#1 2010-12-16 08:59:49

Does anyone here have experience on how to avoid a lawsuit based on Slander?  I am trying my best to post only truths on my blog about Jeff.  I took off the 'douche' comment and have only stated facts.  Basically I don't want to get sued by this asshole. 

So if anyone has any pointers... maybe HKG being that she's a lawyer - or anyone else that has sound legal advice about this kind of thing - it would be very welcome.

RT

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#2 2010-12-16 09:37:54

Why yes I do...actually won a nice little chunk of change in a defamation case, which is currently being appealed so who knows when I'll see any money, if ever.

In Illinois, these types of acts are considered defamation per se, meaning that damage to one's reputation is presumed, and does not need to be proven:

病ccuses the plaintiff of committing a crime;
品ndicates that the plaintiff is infected with a loathsome communicable disease;
品ndicates that the plaintiff is unable to perform or lacks integrity in performing his or her employment duties;
病ttributes to the plaintiff a lack of ability or otherwise harms the plaintiff in his or her profession; or
病ccuses the plaintiff of engaging in adultery or fornication.

However, your state may not recognize defamation per se.

You're good on everything but the accusation of adultery or fornication.  If your state does not recognize defamation per se then you are good on that one as well.  Truth is always a defense, and caliing someone a douche is opinion and not defamatory.  As long as you stick to facts as they actually happened and don't wander into speculation stated as fact, like, "he must have VD after all the holes he's been in," you should be ok.

Also, there's little likelihood that he would ever sue you.  You know too much and it's all admissible to prove your defense of truth.  Once an action is filed it becomes public record and then any other blogger with a similar mission (exposing dirtbags) would be able to report on it with his name and all of the details.  People who have engaged in despicable acts usually don't want public confirmation that they have engaged in despicable acts.

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#3 2010-12-16 09:40:20

So me accusing him of adultery, even when I have and AM proof that he committed it...(I have emails where he talks about the times we met) is considered slander?

That's weird, considering I could prove it in court via email records, and by his own admission via email.  The evidence is damning.

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#4 2010-12-16 10:17:47

Yes, but remember that defamation cases can be made even if you had a defense based on facts. Often lawsuits are brought with the calculation that you can drive the other party to settle by making it too costly or painful to take it to court.

But HKG is right, No cool calculating fauxbrit whomever wants to keep his life intact would ever bring such a case against a wronged lover.

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#5 2010-12-16 10:52:48

Johnny_Rotten wrote:

Often lawsuits are brought with the calculation that you can drive the other party to settle by making it too costly or painful to take it to court.

This is what I am most afraid of, as he has a vat of money, and I don't.  I don't want to ruin myself financially just to out a big scum bag.  We shall see though. If I'm lucky he won't see the site until the statute of limitations goes into effect, then he can't do shit. 

That would be awesome.

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#6 2010-12-16 10:57:20

headkicker_girl wrote:

Why yes I do...actually won a nice little chunk of change in a defamation case, which is currently being appealed so who knows when I'll see any money, if ever.

In Illinois, these types of acts are considered defamation per se, meaning that damage to one's reputation is presumed, and does not need to be proven:

病ccuses the plaintiff of committing a crime;
品ndicates that the plaintiff is infected with a loathsome communicable disease;
品ndicates that the plaintiff is unable to perform or lacks integrity in performing his or her employment duties;
病ttributes to the plaintiff a lack of ability or otherwise harms the plaintiff in his or her profession; or
病ccuses the plaintiff of engaging in adultery or fornication.

However, your state may not recognize defamation per se.

You're good on everything but the accusation of adultery or fornication.  If your state does not recognize defamation per se then you are good on that one as well.  Truth is always a defense, and caliing someone a douche is opinion and not defamatory.  As long as you stick to facts as they actually happened and don't wander into speculation stated as fact, like, "he must have VD after all the holes he's been in," you should be ok.

Also, there's little likelihood that he would ever sue you.  You know too much and it's all admissible to prove your defense of truth.  Once an action is filed it becomes public record and then any other blogger with a similar mission (exposing dirtbags) would be able to report on it with his name and all of the details.  People who have engaged in despicable acts usually don't want public confirmation that they have engaged in despicable acts.

