X-Message-Number: 19567 Date: Fri, 19 Jul 2002 04:19:21 -0700 From: James Swayze <> Subject: URL for slander slinging Daily Times Ottawa References: <> > > Message #19564 > Date: Thu, 18 Jul 2002 22:15:34 -0500 > Subject: Moronic Editorial > From: Joesph A Zarka <> > > Hello All! > > After I learned about the Ted Williams story and all the media > attention that cryonics was receiving I > contacted our local paper and informed them that I was into cryonics and > would be willing to talk to > them about cryonics. I told them there was a lot of misinformation being > reported. They never responded. > > There you have it, not only are we immoral we are straight up stupid > and gullible. I would like to see > this editor match wits with the likes of Max More or James Halperin. The > part that bothers me most is that > the paper never talked to me to get a cryonicist point of view. I would > have been happy to discuss any > of the points the editor asked in his editorial. I would like to > encourage cryonet readers to write letters > to this editor. Let him know that the next time he writes about > something, he should look at both > sides of the story instead of writing a one sided editorial. > > Voice Of The People > The Daily Times > 110W Jefferson St > Ottawa, IL 61350 > > Long life > Joseph > Here's the URL fr your paper Joseph. I will be firing off a letter or email, whichever it takes or both, later today. http://www.ottawadailytimes.com/ What this moron wrote borders on libel. There comes a point when the "it's simply an opinion" excuse no longer applies especially if damage can be shown and even to a group not just an individual. Main Entry: 1li bel Pronunciation: 'lI-b&l Function: noun Etymology: Middle English, written declaration, from Middle French, from Latin libellus, diminutive of liber book Date: 14th century 1 a : a written statement in which a plaintiff in certain courts sets forth the cause of action or the relief sought b archaic : a handbill especially attacking or defaming someone 2 a : a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression b (1) : a statement or representation published without just cause and tending to expose another to public contempt (2) : defamation of a person by written or representational means (3) : the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4) : the act, tort, or crime of publishing such a libel Here is a book discibing in depth what libel and slan=der are and how to litigate both for and against. http://www.digibuy.com/cgi-bin/order.html?dancing www.dancingwithlawyers.com Telephone: (775)833-5440. Defamation is written or spoken injury to a person or organization's reputation. Libel is the written act of defamation, vs. slander, the oral act of defamation. You often hear "Truth is the perfect defense against libel." A curious notion, not entirely supported by what goes on in the courts. Truth is a very good defense. It may prove an unshakable defense if you have $50,000 for lawyers to defend it. If you don't feel like being on the frontier of legal theory, you should build a somewhat better defense. Add on these concepts: Avoid the impression of malice. State the facts, and then state your opinion separately. This keeps things clear in your mind. All wrong: "My neighbor John Smith is a stinking lush." This is wildly defamatory: an unproven, malicious ("stinking" and "lush" instead of "alcoholic") statement about a private individual. Getting better: "Governor Smith consumed 14 glasses of whiskey last night at The Watering Hole Bar. In my opinion he's an alcoholic." The proof is a bit hazy -- getting drunk once does not prove alcoholism -- but a governor is a public figure with less protection than John Smith, you have clearly separated fact from opinion, and there is no particular evidence of malice. Pretty safe: "Governor Smith consumed 14 glasses of whiskey last night at The Watering Hole Bar. I wouldn't be surprised to learn he's an alcoholic." This is entirely fact, with no clear evidence of malice, about a public figure. What defamation is not. Generally, a statement made about an undefinable group of people or organizations cannot be defamation. Take, "Real estate agents are crooks." It's defamatory enough, but there is no identifiable victim. "Most of the agents at Smith Real Estate Company are crooks" is getting