Re: Libel (off topic)

> This is correct - I know someone who wrote a piece recently, and there was a
> suggestion of libel. Fortunately for him, it did not come to court because
> his statements were truthful reporting of fact (but the other person did not
> want that fact to be widely known!)

My ex-boyfriend the Miami lawyer (ex from high-school) says:

"The truth walks, bitch."

Both he and I are rather opinionated and vocal and so have been the
target of being threatended with lawsuits.  Not only is the above true,
but regardless of how you feel about the, the ACLU can and will go to
court to protect you from someone threatening lawsuits unfairly.  It's
real easy for someone with money to threaten you into silence.  If what
you say is the truth, and there are even more safeguards against that,
and they threaten to sue you or do sue you in an effort to drive you
into silence because you cannot afford counsel, the ACLU will defend
you.

You must prove that the target of the libel or slander is not in the
public domain (eg: Jay Leno'd be broke otherwise) -- that the person has
not willingly sought the public eye and therefore must also contend with
National Enquirer-style accusations on his or her own; that the libel or
slander is KNOWINGLY FALSE and that the publisher or speaker did not take
reasonable caution to verify sources and accuracy before publishing the
comment; AND that the remark was made with malice -- *INTENT* to harm
the target.  All of the above must hold for a libel or slander case.
That's why you don't see many filed or won.
-- 
Amy Moseley Rupp
amyr@austx.tandem.com, Austin, TX, zone 8b
*or* amyr@mpd.tandem.com
Jill O. *Trades, Mistress O. {}
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