Re: Slander/Defimation of character
Posted by Res Ispa Loquitur on 2/02/07
It seems this question is for code and honor instead of
law.
Defamation is for the KNOWNING spread (publish) of false
information. A defence to defamation is the Truth. If he
has a paper saying you did this will serve as proof he KNEW
of the Truth. However, Every person is under a duty to make
sure the information is correct they are saying. If not
then his "reckless disregard for the truth" will buy him
some liability. An Example is when journalists take a story
but do not check on the source's creditabilty. So this guy
might have a bogus paper he should have KNown if he checked
it out to be false.
Now for Dafamation there has to be harm to reputation. Lets
see you did a virtous thing by going to the proper
authorities to report a crime. But in your area this
virtuous act is considered injurious to your character. But
you will be able to proove "special damages" ie injury to
esteem respect of community to get liab for slander. For
slander you need proof of harm ie special damages.
Before I went to law school I studied History. It was
common place for this type of thing to occur. One of the
remedies I read over and over to combat this evil spread of
lies was to take out an ad in the newspaper stating: For
the Record I have not spoken to the authorities and any
statement to the contrary is false. I "challenge" anyone to
come up with any paper or witness that can support this
false allegation. I am PERPARED to pursue an action in
court for all damage caused to my good name."
It might be silly to you right now. But it does cause people
to talk and puts "pressure" on this guy with the paper to
produce it. IF you have to put out a reward for this paper
showing you said this. $100 reward might be cheaper and less
painful than getting beat. Good luck
Res Ispa Loquitur
On 1/30/07, Adam wrote:
> Hi, this is a serious question on a serious personal
> situation I'm in. I have an appointment with my lawyer,
> but not till next week, and this is got me going crazy.
> Well, to make a long story short, there's this guy in my
> hometown who is telling everyone that he has a document
> from the state that states I turned State evidence against
> him a couple of years ago. He is taking this to an
> extreme. He has even made false reports to the police,
> while I'm at my home, with my wife and kids, an hour
> away....... My brother in-law is a cop in my home town,
> and he tells me all this. I also here I'm a "snitch" from
> everyone I see from that town. Now I'm even hearing it up
> here where I live. Now there's people who will kill
> someone if they think they are a "snitch". Not to
> mention, I went to this guys house to confront him about
> this. I asked to see the document, which should not
> exist, because I have never gave any information to any
> authorities. This man threatend to kill me, and would not
> show me the paperwork. I want to know if it really
> exists, because if it does, than the undercover cop, who
> supposedly I talked to, made a false document. Now I am
> in jeapordy, and my character has been assasinated in the
> process. I want justice. I am a man of pride and honor.
> I would never even give up my worst enemy. What can I do?
Posts on this thread, including this one
- Slander/Defimation of character, 1/30/07, by Adam.
- Re: Slander/Defimation of character, 2/02/07, by Res Ispa Loquitur.