Freedom of Speech vs. Slander???

DPK

Senior member
Jan 10, 2000
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When does speech online (for example messageboards or comments) cease being freedom of speech and considered slander?
 

FoBoT

No Lifer
Apr 30, 2001
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fobot.com
http://www.lectlaw.com/def2/s052.htm

SLANDER - A false defamation (expressed in spoken words, signs, or gestures) which injures the character or reputation of the person defamed; distinguished from libel.

The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance, or which occasion any other particular damage. In England, if slander be spoken of a peer, or other great man, it is called Scandalum Magnatum. Falsity and malice are ingredients of slander. Written or printed slanders are libels.

so if it is done on a web site, it is "libel"

http://www.lectlaw.com/def/l032.htm

LIBEL - Published material meeting three conditions: The material is defamatory either on its face or indirectly; The defamatory statement is about someone who is identifiable to one or more persons; and, The material must be distributed to someone other than the offended party; i.e. published; distinguished from slander.

Criminal Law. A malicious defamation expressed either in printing or writing or by signs or pictures, tending to blacken the memory of one who is dead, with intent to provoke the living; or the reputation of one who is alive and to expose him to public hatred, contempt or ridicule. It has been defined perhaps with more precision to be a censorious or ridiculous writing, picture or sign, made with a malicious or mischievous intent.
 

axelfox

Diamond Member
Oct 13, 1999
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Originally posted by: FoBoT
http://www.lectlaw.com/def2/s052.htm

SLANDER - A false defamation (expressed in spoken words, signs, or gestures) which injures the character or reputation of the person defamed; distinguished from libel.

The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance, or which occasion any other particular damage. In England, if slander be spoken of a peer, or other great man, it is called Scandalum Magnatum. Falsity and malice are ingredients of slander. Written or printed slanders are libels.

so if it is done on a web site, it is "libel"

!
 

CRXican

Diamond Member
Jun 9, 2004
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It has to be a false and defamatory accustaion, not just the usual flaming that goes on.

 

DPK

Senior member
Jan 10, 2000
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Ok, so what if on a student's website dedicate to high school teachers, people are allowed rate teachers and leave comments like "she sucked my ****" and Nazi and other racial and sexual remarks about specific teachers. Isn't the website administrator and hosting company responsible for this as slander if they don't monitor and remove those comments?

I know some of these teachers personally and even I am referred to on this page as an "abuser" by one of the students.
 

FoBoT

No Lifer
Apr 30, 2001
63,084
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that sounds actionable to me

i am not a lawyer


but i did stay at a holiday inn express last night
 

DPK

Senior member
Jan 10, 2000
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By the way, the website administrator just passes the comments off as free speech when I asked to have them removed. The website company has not responded and phone calls either lead to an infinite loop or if someone picks up before the infinite loop starts they just tell me to send an email, which gets no respose. I have called the hosted company, chated to their support, and emailed their support and abuse people and nothing has happened and no response was sent. I can not sit by and let this site continue to allow such comments to be posted and go unmoderated. I really don't want to have to threaten legal action but I don't know what else to try. I also am getting the sense the the student who runs the site (assuming it's a student) wants this to turn into some sort of Freedom of Speech thing and see himself on tv as if I was asking him to stop praying in school or something.
 

CRXican

Diamond Member
Jun 9, 2004
9,062
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online stuff is tricky

the remarks have to be very specific, racial and sexual remarks wont matter

accusing someone of being a Nazi however is getting closer to the line, I'm taking a Communications Law class right now so I'm certianly no expert but we've just gone over all this stuff
 

FoBoT

No Lifer
Apr 30, 2001
63,084
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the bottom line is, do you have $$$ to pursue this?

you can complain as much as you want, but unless you can afford to hire a lawyer to start the lawsuit process, they can ignore you
 

NightTrain

Platinum Member
Apr 1, 2001
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Saying you had a sexual encounter with a teacher isn't getting close to the line, it's obliterating it.
 

FoBoT

No Lifer
Apr 30, 2001
63,084
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or you could go the gray/black hat route and get the "right" people to mess with the web site/disrupt it
 

ggnl

Diamond Member
Jul 2, 2004
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In order for it to be actionable you have to suffer some sort of damage because of it. If you can prove that then you might have a case.
 

DainBramaged

Lifer
Jun 19, 2003
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Originally posted by: FoBoT
http://www.lectlaw.com/def2/s052.htm

SLANDER - A false defamation (expressed in spoken words, signs, or gestures) which injures the character or reputation of the person defamed; distinguished from libel.

The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance, or which occasion any other particular damage. In England, if slander be spoken of a peer, or other great man, it is called Scandalum Magnatum. Falsity and malice are ingredients of slander. Written or printed slanders are libels.

so if it is done on a web site, it is "libel"

http://www.lectlaw.com/def/l032.htm

LIBEL - Published material meeting three conditions: The material is defamatory either on its face or indirectly; The defamatory statement is about someone who is identifiable to one or more persons; and, The material must be distributed to someone other than the offended party; i.e. published; distinguished from slander.

Criminal Law. A malicious defamation expressed either in printing or writing or by signs or pictures, tending to blacken the memory of one who is dead, with intent to provoke the living; or the reputation of one who is alive and to expose him to public hatred, contempt or ridicule. It has been defined perhaps with more precision to be a censorious or ridiculous writing, picture or sign, made with a malicious or mischievous intent.

That is a nice website. Thanks for the tip. :)