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Medical Forum / Diseases and Disorders / Prostate Cancer / April 2008

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Califchief - 20 Apr 2008 09:00 GMT
I.P replied to Steve Kramer:

> The victim must also prove financial damage, which trolls
> seldom achieve.

Absolutely not in California.  It ** could be ** one of the
elements in a plantiff's claims in a suit alleging slander
(46.3), but it's not necessary.

CALIFORNIA CODES
CIVIL CODE
SECTION 43-46

43.  Besides the personal rights mentioned or recognized in the
Government Code, every person has, subject to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
injury to his personal relations.

44.  Defamation is effected by either of the following:
  (a) Libel.
  (b) *Slander*.

45.  Libel is a false and unprivileged publication by writing,
printing, picture, effigy, or other fixed representation to the eye,
which exposes any person to hatred, contempt, ridicule, or obloquy,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.

45a.  A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo or
other extrinsic fact, is said to be a libel on its face.  Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as
a proximate result thereof.  Special damage is defined in Section
48a of this code (newspapers and broadcast stations).

46.  *Slander* is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or
other means which:
  1. Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
  2. Imputes in him the present existence of an infectious,
contagious, or loathsome disease;
  3. Tends directly to injure him in respect to his office,
profession, trade or business, either by imputing to him general
disqualification in those respects which the office or other
occupation peculiarly requires, or by imputing something with
reference to his office, profession, trade, or business that has
a natural tendency to lessen its profits;
  4. Imputes to him impotence or a want of chastity; or
  5. Which, by natural consequence, causes actual damage.


What does Washington say about slander and libel?

RCW 9.58.010

Libel, what constitutes.

Every malicious publication by writing, printing, picture, effigy,
sign[,] radio broadcasting or which shall in any other manner transmit
the human voice or reproduce the same from records or other appliances
or means, which shall tend: --

    (1) To expose any living person to hatred, contempt, ridicule or
obloquy, or to deprive him of the benefit of public confidence or social
intercourse; or

    (2) To expose the memory of one deceased to hatred, contempt,
ridicule or obloquy; or

    (3) To injure any person, corporation or association of persons in
his or their business or occupation, shall be libel. Every person who
publishes a libel shall be guilty of a gross misdemeanor.

[1935; 1909; 1891; 1881; 1879; 1869]

It's still a crime (crimial action) in Washington State.
Financial loss is not a necessary element of the crime.
(2) ....one deceased -- removed from California law.

California moved libel and slander from the Penal Code to the
Civil Code sometime after I studied law, obtained a degree in
Criminal Justice, and after I spent 10 years with the PD before
swapping my badge for a badge from the FD.

California also dropped "true statements" from the defination of
slander and libel.  The state also dropped offenses against the
character of a person who is deceased (Washington still has this).

___ Blue Wave/QWK v2.12
Steve Kramer - 20 Apr 2008 12:16 GMT
> I.P replied to Steve Kramer:
>
[quoted text clipped - 8 lines]
> CIVIL CODE
> SECTION 43-46

I forgot we were dealing with California.  There, it seems, and probably in
Massachusetts, "words" are made equivalent with "sticks and stones."
I.P. Freely - 21 Apr 2008 03:03 GMT
> 44.  Defamation is effected by either of the following:
>    (a) Libel.
>    (b) *Slander*.
Etc.

I care about slander only to the extent it impacts me. It impacts me
only when a) I let it bother me or b) it harms my credibility. I let it
bother me only when it harms my credibility, which happens only when the
slanderer has inherent credibility AND his specific accusation is
credible. Neither of those applies to this unknown He'sDeadJim
character, and CERTAINLY not to the all-too-well-known Safire, so I
don't care what they type.

IIRC, HDJim once posted something credible about cancer, but since then
I've seen nothing rational from him. Safire never even made THAT cut.
And even if someone posts great quantities of brilliant cancer-related
stuff, that still doesn't establish the credibility of his ad hominem.
Neither obsessing on one insult nor slamming the whole U.S. military is
rational or credible, so it hurts them more than it hurts me.

Sue 'em? Naaag; screw -- and PLONK -- 'em. It's both easier and more
effective.

I.P.
He'sDeadJim - 21 Apr 2008 16:10 GMT
>> 44.  Defamation is effected by either of the following:
>>    (a) Libel.
[quoted text clipped - 20 lines]
>
>I.P.

Nah go ahead and sue us IP. Just call a lawyer and tell him a couple
of guys you know as  He'sDeadJim  and  safire are slandering the good
name of one IP Freely. Let us know when he stops laughing and points
out you can't slander an alias. LMAO
 
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