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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction

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To: Lazarus_Long who wrote (41142)11/11/2005 4:44:23 PM
From: TimF  Read Replies (1) of 90947
 
I'd call that a defect in the law then.

I wouldn't. Or if it is a defect it is only a defect in the sense that the law doesn't bring about perfection, but law is rarely perfect and I don't think allowing you to charge me with fraud for asking for two 10s for a 5 and getting it would make the law more perfect. If every word I say is true, I not only think it would be difficult to charge me with fraud I think it should be difficult or even impossible. There could be some leeway, in the sense that words have more than one meaning and some phrases can be literally true in one sense and lies in another, but if the phrases are true in every sense and by every definition of the words then I don't think its reasonable to bring a fraud charge.

OTOH the 1-900 psychic lines do say things that are not literally true. The "entertainment purposes only" statement does amount to saying that what they are telling you is a story for entertainment, not a representation of the truth. I still don't think that they should be charged with fraud for supposedly using their physic powers to tell you about the future. You would not only have to get past the fact that they provided an accurate disclaimer but also prove that they don't have physic powers and possibly even that they think they don't have such powers. And beyond all that I think going after casinos or "psychics" for providing this entertainment (and there are a number of people who partake of it just for entertainment purposes, knowing that the casino is likely to win and the "psychic" is unlikely to be useful) would be too restrictive on freedom.

I could definitely see a case for a fraud charge if they deceive you as to the terms, if a casino states the odds openly but wildly inaccurately to make it seem much more likely that you could win, or if the "psychic" call line tells you its $1/minute and then they charge $5, that is fraud. Its also should be considered fraud if the psychic not only charges you "for entertainment purposes" for the "predictions of the future", but also predicts things that will cause you to give money to them or a confederate, for example if they tell you that they predict that you will almost immediately receive an investment opportunity that will pay off better than 10 to one, and they have some con artist waiting outside to offer some opportunity for "investment" that amounts to them taking all of your money, than that is also fraud, and would presumably still be considered fraud even in a libertarian system.

Tim
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