It's in my factbook
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by Godular » Sat Sep 09, 2017 11:58 am
by Vassenor » Sat Sep 09, 2017 12:01 pm
by G-Tech Corporation » Sat Sep 09, 2017 12:06 pm
by Great Confederacy of Commonwealth States » Sat Sep 09, 2017 12:06 pm
Shofercia wrote:Great Confederacy Of Commonwealth States wrote:
'Defaming entire groups' is impossible by definition, because defamation is a highly personal offence. The phrase 'group defamation' makes no sense, at least not in a legal context.
And while free speech doesn't mean consequence free speech, it does mean that a government (for example, via a court) cannot punish you for what you say. You don't have to be useful to society in order to apply for free speech. Free speech can be inherently useless. In order for it to work, it has to apply with opinions people might not agree with.
I'm not a lawyer, but yelling "FIRE!" in a crowded theater is punishable by Court, isn't it? Defamation means damaging the good reputation of a person or a corporation. So you can theoretically have Group Defamation when you say that Alex, Bill, and Clyde belong to Shitheads United, who want to drive at high speed into groups of Black People for no reason. If you defamed a group called Shitheads United, that's fine, but if you say that everyone who voted for Trump is part of Shitheads United, and Alex, Bill, and Clyde openly said that they voted for Trump, aren't you essentially claiming that Alex, Bill, and Clyde are part of Shitheads United?
by Guelder » Sat Sep 09, 2017 12:07 pm
by United Muscovite Nations » Sat Sep 09, 2017 12:10 pm
Guelder wrote:Vassenor wrote:
So because you got warned then all the mods hate all conservatives.
You didn't read that full factbook. They find this: viewtopic.php?f=16&t=422956 Not trolling, but they find this: viewtopic.php?f=16&t=422650 Trolling.
by Great Confederacy of Commonwealth States » Sat Sep 09, 2017 12:11 pm
Guelder wrote:Vassenor wrote:
So because you got warned then all the mods hate all conservatives.
You didn't read that full factbook. They find this: viewtopic.php?f=16&t=422956 Not trolling, but they find this: viewtopic.php?f=16&t=422650 Trolling.
by Godular » Sat Sep 09, 2017 12:11 pm
Guelder wrote:Vassenor wrote:
So because you got warned then all the mods hate all conservatives.
You didn't read that full factbook. They find this: viewtopic.php?f=16&t=422956 Not trolling, but they find this: viewtopic.php?f=16&t=422650 Trolling.
by Shofercia » Sat Sep 09, 2017 12:12 pm
New Rogernomics wrote:It is often quoted, but it is very hard in the US to prove that such speech warrants punishment. Merely shouting fire isn't enough, and it wouldn't be shouting fire that results in punishment, but the results of shouting fire. If people were injured or killed in a stampede to try and get out of the theater, then that would likely result in punishment. But merely shouting 'fire', and no one getting up to leave, and the theater ignoring it, would be different.Shofercia wrote:I'm not a lawyer, but yelling "FIRE!" in a crowded theater is punishable by Court, isn't it? Defamation means damaging the good reputation of a person or a corporation. So you can theoretically have Group Defamation when you say that Alex, Bill, and Clyde belong to Shitheads United, who want to drive at high speed into groups of Black People for no reason. If you defamed a group called Shitheads United, that's fine, but if you say that everyone who voted for Trump is part of Shitheads United, and Alex, Bill, and Clyde openly said that they voted for Trump, aren't you essentially claiming that Alex, Bill, and Clyde are part of Shitheads United?
by Torsiedelle » Sat Sep 09, 2017 12:13 pm
by Herskerstad » Sat Sep 09, 2017 12:15 pm
by Proctopeo » Sat Sep 09, 2017 12:16 pm
Herskerstad wrote:Doubt it will stick on CNN.
The SPLC however might be in deep trouble for some of their defamatory labelling as proving damages over their (sometimes ridiculous) labels is not going to be a hard case to make.
by Shofercia » Sat Sep 09, 2017 12:18 pm
Great Confederacy Of Commonwealth States wrote:Shofercia wrote:
I'm not a lawyer, but yelling "FIRE!" in a crowded theater is punishable by Court, isn't it? Defamation means damaging the good reputation of a person or a corporation. So you can theoretically have Group Defamation when you say that Alex, Bill, and Clyde belong to Shitheads United, who want to drive at high speed into groups of Black People for no reason. If you defamed a group called Shitheads United, that's fine, but if you say that everyone who voted for Trump is part of Shitheads United, and Alex, Bill, and Clyde openly said that they voted for Trump, aren't you essentially claiming that Alex, Bill, and Clyde are part of Shitheads United?
Yes, that is indeed punishable. But that is because free speech has bounds. Not the bounds you describe, though. Free speech is free, unless you use it to directly harm others, in methods set out by the law. Defamation, for example, or group insult, or indeed, yelling 'bomb' during a 4th of July parade. However, these bounds are more the exception than the rule, and the rule that free speech has to be useful infringes too much on the right to free speech. No right is without bounds, after all, but that does not mean you can place the bounds wherever one would like.
