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Politics : View from the Center and Left

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To: Mary Cluney who wrote (10063)1/27/2006 3:24:05 PM
From: TimF  Read Replies (1) of 541613
 
You mean if the teacher lost his job and could never teach again as a result of what O'Reilly did, O'Reilly's actions should not be punished?

If he was O'Reilly is/was proven wrong than the teacher would be able to teach again. Assuming for some odd reason that this was really impossible than perhaps you could have a lawsuit for libel or slander but you would (and IMO should) have to prove malice or at least "reckless disregard" for whether it was false.
I don't think that O'Reilly made an intentionally false statement out of malice. Whether he exhibited "reckless disregard for the truth" is not something I can answer. I didn't see the show in question, and even if I did it might not be an easy issue to resolve.

And, you are saying that if the criminal justice system ever became so just that when people who cause unnecessary harm to others are punished, we would be living in a totalitarian society?

I'm saying that false reporting should not face criminal sanction. And that civil libel should not be applied unless the statement was intentionally and maliciously false or at least both malicious and made with reckless disregard for the truth. If reporting that turns out to be false is subject to criminal penalty or subject to severe civil penalty without a high hurdle for the plaintiffs than freedom of speech will be greatly harmed and yes that is a step towards totalitarianism.

Tim
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