Damn you smart girls are hot.... (where's my lotion and tissues?)

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#7 2010-12-16 11:00:55

Oh another question for you HKG...

When I receive email, is it now my 'property' per se - as in, I can post it on my blog without any repurcussions?

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#8 2010-12-16 11:25:10

Paypal link to any possible legal funds on the website.  If nothing comes of it in whatever time frame, refund the money to the people who donated.

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#9 2010-12-16 13:04:05

Scotty wrote:

Paypal link to any possible legal funds on the website.  If nothing comes of it in whatever time frame, refund the money to the people who donated.

I haven't thought to start asking for legal donations.  I'm hoping that I don't need legal defense.

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#10 2010-12-16 13:35:55

https://cruelery.com/uploads/thumbs/11_post-tits-or-gtfo.png

Auto-edited on 2020-08-02 to update URLs

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#12 2010-12-16 15:37:11

Roger_That wrote:

So me accusing him of adultery, even when I have and AM proof that he committed it...(I have emails where he talks about the times we met) is considered slander?

That's weird, considering I could prove it in court via email records, and by his own admission via email.  The evidence is damning.

You "own" the email.  It's just like a letter.  If someone mailed it to you they might want you to keep it private but they have no control over what happens to it once they drop it in the mailbox.

I didn't say he could win a defamation per se suit...but if he filed that would be what he filed, and of course, your defense would revolve around how he is actually is an adulterer, so it's all true.  I don't think he's that stupid.  I also defended a defamation suit where I represented a corporation...the plaintiff claimed the corporation via human resources had disseminated information about a failed drug test by placing it in her HR file, and thus had defamed her.  Of course the employer has the right to keep records and certain people have the right to access those records.  She had no evidence that anyone without the right to access the records knew about the drug result or that they had told the result to others who did not have a right of access.  I argued that not only were the drug results true,  but by bringing the lawsuit she was the one who had made the results public.

Bottom line -- he won't do shit...if some woman actually sees the web page and calls him on it he will just claim you are a crazy stalker bitch that is mad because he dumped you.  Or you may get a cease and desist letter from some attorney asking you to take it down.  I wouldn't.  I would call his bluff.

If he files I'm sure we all have enough media contacts between us in the real world to get him some negative press and make his life a living hell.

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#13 2010-12-16 15:41:19

I've seen 'em.   Magnificent.  Lovely Nips!

Auto-edited on 2020-08-02 to update URLs

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#14 2010-12-16 15:45:45

Dmtdust wrote:

I've seen 'em.   Magnificent.  Lovely Nips!

You surely aren't talking about mine - as I certainly have not posted photos of my boobs up here before.

Auto-edited on 2020-08-02 to update URLs

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#15 2010-12-16 15:54:43

headkicker_girl wrote:

Bottom line -- he won't do shit...if some woman actually sees the web page and calls him on it he will just claim you are a crazy stalker bitch that is mad because he dumped you.  Or you may get a cease and desist letter from some attorney asking you to take it down.  I wouldn't.  I would call his bluff.

He can call me that, but the ex girlfriend is another factor.  He has done this to two women, not just one.  And we are both willing to stick it to him.

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#16 2010-12-16 16:21:52

Roger_That wrote:

Dmtdust wrote:

I've seen 'em.   Magnificent.  Lovely Nips!

You surely aren't talking about mine - as I certainly have not posted photos of my boobs up here before.

Yes, not here.

Auto-edited on 2020-08-02 to update URLs

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#17 2010-12-16 17:06:28

Dmtdust wrote:

Roger_That wrote:

Dmtdust wrote:

I've seen 'em.   Magnificent.  Lovely Nips!

You surely aren't talking about mine - as I certainly have not posted photos of my boobs up here before.

Yes, not here.

Story time! Story time!


Let me get my popcorn

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#18 2010-12-16 18:49:04

Right one is a bit larger than the left one...

