Comments for Internet Defamation Blog http://internetdefamationblog.com Internet Defamation and SLAPP Law by Aaron Morris, Attorney Sat, 10 Mar 2012 01:47:58 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on With Anonymous Posters, it is Essential to Move Quickly by How to handle negative, anonymous posts and Internet defamation | JOURNAL OF HUMANITARIAN AFFAIRS http://internetdefamationblog.com/with-anonymous-posters-it-is-essential-to-move-quickly/#comment-258 How to handle negative, anonymous posts and Internet defamation | JOURNAL OF HUMANITARIAN AFFAIRS Sat, 10 Mar 2012 01:47:58 +0000 http://internetdefamationblog.com/?p=443#comment-258 [...] An attorney who specializes in defamation tells us it is very important, if an individual or group wants to seek legal action against an offender, to respond quickly.  Delays can cause problems in locating some of the offensive material, allowing the possible guilty party to dodge the responsibility.   Often a resolution can be made and the offending material taken down when reporting is done immediately. [...] [...] An attorney who specializes in defamation tells us it is very important, if an individual or group wants to seek legal action against an offender, to respond quickly.  Delays can cause problems in locating some of the offensive material, allowing the possible guilty party to dodge the responsibility.   Often a resolution can be made and the offending material taken down when reporting is done immediately. [...]

]]> Comment on Is Rush Limbaugh Facing a Claim for Defamation? by Aaron Morris http://internetdefamationblog.com/is-rush-limbaugh-facing-a-claim-for-defamation/#comment-215 Aaron Morris Mon, 05 Mar 2012 18:31:12 +0000 http://internetdefamationblog.com/is-rush-limbaugh-facing-a-claim-for-defamation/#comment-215 It's possible, but as I stated, at least if I were representing Limbaugh, it wouldn't survive the first motion. You may recall the case from a couple of years ago where a model who was called a "skank" sued for defamation, and <a href="http://internetdefamationblog.com/anonymous-posters-are-not-immune-from-defamation-claims/" title="Skank Case on Internet Defamation Blog" target="_blank" rel="nofollow">I predicted</a> at the time that the "skank" comment would not be found to be defamatory, because there is no skank meter we can employ to determine whether the statement is true or false. As it turned out, once the model exposed the identity of the person who called her a skank, she was satisfied and dismissed her own action, so my prediction was never tested. However, as to Limbaugh's "slut" comment, the same is true. How do we determine if someone is a slut? If in Limbaugh's parlance, anyone who engages in premarital sex is a slut, then by his definition the statement is true. The far more problematic comment was his assertion that Fluke is a prostitute. That would be slander <em>per se</em> because it accuses her of criminal conduct. However, for the reasons I stated, I don't think Fluke could ever successfully argue that the comment was made as an assertion of fact. It’s possible, but as I stated, at least if I were representing Limbaugh, it wouldn’t survive the first motion. You may recall the case from a couple of years ago where a model who was called a “skank” sued for defamation, and I predicted at the time that the “skank” comment would not be found to be defamatory, because there is no skank meter we can employ to determine whether the statement is true or false. As it turned out, once the model exposed the identity of the person who called her a skank, she was satisfied and dismissed her own action, so my prediction was never tested.

However, as to Limbaugh’s “slut” comment, the same is true. How do we determine if someone is a slut? If in Limbaugh’s parlance, anyone who engages in premarital sex is a slut, then by his definition the statement is true. The far more problematic comment was his assertion that Fluke is a prostitute. That would be slander per se because it accuses her of criminal conduct. However, for the reasons I stated, I don’t think Fluke could ever successfully argue that the comment was made as an assertion of fact.

