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Microcap & Penny Stocks : FAMH - FIRAMADA Staffing Services -- Ignore unavailable to you. Want to Upgrade?

To: Little Engine who wrote (8320)	3/27/1998 1:36:00 AM
From: JIN CHUN	Read Replies (1) \| Respond to of 27968

<OFF TOPIC> If you're sick of this, hit the next button! Ha ha. No. From the first amendment handbook: "Libel occurs when a false and defamatory statement about an identifiable person is published to a third party, causing injury to the subject's reputation. A defamatory communication exposes a person to hatred, ridicule, or contempt; it lowers him in the esteem of his fellows, causes him to be shunned, or injures him in his business or calling. Defamation can take the form of libel -- published or broadcast communication, or slander -- oral communication." New York Times v. Sullivan, 376 U.S. 254 (1964); Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967) Supreme court ruling requiring the plaintiff to only prove that the defendant had a reckless disregard for the truth or veracity of the offending statement. Libel suits require IDENTIFICATION A plaintiff must prove that the alleged defamatory publication refers to him or her. Libel suits require a proof of HARM Accusations of fraud, incompetence or improper behavior by business or professional people would be considered to be libelous on their face in most states. "Opinion is still protected speech under the First Amendment, although the Supreme Court limited the formerly broad reach of opinion protection in Milkovich v. Lorain Journal. The court ruled that there is no separate opinion privilege, but because factual truth is a defense to a libel claim an opinion with no "provably false factual connotation" is still protected. As a result of this decision, courts will examine statements of opinion to see if they are based on or presume underlying facts. If these facts are false or defamatory, the "opinion" statements will not be protected." Jin. Just setting it straight. And no I'm not a lawyer, but I know somebody who plays one on TV.