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Old 09-30-2012, 11:52 AM   #23
Peter Debelak
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Join Date: Jul 2008
Location: Avon, OH
Posts: 303
Default Re: Experiences in South Florida Around 1980

Quote:
Originally Posted by Legalguide View Post
Please bear in mind that post#6 would be considered libelous by US law. They would be considered assertion of fact, not opinion. The person in question would not be considered a public figure. And the burden of proof on the factual veracity of those statements in post #6 would be on the person who said them. The person, or in this case persons libeled are not responsible to prove the statement is false, only that they are harmed by it. The person making the statement would have to prove the statement is true in order to reduce or eliminate any court judgement. Also, the objection made by the parties that have been named is sufficient in the eyes of the legal system to constitute a request for a retraction. Publishing a retraction will also reduce a court judgement, but failing to do so would also be considered in determining damages.

Also, the general rule is that anyone who repeats a defamatory statement is just as liable as the person who originally made it.

Best,

LG
LG:

There is a robust community of people here, who come from various perspectives and experiences. There is a very good amount of self-policing, and plenty of apologizing.

Given that there's been some intense hurt of those who emerged from the LC, there is bound to be heightened feelings and opinions. But, I think it is notable how well the group pursues truth, challenges one another on opinion and fact, and how often such inquiries result in either apologies or real revelations of fact.

In light of that, I'm not sure what your purpose is here. You aren't a regular commentator, dipping into your professional experience to aid the group. You've come out of no where to issue what can only be construed as a borderline threat. I doubt it would be taken as a threat if you had established a report of being interested in the dialogue here. But given that your ONLY post is regarding legal liability, its hard to read otherwise.

That said, I won't leave things to my deductions and I'll just ask: What's your interest here?

Thanks.

In Love,

Peter
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