mercredi, mai 03, 2006

Is It, Or Isn't It?

Let's be clear about something. Running for office and urging someone to do so is as American as baseball and apple pie. It's who we are.

So should you be publicly chastised for stating who you think should run for office?

One explanation of Libel, Slander and Defamation is as follows:
"In English and American law, and systems based on them,
libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of publishing (meaning to a third party) a false statement that negatively affects someone's reputation. "Defamation" is the term generally used internationally, and is accordingly used in this article where it is not necessary to distinguish between 'libel' and 'slander'."
Defamation could, albeit loosely, be applied to the Spice Boys' instance of calling Clint "wacky". It's not exactly the term itself that's a problem, as much as the manner in which they characterize him. To Carvillize it, "it's the intent, stupid".

It's also pretty bold since Clint's blog shows his name. It makes a public statement to a wider audience by a mainstream media outlet, that Clint is x, y, or z without having much knowledge of him. Now of course Clint can respond in his own arena, but you get my point, it's not the same thing.

How nice to see the Spice Boys continue to miss the point. Good job fellas, we are widely entertained by your demonstrated lack of journalistic prowess.


Blogger Chris said...

shame on you PJ doing a post on the spice boys and not once using the word asshat tsk tsk

9:43 PM, mai 03, 2006  
Blogger Phelony Jones said...

Hey I gotta save SOMETHING for next time!!!! :)

10:00 PM, mai 03, 2006  
Blogger Nick said...

I suppose it's an interesting idea, but totally unworkable legally (NOTE: I'm not a lawyer). First, you generally have to show malice, which I don't think you can here. Secondly, obvious statements of opinion are generally protected (as opposed to false statements of fact), and finally... and I think this is the most interesting... the burden of proof for slander/libel is generally much higher when it involves defamation of "public figures".

This of course begs the question... when a person starts a blog for the purpose of putting their ideas out in the open, and actively engages in increasing the traffic to their blog, does that mean that they are a "public figure"?

Just a thought... you now... because I tend to have delusions of graduer and all.

8:49 AM, mai 04, 2006  

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