Defamation, in a legal context, means making a false statement about an identifiable person that hurts his or her reputation. For example, saying 'Alex, Bill and Clyde sacrifice babies to Satan under a full moon'. That would not be a group defamation, but three seperate defamation. However, the persons have to be identifiable. That doesn't necessarily have to be by name, but it has to refer to some individual. 'Trump supporters' is a way too broad group to be separately identifiable; there are millions of people that sentence applies to.
Even then, making such statements about political groups is protected speech. In the public debate, little is protected from free speech, because for a good public discussion, we don't need a fear to be sued to buggery. It's essential for a democratic society that people are given a wide area of operations in the public space.
by Great Confederacy of Commonwealth States » Sat Sep 09, 2017 12:21 pm
Shofercia wrote:Great Confederacy Of Commonwealth States wrote:Yes, that is indeed punishable. But that is because free speech has bounds. Not the bounds you describe, though. Free speech is free, unless you use it to directly harm others, in methods set out by the law. Defamation, for example, or group insult, or indeed, yelling 'bomb' during a 4th of July parade. However, these bounds are more the exception than the rule, and the rule that free speech has to be useful infringes too much on the right to free speech. No right is without bounds, after all, but that does not mean you can place the bounds wherever one would like.
Defamation, in a legal context, means making a false statement about an identifiable person that hurts his or her reputation. For example, saying 'Alex, Bill and Clyde sacrifice babies to Satan under a full moon'. That would not be a group defamation, but three seperate defamation. However, the persons have to be identifiable. That doesn't necessarily have to be by name, but it has to refer to some individual. 'Trump supporters' is a way too broad group to be separately identifiable; there are millions of people that sentence applies to.
Even then, making such statements about political groups is protected speech. In the public debate, little is protected from free speech, because for a good public discussion, we don't need a fear to be sued to buggery. It's essential for a democratic society that people are given a wide area of operations in the public space.
So anyone can say that "everyone who voted for Trump should be hung, drawn, and quartered" and that would be perfectly fine?
by Herskerstad » Sat Sep 09, 2017 12:26 pm
Proctopeo wrote:Herskerstad wrote:Doubt it will stick on CNN.
The SPLC however might be in deep trouble for some of their defamatory labelling as proving damages over their (sometimes ridiculous) labels is not going to be a hard case to make.
They once revealed a man's medical and financial situation for posting about men's rights activism on a blog.
I think it's still up, too.
by The Grande Republic 0f Arcadia » Sat Sep 09, 2017 12:28 pm
Sailence wrote:LOL Trump supporters are using political correctness against the advocates of it? AHAHAHAHAHA Trump supporters never fail to enlighten me in their hypocrisy.
by Shofercia » Sat Sep 09, 2017 12:44 pm
Great Confederacy Of Commonwealth States wrote:Shofercia wrote:
So anyone can say that "everyone who voted for Trump should be hung, drawn, and quartered" and that would be perfectly fine?
No, that would not be fine. That would be inciting violence, which is wholly different from defamation. As a lawyer, I'm trying to show that 'defamation' is not the right action to take here. Defamation is a precisely defined action in law, and it should only be used in cases where it applies. Even your last example is not defamation. Which is not to say that it isn't wrong. Saying a thief isn't a murderer does not mean I agree with the thievery.
by Great Confederacy of Commonwealth States » Sat Sep 09, 2017 12:48 pm
Shofercia wrote:Great Confederacy Of Commonwealth States wrote:No, that would not be fine. That would be inciting violence, which is wholly different from defamation. As a lawyer, I'm trying to show that 'defamation' is not the right action to take here. Defamation is a precisely defined action in law, and it should only be used in cases where it applies. Even your last example is not defamation. Which is not to say that it isn't wrong. Saying a thief isn't a murderer does not mean I agree with the thievery.
Oh, I see. So you're saying that it's inciting violence against a group, but not defaming them. Fair enough, that makes sense to me.
by Soyouso » Sat Sep 09, 2017 4:36 pm
by The Black Forrest » Sun Sep 10, 2017 12:00 am
by The Black Forrest » Sun Sep 10, 2017 12:01 am
Soyouso wrote:https://youtu.be/tDcAuKnISMQ
Me right now^
CNN had it coming, with their biased shit. They really had it coming. I honestly find this diabolically pleasing because of the sheer irony of this situation..
by Blasted Craigs » Sun Sep 10, 2017 12:10 am
by Vassenor » Sun Sep 10, 2017 12:32 am
Soyouso wrote:https://youtu.be/tDcAuKnISMQ
Me right now^
CNN had it coming, with their biased shit. They really had it coming. I honestly find this diabolically pleasing because of the sheer irony of this situation..
by Blasted Craigs » Sun Sep 10, 2017 12:39 am
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