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#19 2010-12-16 19:37:55

Dmtdust wrote:

Right one is a bit larger than the left one...

Oh, gimme a break, Dusty... half of all women have a right one that's bigger than their left... that's like saying "I've seen your package, and I can identify it because your left nut hangs lower than your right"... almost every guy alive has a low-balled lefty.

I'm calling bluff - show or fold.

Last edited by whosasailorthen (2010-12-16 19:39:59)

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#20 2010-12-16 19:54:16

I would never embarrass her on list, plz.  You are just way to eager to see the goods.

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#21 2010-12-16 20:47:00

Dmtdust wrote:

Right one is a bit larger than the left one...

now I know you are wrong.  THey are the same size....

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#22 2010-12-16 20:47:49

And I find it hard pressed to believe Ptah would have shared any remnants of naked photos.

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#23 2010-12-16 20:50:45

Dmtdust wrote:

I would never embarrass her on list, plz.  You are just way to eager to see the goods.

So show them with the naughty bits redacted then.  No embarrassment there.

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#24 2010-12-16 22:00:42

Hey Woggah..... Remember this?

Last edited by Roger_That (2010-12-17 10:00:02)

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#25 2010-12-16 22:18:31

uh.  WHERE THE FUCK DID YOU GET THAT SHIT. 

Theres no way.   Where the fuck is Ptah.  Take that shit offline.

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#26 2010-12-16 22:19:09

But there is more!

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#27 2010-12-16 22:21:32

So many more!

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#28 2010-12-16 22:23:27

Dmtdust wrote:

So many more!

WTF.

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#29 2010-12-16 22:29:00

The full frontal?  You want one of those, or from the party?  Your Call!

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#30 2010-12-16 22:33:37

read your private messages douche.  This is bullshit.

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#31 2010-12-16 22:46:30

"Please Stop, what have I ever done to you?"  Fuck Sakes, don't beg.  Should I put that video up as well?

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#32 2010-12-17 08:28:27

You are a class A ASS.

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#33 2010-12-17 09:41:22

The best part is that my cynical nature assumes that you two have cooked up this "argument" to troll the rest of us.  So there's no way of knowing if that photo is RT or just some random person.  It's like a quantum superposition of being RT's tits and not-RT's tits.

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#34 2010-12-17 09:56:23

Stranger things have been known to happen. But since we can edit each others post if there is really something uploaded  that crosses the line on personal privacy I would expect it to vanish shortly.

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#35 2010-12-17 10:00:34

Johnny_Rotten wrote:

Stranger things have been known to happen. But since we can edit each others post if there is really something uploaded  that crosses the line on personal privacy I would expect it to vanish shortly.

I didn't realize I still had the ability to edit other posts.  Consider it gone.

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#36 2010-12-17 10:02:04

Johnny_Rotten wrote:

Stranger things have been known to happen. But since we can edit each others post if there is really something uploaded  that crosses the line on personal privacy I would expect it to vanish shortly.

Maybe, but half the world has it saved now.

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#37 2010-12-17 10:39:10

Send it to me via PM, I'll confirm whether it was her.

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#38 2010-12-17 10:59:33

Scotty wrote:

Send it to me via PM, I'll confirm whether it was her.

No one saved it, they are all bluffing.  Besides my face wasn't in it.

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#39 2010-12-17 11:02:28

Roger_That wrote:

Scotty wrote:

Send it to me via PM, I'll confirm whether it was her.

No one saved it, they are all bluffing.  Besides my face wasn't in it.

Your face was not there?, I didn't notice.

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#40 2010-12-17 11:31:08

Dmtdust wrote:

Right one is a bit larger than the left one...

Roger_That wrote:

Scotty wrote:

Send it to me via PM, I'll confirm whether it was her.

No one saved it, they are all bluffing.  Besides my face wasn't in it.

I did a "What Celebrity Do You Look Like?" scan on the picture of your boobs and it keeps coming up with "Christina Applegate."

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#41 2010-12-17 12:14:21

Roger_That wrote:

Scotty wrote:

Send it to me via PM, I'll confirm whether it was her.

No one saved it, they are all bluffing.  Besides my face wasn't in it.

