptly named board. I would revel in the heat that it could possibly bring down on his esteemed position at BYU and FARMS.


The Brethren were aware of Daniel's last lawsuit, and nothing untoward happened to him because of it.

There is no connection between Daniel and the church that would be of interest to the court. Daniel is not paid by the church to post here, he does not represent the church here nor does he represent himself as representing the church here. He did not represent himself as representing the church when he notified GoodK's stepdad of GoodK's original post. The church is simply not part of this issue, because Daniel does not post here in his capacity as bishop, and his apologetics are not official... he has no call to be an apologist and he is not paid to be an apologist.
(Nevo, Jan 23) And the Melchizedek Priesthood may not have been restored until the summer of 1830, several months after the organization of the Church.
_Some Schmo
_Emeritus
Posts: 15602
Joined: Tue Mar 27, 2007 2:59 pm

Re: Response To Criticism and the Road Ahead

Post by _Some Schmo »

Daniel Peterson wrote:
Some Schmo wrote:I suppose it helps that you've completely rationalized away your poor behavior.

I never thought it was poor behavior. I did it because I thought it was the right thing to do.

LOL

Yes, we've established that you're told yourself what you needed to in order to think, "it was the right thing to do." That's where the rationalizing came in.

Daniel Peterson wrote:
Some Schmo wrote:Parental concern... That's rich.

Are you a parent?

Yes. Are you GoodK's parent?

Daniel Peterson wrote:
Some Schmo wrote:The fact that you don't understand the point about having misread GoodK's post is hardly surprising, since it's a regular occurrence with you. The post wasn't about his family, it was about the sham that the priesthood is! You still don't get that?

I understood his point perfectly. I called his father's attention to the post. That's all.

Yes, we know you'd like to think, "that’s all." I'm sure that factors in largely to helping you sleep well after this.

Daniel Peterson wrote:
Some Schmo wrote:And it seems even worse that you would send this link when you admit you don't know his stepfather that well and yet you're aware that their relationship is strained. I mean... sorry dude, but that just makes you a prick. (Why sugar-coat it?)

Remorseless indeed. Either that or simply devoid of common sense.

You dislike me, and I can't say that I really value your opinion much. It appears that we're at an impasse.

I wouldn’t say I dislike you (I don't know the real you); I would say that I dislike the attitude you portray on the boards, your intellectual dishonesty and the seeming oblivious nature of your opinions.

But of course you don't value my opinion. I don't agree with nor worship you. This is a pretty clear pattern.

I didn't expect you to agree with or even take my opinion seriously. It was an observation, not an attempt to convince.

Daniel Peterson wrote:It seems that it's bedtime for the adults on the board.

Well, at least you realized it wasn't you're bedtime.
God belief is for people who don't want to live life on the universe's terms.
_WjExMo
_Emeritus
Posts: 54
Joined: Fri Apr 10, 2009 6:33 pm

Re: Response To Criticism and the Road Ahead

Post by _WjExMo »

harmony wrote:There is no connection between Daniel and the church that would be of interest to the court. Daniel is not paid by the church to post here, he does not represent the church here nor does he represent himself as representing the church here. He did not represent himself as representing the church when he notified GoodK's stepdad of GoodK's original post. The church is simply not part of this issue, because Daniel does not post here in his capacity as bishop, and his apologetics are not official... he has no call to be an apologist and he is not paid to be an apologist.


Ah yes, Harmony, the Apologist's Apologist.

Shoo fly.

Back to that tired old lie that DCP isn't paid to be an apologist.

If DCP told you he was Jesus Christ, you'd still kiss his ass wouldn't you.
_harmony
_Emeritus
Posts: 18195
Joined: Fri Oct 27, 2006 1:35 am

Re: Response To Criticism and the Road Ahead

Post by _harmony »

WjExMo wrote:
harmony wrote:There is no connection between Daniel and the church that would be of interest to the court. Daniel is not paid by the church to post here, he does not represent the church here nor does he represent himself as representing the church here. He did not represent himself as representing the church when he notified GoodK's stepdad of GoodK's original post. The church is simply not part of this issue, because Daniel does not post here in his capacity as bishop, and his apologetics are not official... he has no call to be an apologist and he is not paid to be an apologist.


