Since nobody has gotten the clue yet that the thread needs to stay on topic:
#1
01-01-2009, 08:21 AM
Join Date: Jan 2008
Location: In the back of your mind
Posts: 421
Since nobody has gotten the clue yet that the thread needs to stay on topic:
First off, there is nowhere on this website where he has been called that. I made sure of that.
Secondly, I doubt "BigDiesel" is his real name, and it would be up to golfhobo to not only figure out who he is, but where he lives. Thirdly, slander refers to the spoken word. Libel refers to the written word. Fourthly, the statement has to be proven to have damaged, or have the potential of damaging the reputation of the person being written about. And fifthly, you could be sued just as easily for rebroadcasting those statements. Some intersting information regarding slander and libel can be found here: FAQ about Defamation -- Chilling Effects Clearinghouse My understanding is that case law on this is all over the place, largely because it's such a new issue. But you can find things like this; On March 30, 2006, the clerk of courts for Winnebago County, Wis., Diane Fremgen, filed a lawsuit against Web-site operator Dennis Payne, among others, for libel after anonymous users posted two sexually explicit comments about Fremgen. In addition to asking for monetary and punitive damages, Fremgen sought an injunction to remove the content and temporarily shut down the site. The same day, Fond du Lac County Circuit Court Judge Robert Wirtz ordered Payne to “suspend all operations and publication of the website … until further order” because “failure to temporarily restrain the Defendants (Payne) from continuing the website … would continue to cause [Fremgen] irreparable injury to reputation” and that “no other suitable relief is available.” Five days later the site was allowed to resume operation after Payne came to an agreement with Fremgen and the court. Payne had to agree to several conditions regarding future operations of his site, including banning the two anonymous users. Fremgen said she would continue the lawsuit against those users.
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The Big Engines In the Night- The Diesel on the Pass -Jack Kerouac, "Mexico City Blues"
#2
01-01-2009, 08:26 AM
Slander vs libel- You are absolutely right, my bad, a huried post on my way out the door.
My understanding is that case law on this is all over the place, largely because it's such a new issue. But you can find things like this; On March 30, 2006, the clerk of courts for Winnebago County, Wis., Diane Fremgen, filed a lawsuit against Web-site operator Dennis Payne, among others, for libel after anonymous users posted two sexually explicit comments about Fremgen. In addition to asking for monetary and punitive damages, Fremgen sought an injunction to remove the content and temporarily shut down the site. The same day, Fond du Lac County Circuit Court Judge Robert Wirtz ordered Payne to “suspend all operations and publication of the website … until further order” because “failure to temporarily restrain the Defendants (Payne) from continuing the website … would continue to cause [Fremgen] irreparable injury to reputation” and that “no other suitable relief is available.” Five days later the site was allowed to resume operation after Payne came to an agreement with Fremgen and the court. Payne had to agree to several conditions regarding future operations of his site, including banning the two anonymous users. Fremgen said she would continue the lawsuit against those users. Wow! the interweb is serious business!!! 
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#3
01-01-2009, 08:53 AM
Slander vs libel- You are absolutely right, my bad, a huried post on my way out the door.
My understanding is that case law on this is all over the place, largely because it's such a new issue. But you can find things like this; On March 30, 2006, the clerk of courts for Winnebago County, Wis., Diane Fremgen, filed a lawsuit against Web-site operator Dennis Payne, among others, for libel after anonymous users posted two sexually explicit comments about Fremgen. In addition to asking for monetary and punitive damages, Fremgen sought an injunction to remove the content and temporarily shut down the site. The same day, Fond du Lac County Circuit Court Judge Robert Wirtz ordered Payne to “suspend all operations and publication of the website … until further order” because “failure to temporarily restrain the Defendants (Payne) from continuing the website … would continue to cause [Fremgen] irreparable injury to reputation” and that “no other suitable relief is available.” Five days later the site was allowed to resume operation after Payne came to an agreement with Fremgen and the court. Payne had to agree to several conditions regarding future operations of his site, including banning the two anonymous users. Fremgen said she would continue the lawsuit against those users. :cry::cry::cry::cry:
#4
01-01-2009, 08:56 AM
Join Date: Jan 2008
Location: In the back of your mind
Posts: 421
Currently in the lead for the most useful, informative, intelligent post of 2009. It's wonderful that you are able to contribute such well mannered wit and wisdom to this board.
Thank you for your penetrating insight.
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The Big Engines In the Night- The Diesel on the Pass -Jack Kerouac, "Mexico City Blues"
#5
01-01-2009, 09:02 AM
If you want to discuss slander vs. libel, or anything along those subjects, do it here. STOP mucking up other threads with this off topic crap.
#6
01-01-2009, 09:02 AM
I find it entertaining that LCH only came to this board to defend his " Good Buddy " SteveBooth and attack anyone who challenged Stevie on his so called numbers..... Talk about useful posts.....:roll: Even LCH's signature is a attack on another member on this site..... Pathetic....:roll2:
#7
01-01-2009, 09:08 AM
Actually, it is a direct quote that was made by that "another member", and is not an attack. And that "another member" still stands by that quote.
#8
01-01-2009, 09:19 AM
Senior Board Member
Join Date: Jul 2005
Location: pod# 110 -Shared with a high risk in a red jumper.
Posts: 2,240
I'm giving out A$$ whoopins at the fuel aisle 2 for a DOLLAR ...who's in the market for a good deal on a quality A$$ whoopin brand new and still in the box !
#9
01-01-2009, 09:49 AM
The laws on this also vary slightly from state to state. Some states also require the plaintiff to prove harmful intent. Others do not. And, as to a new issue? No, I'm afraid not. Liable and slander have been around for years. The recent part of it has been as it applies to the internet, just like cases of wire fraud.
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