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Politics : Formerly About Advanced Micro Devices
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To: hmaly who wrote (142769)2/19/2002 6:18:27 PM
From: TimF  Read Replies (1) of 1577116
 
Legally, they both are the same. Until one is convicted in a court of law, legally the rape didn't occur.

Not exactly. Saying legally the rape did not occur implies that the law specifically says there was no rape.

Until someone is convicted the law does not punish them but it doesn't make any claims as to the facts of the case and even if it did one would be free to ignore them just as one would be free to ignore a law that claimed the moon was made of green cheese. I'm not saying that the claim that Bill Clinton did not rape anyone is as crazy as the claim that the moon is made of cheese I am rather just calling attention to the point that changing the law does not change the fact.

But you have no right to publicize it,
and materially harm OJ with your thoughts.

My definitions of rights would go beyond what I would call legal rights but that is a whole seperate conversation and perhaps a very long one. I do have every right to say that I think OJ did it. Even in the purely legal sense I have a right to express my opinion publically. Saying "OJ did it", rather then "I think OJ did it", and saying so in a newspaper rather then on SI or to a person standing next to me, might cause him material harm and in out legal system might result in a lawsuit but the suit would be based on the harm not on any "legal fact" that OJ is innocent. If he was found guilty that would mean that my contention would be supported enough to protect me from a lawsuit even if he did suffer harm, but even though he was found innocent if he tried to sue me for libel and my lawyer could show that a proponderence of evidence shows that he did do it then I would still win the lawsuit.

Tim
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