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Old 03-11-2010, 10:43 PM   #46
HSP
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Quote:
Originally Posted by MrGiz View Post
I have to admit.... I was wondering about the "accusations, rumors, and slandering" thing too!
Well it's pretty simple ...

"Now if not for the fact she did NOT flip and decide to help LE.. if she had..no one here would know.. she would then be helping them, using her well reviewed, verified, known by others status to set other girls up.."

When you make a statement like this you imply that someone has flipped or put doubts in peoples minds. Now everyone knows who got arrested and that is enough doubt, but continuing statements like is not called for unless there is reason to do so.

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Old 03-11-2010, 10:49 PM   #47
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Well it's pretty simple ...

"Now if not for the fact she did NOT flip and decide to help LE.. if she had..no one here would know.. she would then be helping them, using her well reviewed, verified, known by others status to set other girls up.."

When you make a statement like this you imply that someone has flipped or put doubts in peoples minds. Now everyone knows who got arrested and that is enough doubt, but continuing statements like is not called for unless there is reason to do so.

HSP
That's just it.... I think she (DeAnna) went on to make the rest of her point, which created her reason! She stated as FACT, that said person hadn't flipped! I wasn't confused after reading it...
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Old 03-11-2010, 11:18 PM   #48
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in the end, law doesn't matter on a private board, it only matters what the ones in control truly think..

however one can argue that in order to defame or slander someones character or name, they would have to a good character or name to defame..which in fact at this stage some would argue isn't the case anymore, given the circumstances.

"false light' generally relates to a person's emotion and mental well being, and defamation relates to a persons reputation. False light arguments also have to be SO MISLEADING as to be defamatory..

Defamation in the "Real world" is in fact hard to prove and often fruitless, since my opinion is protected by the first amendment.. which doesn't apply on a private board. I didn't state FOR FACT anyone had done anything.. actually as pointed out, I stated for fact SHE HAD NOT done what i said.. I went on to say "if she had" and while that may cast someone in a false light, its not unreasonable, unfounded nor inplausible that it could be the case, but I did not state it as fact or that it had indeed happened.. proving casting someone in a bad light would require that its unreasonable that it could occur, and what i said is in fact reasonable.. it would also be libel, since its in writing, slander implies spoken word.. this is in print, so libel would be the correct thing..actually kinda a new found "law" cyberlibel, in which it occurs on the internet.. cyberlibel is still being explored and not recognized in all states. also one would have to prove a malicious intent, i said nothing malicious since i did not say for fact what i stated was true, it was a for instance, an opinion, an opinion that is in fact reasonable.. one would also have to prove that by my statement the person in that statement lost or could lose business. However i would then point out how damage was already done and character already damaged given the circumstances, post etc and that 1 could not prove whether my statement or in light of the circumstances there was a decline in business..

perhaps the argument would be that its defamation per se: which would require me to prove the statement I made were true, as opposed to forcing the plantiff to prove without doubt they are false.

i could also argue "fair comment": Fair Comment: Where a statement is found to be a "fair comment on a matter of public interest", the statement will not ordinarily support an action for defamation. if a reasonable person could honestly entertain such an opinion, then the statement is protected

of course the person saying i am in the wrong will say its "not a fair comment", but someone else might decide otherwise. of course we are on a private board where that doesn't count

Opinion: It is said that a person's mere opinion, as opposed to an allegation of fact, cannot give rise to an action for defamation.

Within the context of defamation, that means that the plaintiff must establish by a preponderance of the evidence that the defendant's statements were false, and that the defendant knew or reasonably should have known them to be false at the time the statements were made.. given the circumstances, it can't be said that I should have reasonably known the statement to be false.. a statement in which i made NO ACCUSATIONS! lol

I can also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.

but of course since this is a private board, any of what i just said has no bearing, since we are not in a court where a unbiased person would "judge" this.. it only matters what the mods opinion or interpretation of what i said is..

i could go on.. but this isn't law class..we could argue all day who is right, who would win, what would happen, we all have..oh wait..here is that word.. opinions.. but alas, it only matters of 1 persons opinion

in the end, its merely a case of I need to quit using someone as an example..and that the person in charges opinon of the matter was that it was harmful, no law was broken, its a private board, it would have been simple enough if i hadn't been accused of "spreading rumors", "commiting slander" and defaming someones name. none of which occurred, its simply a case of I said something the mod didn't like and he could have asked me to stop, without accusing me of something.
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Old 03-12-2010, 01:51 AM   #49
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I did ask you stop, here and in private!

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Old 03-12-2010, 02:11 AM   #50
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Originally Posted by MrGiz View Post
That's just it.... I think she (DeAnna) went on to make the rest of her point, which created her reason! She stated as FACT, that said person hadn't flipped! I wasn't confused after reading it...
Whatever the case may be, right or wrong, she was wrong to throw someones name to said comment. THAT is what I take issue with!

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Old 03-12-2010, 03:53 AM   #51
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Well.....that just about covers the fly-bys.
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Old 03-12-2010, 04:58 AM   #52
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Well.....that just about covers the fly-bys.
YEP!! Or. . . . . one could make that argument , anyway!
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Old 03-12-2010, 05:48 AM   #53
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Um, did I just walk through a rift in the space-time continuum and find myself back in law school again?

If I did, I'm going to call Lily and Raquel (Nashville, TN), have two incredible last sessions, and then kill myself with those happy hours as my last memory rather than the hell-on-earth of the law...



Cheers,

bcg
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Old 03-12-2010, 07:27 AM   #54
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well, that's 20 minutes of my life I'll never get back.
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Old 03-12-2010, 09:19 AM   #55
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well, that's 20 minutes of my life I'll never get back.
I have been reading this thread all along and after reading what's been posted today, I have to say that I highly concur with your post here.....This whole thing is getting quite absurd now (and when it started out it was a pretty good thread).....Can we now just move on and let this thing die a proper death???.....
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Old 03-12-2010, 01:38 PM   #56
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Indeed it has gotten absurd, I thought it did start out as a pretty decent thread, and turned into this.. oh well..

we can move on and let this die a proper death..

however good to see ya Big C moderating on the board..missing the presence of the "C" at times
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Old 03-12-2010, 01:56 PM   #57
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We have seen moderators locked lesser threads rapidly, this one should be locked if they want it really to come to an end
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Old 03-12-2010, 03:56 PM   #58
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however good to see ya Big C moderating on the board..missing the presence of the "C" at times
Actually, I've been around a whole lot more over the past few weeks or so as I have at least temporarily taken care of some other issues that was requiring my time.....But thanks for the kind words as it's nice to know someone was missing my presence around here.....lol

Quote:
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We have seen moderators locked lesser threads rapidly, this one should be locked if they want it really to come to an end
I get asked to lock threads all the time and I make a decision to lock a thread based on when I think it's time to lock it (usually just my own feelings on it) and not because some other member wants me to lock a thread.....The only other time I will normally lock a thread is when the threadstarter asks for it to be closed.....I don't think I've ever refused to lock a thread when the OP has requested it be closed.....(hint, hint DeAnna).....
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Old 03-12-2010, 05:42 PM   #59
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Big C... Lock it up if you will.. the purpose of the thread has reached its end.. so please Big C do me the favor of locking it up..

as a side not to your response..glad to know things are clearing up where you can spend more time keeping us in line.. I also appreciate you not just automatically locking it.. good to see ya around
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Old 03-12-2010, 06:17 PM   #60
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closed per request from threadstarter.....
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