Jack
02-16-2006, 01:10 PM
Right, injury, as in something stated that ruins someone's reputation.
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Jack 02-16-2006, 01:10 PM Right, injury, as in something stated that ruins someone's reputation. PUGalicious 02-16-2006, 01:12 PM You publicly maligned her by describing her as a jackass. That can be injurious to her reputation. Jack 02-16-2006, 01:12 PM That's correct. It's not acceptable. You did it to Linda, very directly by name. I used your own words in kind in making a general statement, but taking a dig by bolding the author of the original statement. It's not acceptable when it's attacking another member of this forum. Linda is not a member of this site. I was incorrect in one thing, though. It was not slander; slander is oral statements. It's libel, which is written statements. Libel is written information that is false about another person with the attempt to ruin that person's reputation. Calling someone a name is not providing false information. Libel would be if I stated that she was sleeping around with her president, or something like that. Jack 02-16-2006, 01:14 PM You publicly maligned her by describing her as a jackass. That can be injurious to her reputation. It's clear that you have absolutely no idea what libel, slander, etc. is. People call others names all the time. Look at out senator who called the whole state legislature crapheads. That wasn't illegal. Now, if he would've stated that one of the senators was doing something illegal, when he wasn't, that would've been slander. PUGalicious 02-16-2006, 01:16 PM I'll certainly defer to the attorneys on this site; I am not one. Are you? Your distinction between calling names between members and non-members of this site is a distinction without a difference. The standard applies to both. If you don't like being called a name, then you should engage in calling others names — members or not. She is not a public figure, so that standard does not apply. And do you know for a fact that she is not a registered member in any way, shape or form? Jack 02-16-2006, 01:17 PM So why did you get your feathers in a ruffle and report the post? No. I simply caught you breaking the rules. PUGalicious 02-16-2006, 01:19 PM Patrick posted after my post, even quoting the "offending" language. I wonder why nothing was said then. Jack 02-16-2006, 01:23 PM I'll certainly defer to the attorneys on this site; I am not one. Are you? Your distinction between calling names between members and non-members of this site is a distinction without a difference. The standard applies to both. If you don't like being called a name, then you should engage in calling others names — members or not. She is not a public figure, so that standard does not apply. And do you know for a fact that she is not a registered member in any way, shape or form? I bet this guy is going to get sued for libel for calling Charles Barkley a jerk. Hell, everyone has called him a jerk. They're all getting sued, if your definition of libel and slander is correct. PUGalicious 02-16-2006, 01:24 PM Charles Barkley is a public figure. Jack 02-16-2006, 01:25 PM If Charles Barkley is a public figure, then so is Linda. They both represent corporations in the public arena. Linda represents OKCBusiness.com as Vice President. PUGalicious 02-16-2006, 01:28 PM Try to defend that one in court. Won't go very far. Charles Barkley is a well-know prominent figure. Linda, to my knowledge, is not. Serving as a vice president of a company does not automatically qualify you as a public figure. PUGalicious 02-16-2006, 01:31 PM After doing some additional research, I concede the point that name-calling is difficult to prove as libel/slander. That does not change me position that if you choose to call others names, members or not, you are welcoming the same standard to be applied to you. Jack 02-16-2006, 01:31 PM What public office does Barkley hold? Jack 02-16-2006, 01:31 PM Okay, well it was fun debating with you anyhow. PUGalicious 02-16-2006, 01:34 PM Public figure is not restricted to public office. public figure (http://legal-dictionary.thefreedictionary.com/public+figure) n. in the law of defamation (libel and slander), a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star, or sports hero. Incorrect harmful statements published about a public figure cannot be the basis of a lawsuit for defamation unless there is proof that the writer or publisher intentionally defamed the person with malice (hate). Jack 02-16-2006, 01:36 PM Exactly. Business Leader! PUGalicious 02-16-2006, 01:41 PM Try to use that standard in court; I dare you. You're trying