The Q&A Boards Idle Ramblings

[Zorax]

janice shell Member Level Saturday, 08/07/21 04:47:41 PM
Re: wEaReLeGiOn post# 198607
Post # of 198622

Is that little girl a public figure?

Why don't you answer what is wrong in this depiction? This child according to the poster "knows this is wrong"

The little girl was at a very public event in the Rose Garden, where Biden signed a bill honoring the police who defended the Capitol on January 6. She had a ball, and got to hand out the pens. Her brother also had fun; at one point he was practically organizing the event.

And their parents were only a few feet away. So Freddie is, as usual, just making a fool of himself.

Does 'making a fool of himself' give one the license to disparage kids and presidents? And stretch the limits of public decency to propagate hatred and bigotry?

At what point does libel get beyond this websites cocoon of protection?
Not a single member wants that post to remain for what it represents, and this websites says that members are the deciding factors for content, yet it remains. Did everyone agree this is a reprehensible post that should be removed? The member is reprehensible themselves, a personal contention of people, and probably may not be sanctioned against but the post certainly has no reason for being. Was the post done with malice? I would say so, but that's just my own opinion. And maybe not litigatable and posted through a third party on the internet.

libel

1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact, and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for "general damages" for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called "special damages." "Libel per se" involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages. Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages. Most states provide for a party defamed by a periodical to demand a published retraction. If the correction is made, then there is no right to file a lawsuit. Governmental bodies are supposedly immune for actions for libel on the basis that there could be no intent by a non-personal entity, and further, public records are exempt from claims of libel. However, there is at least one known case in which there was a financial settlement as well as a published correction when a state government newsletter incorrectly stated that a dentist had been disciplined for illegal conduct. The rules covering libel against a "public figure" (particularly a political or governmental person) are special, based on U. S. Supreme Court decisions. The key is that to uphold the right to express opinions or fair comment on public figures, the libel must be malicious to constitute grounds for a lawsuit for damages. Minor errors in reporting are not libel, such as saying Mrs. Jones was 55 when she was only 48, or getting an address or title incorrect. 2) v. to broadcast or publish a written defamatory statement.


Public Figure
Also found in: Dictionary, Thesaurus, Wikipedia.
Public Figure

A description applied in Libel and Slander actions, as well as in those alleging invasion of privacy, to anyone who has gained prominence in the community as a result of his or her name or exploits, whether willingly or unwillingly.

If a plaintiff in a libel or slander action qualifies as a public figure, he or she must show that the libelous or slanderous conduct of the defendant was motivated out of actual malice as required in the case of new york times co. v. sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964).
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
public figure

n. in the law of defamation (libel and slander), a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star, or sports hero. Incorrect harmful statements published about a public figure cannot be the basis of a lawsuit for defamation unless there is proof that the writer or publisher intentionally defamed the person with malice (hate).