]]> Comment on Is Rush Limbaugh Facing a Claim for Defamation? by Dave Porter http://internetdefamationblog.com/is-rush-limbaugh-facing-a-claim-for-defamation/#comment-194 Dave Porter Sun, 04 Mar 2012 04:06:25 +0000 http://internetdefamationblog.com/is-rush-limbaugh-facing-a-claim-for-defamation/#comment-194 Weren't Limbaugh's statements "Libel per se?" And he certainly has no protection available, given the clear and present hostility with which he made his remarks. She may have been a public figure, but his reckless disregard for the truth, combined with his obvious hostility towards Ms. Flukes, add up to a great big fat target - with deep pockets. Mr. Limbaugh has jumped the shark. Plus, he could be looking at a Washington, DC jury in civil court, which could well put him in front of exactly those people who would most like to give him a long, deep, and thorough application of justice and the American Way. Weren’t Limbaugh’s statements “Libel per se?”
And he certainly has no protection available, given the clear and present hostility with which he made his remarks.
She may have been a public figure, but his reckless disregard for the truth, combined with his obvious hostility towards Ms. Flukes, add up to a great big fat target – with deep pockets.

Mr. Limbaugh has jumped the shark. Plus, he could be looking at a Washington, DC jury in civil court, which could well put him in front of exactly those people who would most like to give him a long, deep, and thorough application of justice and the American Way.

]]> Comment on “Lying” Comment Was Not a Verifiable Fact Given Context by Is Rush Limbaugh Slander a Woman When He Called Her a Prostitute? | Internet Defamation Blog http://internetdefamationblog.com/lying-comment-was-not-a-verifiable-fact-given-context/#comment-191 Is Rush Limbaugh Slander a Woman When He Called Her a Prostitute? | Internet Defamation Blog Sat, 03 Mar 2012 05:34:19 +0000 http://internetdefamationblog.com/?p=158#comment-191 [...] all, because defamation law makes clear that context is everything. Back in 2009 I wrote about the case of radio commentator Tom Martino who stated on his consumer show that the sellers of a boat were “lying”. The plaintiffs/sellers [...] [...] all, because defamation law makes clear that context is everything. Back in 2009 I wrote about the case of radio commentator Tom Martino who stated on his consumer show that the sellers of a boat were “lying”. The plaintiffs/sellers [...]

]]> Comment on “Lying” Comment Was Not a Verifiable Fact Given Context by Internet Defamation | Calling Someone a Liar is Defamatory, Judge | Internet Defamation Blog http://internetdefamationblog.com/lying-comment-was-not-a-verifiable-fact-given-context/#comment-135 Internet Defamation | Calling Someone a Liar is Defamatory, Judge | Internet Defamation Blog Wed, 22 Feb 2012 01:27:26 +0000 http://internetdefamationblog.com/?p=158#comment-135 [...] With all due respect Judge (Judges hate it when you say that), that does not make the comments non-defamatory. Yes, the circumstances of a statement can dictate whether the statement was meant to be taken as true, but you don’t get to call someone a liar and get a pass because the reader knows you were mad when you said it. The circumstance that allows you to get away with calling someone a liar is if the reader would know that you simply don’t have sufficient knowledge to know whether someone is a liar, as illustrated by another case I wrote about. [...] [...] With all due respect Judge (Judges hate it when you say that), that does not make the comments non-defamatory. Yes, the circumstances of a statement can dictate whether the statement was meant to be taken as true, but you don’t get to call someone a liar and get a pass because the reader knows you were mad when you said it. The circumstance that allows you to get away with calling someone a liar is if the reader would know that you simply don’t have sufficient knowledge to know whether someone is a liar, as illustrated by another case I wrote about. [...]

