On Tue, Aug 16, 2016 at 7:11 PM, Jonathan Hall <jhall@futuresouth.us> wrote:
if I’m not mistaken (don’t worry, I’m not) - this doesn’t count as ‘slander’ in any way, shape or form.
Jonathan, Technically you're right, but not for the reason you think. Slander is verbal defamation. Libel is written defamation. The original poster has potentially exposed himself to a libel suit.
This mail thread is not any kind of valid FCC controlled or public communications device, as the internet was actually excluded from the public communications device list under the Freedom of Speech Act in… Was it, 1996? Which means, ‘slander’ can’t be called in this case. You could argue that it can, but you’d lose in court in the long run.
There is no such thing as the "Freedom of Speech Act" in 1996 or any other year, and the FCC does not have the authority to nor has it involved itself in the regulation of speech in any medium.
If you’re aiming for the defamation card? That’s a very difficult one to prove.
It's actually very, very simple. Did the defendant allege one or more facts about the plaintiff? Did the the alleged facts injure the plaintiff's reputation? Did the defendant prove that the alleged facts are true? Yes, Yes, No = liable for cash damages. Regards, Bill Herrin -- William Herrin ................ herrin@dirtside.com bill@herrin.us Owner, Dirtside Systems ......... Web: <http://www.dirtside.com/>