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Pastimes : Investment Chat Board Lawsuits

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To: rrufff who wrote (7457)2/27/2005 11:12:50 AM
From: Jeffrey S. Mitchell  Read Replies (1) of 12465
 
Rrufff, I don't think anyone would argue that legally actionable material is excused simply because it was posted on a gripe site. Where I think you and I (and Lee) disagree about is where a court might put a threshold level of what rises to the level of legally actionable material. Lee and I appear to want the bar placed quite high. My reasoning is that "conventional" defamation is already very hard to prove in court so, for the sake of practicality (i.e. to not clog up the legal system with cases that would have little chance of making it to trial, let alone a favorable verdict for the plaintiff-- which we appear to both not want), a higher bar would weed nuisance suits out, especially those brought by public figures (such as Home Depot, politicians, officers of publicly traded companies, etc.) who are more likely to have the money and means to sue.

- Jeff
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