Bluffing nothing, we're all fapping.

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#42 2010-12-17 12:23:12

Thank You, Thank You, I will be here through the Weekend.  A possible new performance may be rolled out or not, depending on the level of begging and fapping that can be perceived from comments etc.

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#43 2010-12-17 13:37:58

Dmtdust wrote:

Thank You, Thank You, I will be here through the Weekend.  A possible new performance may be rolled out or not, depending on the level of begging and fapping that can be perceived from comments etc.

If you haven't noticed, revenge is my strong suit.  I am warning you.  I don't know where you got that photo (although I do have a suspect) but if you do it again I'm going to dig deep.

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#44 2010-12-17 13:39:47

The skin tone looks a little off but that might be a winter picture or even the sticky residue on my screen.

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#45 2010-12-17 13:53:00

Roger_That wrote:

Dmtdust wrote:

Thank You, Thank You, I will be here through the Weekend.  A possible new performance may be rolled out or not, depending on the level of begging and fapping that can be perceived from comments etc.

If you haven't noticed, revenge is my strong suit.  I am warning you.  I don't know where you got that photo (although I do have a suspect) but if you do it again I'm going to dig deep.

You are not Sicilian.  You will find it very, very hard to dig anything up on me.  I have a whole bunch of these pics, and especially interesting are the ones where well, intimate things are happening which are to me the most... special.  Go ahead and dig.  I have an Assange Dead Man's Switch, ala The Video.... as well.

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#46 2010-12-17 13:58:01

Dmtdust wrote:

You are not Sicilian.  You will find it very, very hard to dig anything up on me.  I have a whole bunch of these pics, and especially interesting are the ones where well, intimate things are happening which are to me the most... special.  Go ahead and dig.  I have an Assange Dead Man's Switch, ala The Video.... as well.

See, now you just have to.  Don't be a pussy like Assange and release things that are less damaging than what you claim.

Also, give us a timeframe so we can see these before she edits them, please.

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#47 2010-12-17 14:07:42

Scotty wrote:

Dmtdust wrote:

You are not Sicilian.  You will find it very, very hard to dig anything up on me.  I have a whole bunch of these pics, and especially interesting are the ones where well, intimate things are happening which are to me the most... special.  Go ahead and dig.  I have an Assange Dead Man's Switch, ala The Video.... as well.

See, now you just have to.  Don't be a pussy like Assange and release things that are less damaging than what you claim.

Also, give us a timeframe so we can see these before she edits them, please.

You people really have no respect.  Seriously.  Posting a video?  I thought I had some modicum of respect around here.

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#48 2010-12-17 14:22:50

Roger_That wrote:

Scotty wrote:

Dmtdust wrote:

You are not Sicilian.  You will find it very, very hard to dig anything up on me.  I have a whole bunch of these pics, and especially interesting are the ones where well, intimate things are happening which are to me the most... special.  Go ahead and dig.  I have an Assange Dead Man's Switch, ala The Video.... as well.

See, now you just have to.  Don't be a pussy like Assange and release things that are less damaging than what you claim.

Also, give us a timeframe so we can see these before she edits them, please.

You people really have no respect.  Seriously.  Posting a video?  I thought I had some modicum of respect around here.

Hmm, never lubed up with tears before.  This'll be new.

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#49 2010-12-17 20:10:57

Roger_That wrote:

Scotty wrote:

Dmtdust wrote:

You are not Sicilian.  You will find it very, very hard to dig anything up on me.  I have a whole bunch of these pics, and especially interesting are the ones where well, intimate things are happening which are to me the most... special.  Go ahead and dig.  I have an Assange Dead Man's Switch, ala The Video.... as well.

See, now you just have to.  Don't be a pussy like Assange and release things that are less damaging than what you claim.

Also, give us a timeframe so we can see these before she edits them, please.

You people really have no respect.  Seriously.  Posting a video?  I thought I had some modicum of respect around here.

You never know, we might respect you even more after seeing the video....

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#50 2010-12-17 20:20:12

more pics this evening!  Stay Tuned!

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