]]> Comment on “Lying” Comment Was Not a Verifiable Fact Given Context by Defamation Libel Slander | Some Judges Just Don't "Get" Defamation | Aaron Morris, Attorney http://internetdefamationblog.com/lying-comment-was-not-a-verifiable-fact-given-context/#comment-134 Defamation Libel Slander | Some Judges Just Don't "Get" Defamation | Aaron Morris, Attorney Wed, 22 Feb 2012 01:15:27 +0000 http://internetdefamationblog.com/?p=158#comment-134 [...] With all due respect Judge (Judges hate it when you say that), that does not make the comments non-defamatory. Yes, the circumstances of a statement can dictate whether the statement was meant to be taken as true, but you don’t get to call someone a liar and get a pass because the reader knows you were mad when you said it. The circumstance that allows you to get away with calling someone a liar is if the reader would know that you simply don’t have sufficient knowledge to know whether someone is a liar, as illustrated by another case I wrote about. [...] [...] With all due respect Judge (Judges hate it when you say that), that does not make the comments non-defamatory. Yes, the circumstances of a statement can dictate whether the statement was meant to be taken as true, but you don’t get to call someone a liar and get a pass because the reader knows you were mad when you said it. The circumstance that allows you to get away with calling someone a liar is if the reader would know that you simply don’t have sufficient knowledge to know whether someone is a liar, as illustrated by another case I wrote about. [...]

]]> Comment on Court of Appeal Applies SLAPP Law to Zimbabwe Case by Emotional Distress | Anti-SLAPP Motion | Arbitration | California SLAPP Law http://internetdefamationblog.com/court-of-appeal-applies-slapp-law-to-zimbabwe-case/#comment-39 Emotional Distress | Anti-SLAPP Motion | Arbitration | California SLAPP Law Sun, 05 Feb 2012 02:20:31 +0000 http://internetdefamationblog.com/?p=359#comment-39 [...] fall under the right of redress aspect of the anti-SLAPP statute, but he was wrong. As I discussed here, the standard is very broad – even a trial in Zimbabwe is considered an official [...] [...] fall under the right of redress aspect of the anti-SLAPP statute, but he was wrong. As I discussed here, the standard is very broad – even a trial in Zimbabwe is considered an official [...]

]]> Comment on Court of Appeal Applies SLAPP Law to Zimbabwe Case by An Emotional Distress Claim Should Not Be Undertaken Lightly | Internet Defamation Blog http://internetdefamationblog.com/court-of-appeal-applies-slapp-law-to-zimbabwe-case/#comment-38 An Emotional Distress Claim Should Not Be Undertaken Lightly | Internet Defamation Blog Sun, 05 Feb 2012 02:07:59 +0000 http://internetdefamationblog.com/?p=359#comment-38 [...] fall under the right of redress aspect of the anti-SLAPP statute, but he was wrong. As I discussed here, the standard is very broad – even a trial in Zimbabwe is considered an official [...] [...] fall under the right of redress aspect of the anti-SLAPP statute, but he was wrong. As I discussed here, the standard is very broad – even a trial in Zimbabwe is considered an official [...]

]]> Comment on Law Student Blogger Fights to Remain Anonymous by Student Debt? What Student Debt? | Your Own Law Firm http://internetdefamationblog.com/law-student-blogger-fights-to-remain-anonymous/#comment-15 Student Debt? What Student Debt? | Your Own Law Firm Tue, 20 Dec 2011 00:23:30 +0000 http://internetdefamationblog.com/?p=342#comment-15 [...] dissatisfied law school grads, saddled with debt and finding only poor job prospects.  On my Internet Defamation Blog, I wrote about the law student from Thomas M. Cooley Law School who was not happy with that [...] [...] dissatisfied law school grads, saddled with debt and finding only poor job prospects.  On my Internet Defamation Blog, I wrote about the law student from Thomas M. Cooley Law School who was not happy with that [...]

]]> Comment on Law Student Blogger Fights to Remain Anonymous by Student Debt? What Student Debt? « The Practice of Law http://internetdefamationblog.com/law-student-blogger-fights-to-remain-anonymous/#comment-14 Student Debt? What Student Debt? « The Practice of Law Mon, 19 Dec 2011 06:39:49 +0000 http://internetdefamationblog.com/?p=342#comment-14 [...] dissatisfied law school grads, saddled with debt and finding only poor job prospects.  On my Internet Defamation Blog, I wrote about the law student from Thomas M. Cooley Law School who was not happy with that [...] [...] dissatisfied law school grads, saddled with debt and finding only poor job prospects.  On my Internet Defamation Blog, I wrote about the law student from Thomas M. Cooley Law School who was not happy with that [...]

]]>