Ah yes, Harmony, the Apologist's Apologist.

Shoo fly.

Back to that tired old lie that DCP isn't paid to be an apologist.

If DCP told you he was Jesus Christ, you'd still kiss his ass wouldn't you.


You haven't been around here long, have you? Daniel and I aren't exactly what anyone would call friends. My only interest in this particular debate is one of fairness and proof. You provide neither, you add nothing.

Until you can establish that the church pays for apologetics, with a check on the church's bank account and a notation that the check is for Apologetics, you have nothing to add to that discussion either. The allegation was made; the allegation was denied. The proof is on the ones that make the allegation. You have provided nothing, so your argument is useless, void of substance. Put up or shut up, In other words.
(Nevo, Jan 23) And the Melchizedek Priesthood may not have been restored until the summer of 1830, several months after the organization of the Church.
_Nightingale
_Emeritus
Posts: 323
Joined: Sun Jan 14, 2007 7:31 am

Re: Response To Criticism and the Road Ahead

Post by _Nightingale »

beastie wrote: DCP has repeatedly made these sort of insinuations on this board - that due to his personal knowledge of Eric's family, he knows things that he cannot share. The heavy insinuation has always been that these things would be damaging to Eric. That's why his "test" post sounded believable. ... it certainly is possible that people who know Eric have read some of these things, and have damaged his reputation.


This was exactly my reaction when I read the post that apparently disclosed (finally) all the information DCP has frequently said that he possessed about GoodK's in real life issues. I had no clue that the information in DCP's post was not real. So much so, in fact, that I felt sorrow for GoodK for all the anguish and dysfunction. I get the impression that DCP posted what he did perhaps figuring that it was so OTT that nobody would believe it and the "spoof" (or whatever) would be immediately apparent to all readers. Not so. Maybe he doesn't realize it but to at least some readers, DCP's words would have some presumed authority (as in knowledge/weight, not as in LDS doctrinal "authority") precisely because of the frequent references to knowing GoodK's family, being in communication with his stepfather, having information about GoodK's past and current circumstances, etc, and yes, being a Mormon bishop would also factor in, for many people. (Like it or not, there is some expectation for how they would speak, act, behave, interact).

I think the crux of this and other similar occurrences here is that the poster (and especially DCP it seems) thinks that their intent is all that matters and that it is completely transparent to all readers, when this is certainly not the case.

So, coming in cold and reading that post about GoodK's supposed past problems, and having read DCP's remarks over the past year about having special knowledge, as well as remembering other comments by him and at least one other LDS poster here to the effect that GoodK is "only telling one side of the story" and that if readers knew more they would not be so sympathetic to his side/view/case (paraphrase), I took the DCP post about GoodK at face value. I then went off-board to deal with RL that morning and, even though DCP posted his retraction within the hour I didn't see it for some time after I had read the original post. So, there were a few hrs there where I did believe what DCP had written.

Not that that is any support to GoodK's potential claim for damages because what does it matter what I think about someone I don't know and comments from another person I have never met? I just want to explain my reaction to DCP's post and say I relate to what beastie said above. Again, it is not always what we intend when we post that makes an impact, it is what we write and the effect it has (to a reasonable degree). It's often difficult to accept that the way we see things isn't always the most important yardstick but it's a useful thing to learn and accept and reflect on when it comes to personal interactions, even on the Net. Obviously, it isn't "just pixels", as some people insist, but there are real people out there who are impacted by what we write and especially by online interactions, in many cases. (Think of the recent case of the teen girl who committed suicide after a neighbour woman and her daughter scammed her into forming an online relationship with a supposed teen boy that she ended up having feelings for to the extent that she was devastated when the apparent relationship ended, devastated to the point of despair and suicide, for which the adult woman involved were taken to court and convicted, last I heard).