dicier, but it is still hard to define the victim. "Smith Real Estate Company is a crooked company." Wham! You have a victim: Smith Real Estate Company. For more information the place to start is Bruce Sanford's Synopsis of Libel and Privacy. It's an inexpensive, understandable little book, with checklists of words and people to be avoided. (This is actually written for journalists trying to avoid defamation. But it's also an excellent, readable book for deciding whether you've been defamed.) Sanford's book is a little gem, but we have given up on finding a reliable source. We've tried linking to Amazon, used booksellers, even the publisher, but no luck. So thanks to reader feedback we asked the author of Dancing With Lawyers to write up a plain-English book, dealing with defamation in the workplace, from former bosses, ex-spouses, and other situations found in daily life, which we are now offering here as a downloadable report. _________________________________________ Price $22.00 (A lot of research has gone into this report. It would cost you several thousand dollars to reproduce it.) Our Guarantee If you are not satisfied with the report, you may return it for a full refund, no questions asked. We only ask that you delete all copies from your hard drive(s) and throw out any printed copies. Order Fighting Slander Online 193 kb PDF file (a 49 page report) DigiBuy Download now The download URL will be emailed to the address you specify on the order form. Please allow 10-15 minutes for the email to arrive. _________________________________________ Fighting Slander Table of Contents Introduction 4 How To Use This Report 5 Disclaimer 6 The Law In Brief 7 Definitions of Defamation of Character, Slander, and Libel 7 Libel By the Press, and Libel By Individuals 7 Elements of Defamation of Character, including Slander and Libel 8 Identifiable Victim 8 Falsehood 8 Malice 8 Emotional Distress 9 Good Defenses 9 Truth 9 Privilege 10 Public Figure 10 Satire 10 The Comments Were Invited by the Plaintiff 11 Opinion 11 Libel-proof 11 He s Dead! 11 Words Spoken In the Heat of Anger 11 Worthless Defenses 11 The Right to Privacy 12 What Is a Public Figure, Anyway? 13 Statutes of Limitations 14 Internet Libel 15 Sizing Up Your Situation 16 People Who Just Don t Get It 16 The Middle Ground 17 Major-League Kooks 17 Special Situations 17 Workplace Defamation 17 Lawsuits and Criminal Charges 18 Internet Libel 19 Libel By the Mainstream Press 21 Blackmail 22 Small Towns 22 Sociopaths 23 Privilege ( absolute or qualified ) 24 Attitude 25 Before You Call a Lawyer 26 Getting the Facts 27 Private Investigators 27 Doing It Yourself 27 Keeping A Log 27 Nailing Down Your Legal Situation 29 Learning Your State s Laws 29 Research the Laws Yourself 29 Precedents 30 A Warning About Precedents 30 How To Research Jury Verdicts Without Spending a Fortune 31 Do It Yourself In a Legal Library 31 Telephone Lawyers 31 Paralegals 31 Jury Verdict Research 32 Actually Hiring a Lawyer 33 Finding a Slander Lawyer 33 Start With the Cheapest Solutions 33 Nastygrams 33 Discovery 33 Things You Should NOT Do 35 Backlash and Common Sense 36 Last Resorts 37 Resources 38 Jury Verdict Research Using The Internet 38 Jury Verdict Companies 38 Other Information About Research Jury Verdicts on the Internet 39 Using Search Engines to Find Jury Verdicts 40 Jury Verdict Data from St. Louis, Missouri, and surrounding counties 40 Previous Employer Research Companies 45 Books 45 Appendix 47 Hot Button Words 47 Glossary 49 Please pardon the length of this post. James -- MY WEBSITE: http://www.geocities.com/~davidpascal/swayze/ A COLLECTION of photos of me and some of my artwork: http://www.imagestation.com/album/?id=4292752723&code=2039335&mode=invite A RADIO INTERVIEW on Dr. J's ChangeSurfer Radio program with me and the father of cryonics Prof. Robert Ettinger, author of "The Prospect of Immortality": http://www.radio4all.net/proginfo.php?id=3728 A RELIGION I actually recommend: http://uk.geocities.com/venturist2001/index.html A FAVORITE quote: Last lines of the first Star Trek the Next Generation movie. Capt. Picard: "What we leave behind is not as important as how we've lived, after all Number One, we're only mortal." Will Ryker: "Speak for yourself captain, I intend to live forever!" Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=19567