to be clever but you are falling woefully short. Not all business leaders are considered public figures. The key line in that definition is "a personage of great public interest or familiarity." Jack 02-16-2006, 01:45 PM I bet you've never called anyone a name, have you Mr. Perfect Scribe? PUGalicious 02-16-2006, 01:47 PM I never claimed that, did I? Karried 02-16-2006, 02:00 PM :stop: :stop: :stop: :stop: :stop: :stop: Please! We get it ... PUGalicious 02-16-2006, 02:09 PM message received :rolleyes: Jack 02-16-2006, 02:33 PM message received :rolleyes: Jack 02-16-2006, 02:33 PM Duplicate Delete PUGalicious 02-16-2006, 02:34 PM Okay, Linda. Midtowner 02-16-2006, 03:25 PM You guys are pure entertainment. I seriosuly doubt anything in this thread would raise to the level of slander -- actually, probably libel since we're talking about written words. There is also a long line of cases that hold that there must be actual damages to constitute either. This is not the case, however where there are allegations of a loathsome diseas, or they effect the individual in their business trade, profession, office, or calling, and in some cases, if you make the allegation that a woman is unchaste, you might also have problems. Whatever the case, no reasonable person would believe anything coming from Jack. It's also his reasonable opinion that she was rude. I would also find it highly unlikely that anything said on OKCTalk would get Linda fired. She was just doing her job. Finally, this is my opinion, not advice -- although, I did refer to Prosser & Keeton on Torts (a highly authorative treatise), so you might consider my opinion fairly credible. PUGalicious 02-16-2006, 04:09 PM Thank you for your clarification and contribution. I accept your authority on this matter because you certainly have the blood, sweat and tears (law school) to back it up. Randy 02-16-2006, 05:29 PM Thank you for your clarification and contribution. I accept your authority on this matter because you certainly have the blood, sweat and tears (law school) to back it up. Yeah, give MidTowner a pat on the back for his contributions.:LolLolLol He has the blood, sweat, and tears to back it up? Now that's funny:tweeted: . He is only a first year law student, still wet behind the ears. I think everyone should leave this whole copyright thing up to Todd. He has the smarts to take care of this and it is his forum. He can deal with her. Forget about sending Linda (or whatever her name is) any e-mails. If you do, you will look like a big fool, like she does. Finally, I find it offensive that Scribe (Mr. Perfect) called Jack a jack**s. I believe that is against the TOS, and I hope Jack reported it. Mr Scribe, if you can't stand the heat, then get out of the kitchen. Don't be childish and stoop down to calling people names just because they disagree with you. I don't see him breaking any rules or calling anyone names. Todd 02-16-2006, 05:29 PM If you guys haven’t noticed Jack is just a forum flamer. He barely flies within the TOS and contributes just enough to be a nuisance. Todd 02-16-2006, 05:31 PM What's to handle? I removed it the minute the publisher requested. Randy 02-16-2006, 05:35 PM What's to handle? I removed it the minute the publisher requested. See guys? I told you he would take care of it. Oh well, the thread was entertaining, thanks to Scribe, MidTowner, and Jack. PUGalicious 02-16-2006, 06:13 PM Yeah, give MidTowner a pat on the back for his contributions.:LolLolLol He has the blood, sweat, and tears to back it up? Now that's funny:tweeted: . He is only a first year law student, still wet behind the ears. When did you complete your law degree, Randy? Finally, I find it offensive that Scribe (Mr. Perfect) called Jack a jack**s. I believe that is against the TOS, and I hope Jack reported it. Mr Scribe, if you can't stand the heat, then get out of the kitchen. Don't be childish and stoop down to calling people names just because they disagree with you. I don't see him breaking any rules or calling anyone names. You find everything offensive, Randy, so it no longer registers as a serious point of concern. I was simply echoing Jack's words. And if you don't seem him calling anyone names, then you need to pull your head out of your jack. Thanks for your contribution, Randy. Jack 02-17-2006, 08:40 AM Good, I guess that means I can call Scribe any name in the book. PUGalicious 02-17-2006, 04:53 PM Take your chances like the rest of us. Randy 02-17-2006, 06:43 PM Good, I guess that means I can call Scribe any name in the book. I wouldn't stoop down to his level, Jack. PUGalicious 02-17-2006, 06:49 PM You're funny, Randy. |