If people could think less about who is "right" or "wrong" and focus more on seeing where the other party is coming from, if not being able to find at least some common ground, a lot of venom and legal actions could be avoided. I know the involved parties, who in this case may truly be wounded, may say that it is too simplistic to invoke the Rodney King approach to life (can we all just get along?) but still, I would hope, at least in this case, that the parties would back away from trying to hurt each other, which is where this thing seems to have descended to. Even if both feel that they may not go through with a suit or may not win this one, both have commented that they want to hurt each other, monetarily at least, if not in other ways too. That is the piece of this that I hope could be resolved and that would perhaps settle all the rest.

On DCP's side, I would hope that consideration for his friend, GoodK's father, would help him to back away from trying to hurt the son. On GoodK's side, I hope that focusing on his work re the UBR and other projects would take priority and that he would direct his energy and time to that rather than to this nasty turn of events. This is not to say that I don't recognize that both sides feel hurt and harmed and that there may be justification for that with both parties.

I have been hurt by others, sometimes quite devastatingly so, as have many of us. I well understand the impulse to strike out. Even though the scriptural principles that are among the most meaningful to me relate to peace-making, reconciliation (my Mennonite Brethren exposure), turning the other cheek, and heaping coals on the heads of one's enemies (biblical references), I still struggle to be so sainted as to be able to not only do that in every situation but to eradicate the thirst for vengeance from my heart that still exists in some cases (where other people's actions have resulted in demonstrable personal and spiritual harm to me). I still have negative feelings towards others I feel have wronged me, if their words or actions caused me what I consider irreparable harm. I occasionally think of how satisfying it would be (it seems) to see them take a fall. I don't beat myself up over so obviously not being able to apply the peace-making principles 100%, to the extent that I wouldn't be interested at this time in seeking reconciliation (which is an important element in the Christian denomination that I identify most strongly with - MB), but, fortunately, at least I can corral my basest impulses to where they live only in my own mind.

The scriptural principles mentioned above have helped me to keep things in perspective and find balance, not in some abstract way of grumpily following a commandment or such, but so that overall I at least try to emphasize the positive and defuse the negative, which adds immeasurably to quality of life. In the case at hand, I also think of the New Testament stricture against "taking one another to court" (as in "don't do it" - although admittedly that refers to fellow members in the faith so doesn't directly apply to the DCP-GK situation). Of course, it's hard to strive for higher ground. Especially so if the other party does not relate to the scriptures in the same way (or at all). But such is the challenge for Christians (not to be "better than" others, as I discussed on another thread, but to be better than our most base selves).

To me, in any dispute or conflict it would be a matter of applying the scriptural principles you say you adhere to (if this is the case), which would hopefully defuse the situation. I would also consider the age differences and life circumstances of myself and the other party. I would definitely not, as DCP suggested in another post, seek retribution against one-party-for-all-time for all past bad experiences and unresolved grievances as well as potential future clashes, more especially if said party were the son of a friend.

I understand this may not be a satisfying approach in the short term but I would consider that peace of mind, positive use of energy, wise use of financial and other resources, happiness in life, etc are much more desirable and productive than years of wrangling over issues that may seem mountainous now but when compared to other things amount to little enough to waste life's time and resources on. Maybe taking a few steps back and getting a different perspective could help both sides.

At the very least, if DCP were to ask my opinion (which I'm not holding my breath would happen, ha) I would suggest a measure of constraint in modifying the focus and intent such that he either reconsiders altogether or at least sees this issue as one discrete situation between himself and GoodK and not an opportunity to answer all critics and harm-doers from past to present to future, in short, making GoodK an example to warn off any potential future actions and challenges and to alleviate the disgruntlement (?word?) attached to a previous lawsuit in which he was involved.


harmony wrote:Proving that Daniel damaged GoodK's reputation anywhere would be very difficult for GoodK to do, unless he can show that he somehow suffered monetarily, suffered enough mental distress to seek counseling, or that Daniel's actions destroyed his familial relationship. As far as I can see, GoodK can't show any of those.


