ANST - Court of Public Opinion

[donato at mail.stlnet.com]

Accusations of illegal behavior are not opinion. They are statements given
as fact, and unless the laws are different in Texas and Oklahoma, Pug has a
legitimate concern regarding libel and libel suits.  If he is list
administrator, and he allows for libelous messages (anything that holds a
person up to public scorn or ridicule) to be transmitted, he could be
legally liable as well as the person who sent the message which was
published.  Even if the statements are "provably" true, the legal issue of
invasion of privacy comes into question.  Basically, if there is no public
record of illegal activity, it is unwise and potentially illegal to make
such accusations in this venue.  Pug is aware of this no doubt and that's
why he wants it stopped.

BTW: there are two kinds of libel: per se and per quod.  Per se means just
coming right out with an accusation.  Per quod means defaming someone via
implication.  Both are actionable.

Donato el Lobo

At 06:59 AM 5/22/98 -0500, you wrote:
>Normally I would reserve my comment on this to private e-mail, but I am
>requesting that we hear the public opinion on something.
>
>Pug, I know this is your list and can do anything you want, I respect
>that and will adhere to it, however I have a difference of opinion with
>you.
>
>You state:
>
>		This list is not a court of law. This list is not a
>court of the
>		Society. This list is not a court of public opinion.
>This list is not a
>		court.
>
>		I say:
>		But truly, Isn't this a court of public opinion? Aren't
>we saying our opinions every time we write a message?  Aren't we
>expressing ourselves?  The definition may be gray, but if you remove the
>ability to post opinion, you have limited the conversation threads a
>whole bunch.
>
>		I would ask everyone, is this a court of public opinion?
>(by answering, even no, you answer yes)
>		
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>
>
____________________________________________________________________
The miracle is that in loving them, we are loving God.  
Look with wonder at the ones you love, for they are the face of God.
----Dudley from "The Preacher's Wife."
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