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He clearly defamed identifiable individuals. In this instance it was the disaster victims. I seriously have no idea how you are not understanding this -very- straightforward concept.
Originally posted by RogueMcChronic
reply to post by DoYouEvenLift
He clearly defamed identifiable individuals. In this instance it was the disaster victims. I seriously have no idea how you are not understanding this -very- straightforward concept.
Moving the goal posts, are we?
You were first claiming that the libel part was calling people from Liverpool drug addicts. He didn''t identify a single person there.
Now it's offending the disaster victims. Offending people is not even considered libel.
Again, give it up man.
Originally posted by Grimpachi
reply to post by DoYouEvenLift
Obviously it is because there wouldn’t be any kind of case against him. What he said there is not punishable here in the US. If he was arrested here in the US for that recording he could sue the state.
Nope, didn't move anything. Fairly consistent with my responses.
It would have been easier for him to protect his person if he HAD named someone specifically. By saying "they" he opened himself up to needing to prove every single person was a drug addict.
I don't have to prove that any of them are NOT drug addicts. The man making the claim has to prove that ALL of them are drug addicts.
This is how libel works.
This would be like someone saying that the victims of the World Trade Center attacks were killed because they were all drug addicts.
You working under an incomplete understanding of the law. This man cited a group of individuals and called them drug-addicts without evidence.
He clearly defamed identifiable individuals. In this instance it was the disaster victims. I seriously have no idea how you are not understanding this -very- straightforward concept.
Originally posted by DoYouEvenLift
Originally posted by Grimpachi
reply to post by DoYouEvenLift
Obviously it is because there wouldn’t be any kind of case against him. What he said there is not punishable here in the US. If he was arrested here in the US for that recording he could sue the state.
I've actually already posted the United States Code on Libel which is just one of a litany of charges that could be leveled against him under USC, if even one of those charges were to stick, he could ALSO be charged with an entirely new onslaught of charges detailing his use of electronic communication while in a criminal act.
He would probably go to jail because of poor legal representation regardless. The United States legal process is very expensive.
Originally posted by Grimpachi
Originally posted by DoYouEvenLift
Originally posted by Grimpachi
reply to post by DoYouEvenLift
Obviously it is because there wouldn’t be any kind of case against him. What he said there is not punishable here in the US. If he was arrested here in the US for that recording he could sue the state.
I've actually already posted the United States Code on Libel which is just one of a litany of charges that could be leveled against him under USC, if even one of those charges were to stick, he could ALSO be charged with an entirely new onslaught of charges detailing his use of electronic communication while in a criminal act.
He would probably go to jail because of poor legal representation regardless. The United States legal process is very expensive.
I guess you have never heard of Westborough Baptist Church.
There is your big argument. If if if. I am telling you there is no charge that would stick against him. People record much worse here in the US a no charges. If cows can fly. Sorry no dice. I guess our freedom of speech is just a bit more free.
BTW lawyers will do cases probono here. They are a dime a dozen.edit on 30-12-2012 by Grimpachi because: (no reason given)
conversation becomes an exercise in conjecture based on the few details of the case we actually have.
Originally posted by clintdelicious
reply to post by DoYouEvenLift
But he did not name a specific person though?!?! He can't be sued for libel in this case surely because he has not targeted anyone specifically?
Originally posted by Grimpachi
reply to post by DoYouEvenLift
I also changed my if to a definitely once the details of the case was posted. I am stating as a fact that no prosecutor would touch that case in my country because it wouldn’t be illegal here. Just so we are clear on that. No ifs about it.
Prosecuting him for that recording on the other hand here would get the prosecutor fired and the state sued.
It is true WBC has a great layer but they are not breaking the law and neither is that guy by US standards.
Someone could literally walk into a police station and say, "This guy is talking about me on the internet" and because he self identified as one of the victims, he would have a case.
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual (or individuals) in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them.