From what I've read here, I recall that Grosskreutz said that before the email incident he was at least in contact with his stepfather and afterwards their relationship deteriorated to the point where they no longer spoke to each other. I don't know how or if that would translate into "actual damages" in a lawsuit for libel but in terms of causing harm, that seems to indicate that there definitely were demonstrable negative consequences. That doesn't take into consideration the current situation, though. Maybe things are patched up, although I wouldn't be surprised if not.

In medical/legal cases where a plaintiff has been injured, one major factor taken into consideration, in my experience, is that of prior functionality compared to current functionality. That is, if before an accident the plaintiff could hike and ski and swim and surf and afterwards could do none of those activities and, in fact, needed a cane to get around and even so could only walk for 15 minutes before having pain or needing to rest whereas before they ran marathons regularly, then you have a before-and-after picture of the extent to which the accident has negatively impacted on the person's life. That is used to calculate damages and costs of future care, etc that also need to be factored in.

If Grosskreutz had a relationship, even a difficult one, with his s-dad before the email incident and afterwards it deteriorated to no relationship and that can be shown to be directly or even indirectly related to the email incident, there is at least a negative consequence of someone else's action, if not an actual "damage" at law.

In my work, I am exposed regularly to the sad side of life where previously healthy people experience sudden and devastating illness and injury. One minute you're teaching a university class as a world renowned expert in your field, while planning a weekend marathon race, and the next minute you can't walk or talk, perhaps ever again. That is definitely the biggest influence on me in trying to focus on the positive, maximize enjoyment of life and value relationships as well as think about my "legacy" (even if it's only in good memories I leave for all the kids and nothing world-shaking at all). I often ask if what I am doing or saying or planning at this moment were my last action before major disability or impending death, how would I feel about what I was doing or saying? (This is especially useful to me in cutting short any arguments or other negative things that may be occurring).

I'm not saying I would never defend myself or that I can't understand where either of the parties under discussion are coming from. But here's hoping that taking a second look and weighing up the pros and cons will lead to de-escalation of the conflict. That would seem to be the best outcome for both sides, whether they see that right now or not. Here's hoping that all that energy, not to mention, financial resources, will ultimately put to the most positive use possible.

No matter what happens now, this is an unfortunate turn of events, on many levels.
_Daniel Peterson
_Emeritus
Posts: 7173
Joined: Thu Jul 05, 2007 6:56 pm

Re: Response To Criticism and the Road Ahead

Post by _Daniel Peterson »

Nightingale wrote:I think the crux of this and other similar occurrences here is that the poster (and especially DCP it seems) thinks that their intent is all that matters and that it is completely transparent to all readers, when this is certainly not the case.

When it's expressly posted, in blue, I think it ought to be not transparent, but highly visible.

Nightingale wrote:On DCP's side, I would hope that consideration for his friend, GoodK's father, would help him to back away from trying to hurt the son.

I have never, ever, tried to hurt GoodK.

You want slander, Nightingale? You just wrote it.

Don't worry, though. I won't sue.

Nightingale wrote:I would definitely not, as DCP suggested in another post, seek retribution against one-party-for-all-time for all past bad experiences and unresolved grievances as well as potential future clashes, more especially if said party were the son of a friend.

You seriously think that I should simply absorb any and all legal costs whenever anybody chooses to sue me? Do you realize how high they can be? Do you realize that anybody can sue anybody over anything? Do you realize that a person could be financially ruined simply by having to defend himself against lawsuits, even if none of them had any merit and even if he always "prevailed"?

