Why don't those 'wrongfully' accused sue?, page 1
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reply posted on 7-6-2007 @ 03:34 PM by Ahabstar
Okay, in the case of Silverstein he would have to acknowledge that these claims are credible enough to do him harm. I don't have any real money so I could go out of the street corner and yell that Silverstein is pedophile, for example, all I wanted. Pedophilia is a very serious subject and me shouting from the street corner shows intent. But does not prove harm unless he lost a business deal due to it. Now if it was say Rush Limbaugh who does have money, and does have influence through his audience saying he was a pedophile and was serious about it. Then Rush can expect to be sued for slander.

Here is where it becomes tricky. Silverstein is now a public figure, so things can be said in jest or absolute satire. jerry Falwell sued Larry Flint for libel in a case that went all the way to the Supreme Court. Because Falwell was a public figure, Flint had First Ammendment rights of Free Speech to make him a subject of satire.

Now if you want to make a case for double standards. Every CDL holder has what is called a DAC report. This agency that produces this report is exempt from libel even if a driver's DAC report contains errors and outright lies that prevents the driver form obtaining a job with another company. The agency will not remove any information based on a driver's protest or petition. Only the original author of the information can change or remove it. If that author has died or can not be found, the information remains for 10 years on the DAC report.

No court case to date has been able to remove the DAC report as a condition of hire despite the validity of the data contained. The system could brought to the general laborer as well. Imagine that when you apply for a good job that Insubordination could follow you if you told the McDonalds manager that this job sucks when you were 17. Or that you abandoned a truck (in their parking yard) if you did not give what someone felt was enough notice when resigning or couldn't be talked into taking another load in the wrong direction.


reply posted on 7-6-2007 @ 04:07 PM by coughymachine
Let's turn instead to President Bush. Let's put the personal accusations to one side for now since whatever applies to Silverstein presumably applies to Bush. But what about more widely?

This is how Bush charaterises conspiracy theorists and, more importantly, the part conspiracy theories (and conspiracy theorists) play in effectively helping terrorism. Bush sees combating conspiracy theorists as one of the critical parts of a wider counterterrorism strategy. So why no action against those who accuse him, members of his administration and members of the corporate world of having planned and executed the 9/11 attacks?

The source of the following is the
NSC's 'Strategy for Winning the War on Terror'. Original emphasis except for highlighted (red) text.


The terrorism we confront today springs from:

...

  • Subcultures of conspiracy and misinformation. Terrorists recruit more effectively from populations whose information about the world is contaminated by falsehoods and corrupted by conspiracy theories. The distortions keep alive grievances and filter out facts that would challenge popular prejudices and self-serving propaganda.


......

Defeating terrorism in the long run requires that each of these factors be addressed. Effective democracy provides a counter to each, diminishing the underlying conditions terrorists seek to exploit.

...

  • In place of a culture of conspiracy and misinformation, democracy offers freedom of speech, independent media, and the marketplace of ideas, which can expose and discredit falsehoods, prejudices, and dishonest propaganda.


......

Over the short term: Four priorities of action

...

Prevent attacks by terrorist networks. A government has no higher obligation than to protect the lives and livelihoods of its citizens. The hard core among our terrorist enemies cannot be reformed or deterred; they will be tracked down, captured, or killed. They will be cut off from the network of individuals, institutions, and other resources they depend on for support and that facilitate their activities. The network, in turn, will be deterred, disrupted, and disabled. Working with committed partners across the globe, we continue to use a broad range of tools at home and abroad to take the fight to the terrorists, deny them entry to the United States, hinder their movement across international borders, and establish protective measures to further reduce our vulnerability to attack.

...

  • Propaganda operations, which are used by terrorists to justify violent action as well as inspire individuals to support or join the movement. The ability of terrorists to exploit the Internet and 24/7 worldwide media coverage allows them to bolster their prominence as well as feed a steady diet of radical ideology, twisted images, and conspiracy theories to potential recruits in all corners of the globe. Besides a global reach, these technologies allow terrorists to propagate their message quickly, often before an effective counter to terrorist messages can be coordinated and distributed. These are force multipliers for our enemy.



reply posted on 7-6-2007 @ 05:46 PM by Blaine91555
I'm not sure of the differences in British as opposed to US law and no doubt there are differences. I'm not an attorney but as a business owner I pay close attention to what constitutes a valid law suit.

In the US there are a number of things in play. First and foremost is the "Freedom of Speech" issue. If a person is a public figure they are pretty much open game. Accusations actually tend to make them richer rather than causing them harm. The more controversy the more money.

With politicians; if they are seen to be litigious it does not go over well with most voters. Especially if the person making the accusations is not of reasonable sensitivities. Attacking someone who is delusional or mentally ill is a career ender.

Another factor is a Supreme Court decision in 1998 (if memory serves). Our opinion is always protected. You can say anything as long as it is qualified with "In my opinion". No winnable suit will ever happen if it is a persons opinion.

For those in other countries who have never been here; the picture you are getting of the US is not really accurate. Conversely what we get about other countries here is skewed as well. When I had my first conversation with an unbiased, reasonable Russian my entire view of them in general changed dramatically. The same would happen if many of those with warped perspectives about the US would have the opportunity to live here for a while.

A great example of wrongful notions about Civil Actions is the famous Lady who spilled the hot coffee in her lap. She never received a dime for that outlandish, fabricated law suit. It was thrown out (laughed out might be more accurate) of court on appeal. Frivolous suits seldom succeed and since the press only reports the outcome of the first trial, with a jury that has been manipulated through their own bias, people think these nuts really get the money when they don't.

It would cost me about $50,000 to defend against a false suit. If I can settle for under that out of court; that is exactly what I'd do. When this happens the person who has successfully extorted money using the threat is made to sign a non-disclosure agreement and can never reveal the outcome. That is not done to hide anything. It is to ensure that someone else does not read about it and attempt the same thing. Fortunately most suits never make it to court.

Some of these people may have been sued. They would never admit to the out of court settlement and you would never know it happened.
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