Nightingale wrote:I understand this may not be a satisfying approach in the short term but I would consider that peace of mind, positive use of energy, wise use of financial and other resources, happiness in life, etc are much more desirable and productive than years of wrangling over issues that may seem mountainous now but when compared to other things amount to little enough to waste life's time and resources on. Maybe taking a few steps back and getting a different perspective could help both sides.

Preserving my home, my life savings, and my childrens' inheritances and dissuading people from attempting to seize them seems to me a pretty good use of energy and resources, and a reasonably sure way of maintaining my peace of mind.
_WjExMo
_Emeritus
Posts: 54
Joined: Fri Apr 10, 2009 6:33 pm

Re: Response To Criticism and the Road Ahead

Post by _WjExMo »

Daniel Peterson wrote:Preserving my home, my life savings, and my childrens' inheritances and dissuading people from attempting to seize them seems to me a pretty good use of energy and resources, and a reasonably sure way of maintaining my peace of mind.


Meanwhile, writing BS apologetic works in order to to deceive Mormons into continuing to send in their tithes, including writing slamming books about Islam - and then selling it all for profit is still O K.

Perhaps it is time to funnel some coin into GoodK's pockets to help get this case moving forward.
_harmony
_Emeritus
Posts: 18195
Joined: Fri Oct 27, 2006 1:35 am

Re: Response To Criticism and the Road Ahead

Post by _harmony »

Nightingale wrote:
harmony wrote:Proving that Daniel damaged GoodK's reputation anywhere would be very difficult for GoodK to do, unless he can show that he somehow suffered monetarily, suffered enough mental distress to seek counseling, or that Daniel's actions destroyed his familial relationship. As far as I can see, GoodK can't show any of those.


From what I've read here, I recall that Grosskreutz said that before the email incident he was at least in contact with his stepfather and afterwards their relationship deteriorated to the point where they no longer spoke to each other. I don't know how or if that would translate into "actual damages" in a lawsuit for libel but in terms of causing harm, that seems to indicate that there definitely were demonstrable negative consequences. That doesn't take into consideration the current situation, though. Maybe things are patched up, although I wouldn't be surprised if not.


It would be difficult to prove that a relationship in which the stepfather sent the stepson to UBR could be further damaged. This family was dysfunctional and had been for years. In any case, Daniel cannot be held responsible for the actions of GoodK's step father. It is entirely possible that GoodK's stepfather might have simply ignored Daniel's email. Or brushed it aside as inconsequential. Or severed his friendship with Daniel. He could have reacted in any of a number of ways, and Daniel would be ultimately responsible for none of them. Any damage done to the already dysfunctional familial relationship cannot be legally placed at Daniel's door, simply because GoodK's stepfather responded in the manner in which he responded. GoodK and his stepfather are the ones who are responsible for that relationship.

If a Mormon woman commits adultery because her husband is abusive, and her husband doesn't know about it until his friend tells him, the woman cannot blame the friend for the damage to the marriage relationship. She and the husband bears the burden for the problems in their relationship.

GoodK cannot blame Daniel for the state of his relationship with his stepfather.
(Nevo, Jan 23) And the Melchizedek Priesthood may not have been restored until the summer of 1830, several months after the organization of the Church.
_harmony
_Emeritus
Posts: 18195
Joined: Fri Oct 27, 2006 1:35 am

Re: Response To Criticism and the Road Ahead

Post by _harmony »

WjExMo wrote:Meanwhile, writing b***s*** apologetic works in order to to deceive Mormons into continuing to send in their tithes, ...


This is not illegal, nor is it immoral.

...including writing slamming books about Islam - and then selling it all for profit is still O K.


Writing books about one's area of expertise is not only not illegal, it is often a condition of one's employment, if one is an academic. It's called being published.

Perhaps it is time to funnel some coin into GoodK's pockets to help get this case moving forward.


I'm sure he's appreciate any support he can get... and so would his lawyer.
(Nevo, Jan 23) And the Melchizedek Priesthood may not have been restored until the summer of 1830, several months after the organization of the Church.
Post Reply