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Who said the Dead can’t be sued for Defaming the Living?

10 Aug

Here Lies A Decedent

Since the start of this organization and throughout its evolution it has been visited by persons who said they had legal knowledge and had come to set the record straight.   They argued there is no need for a law against defaming the deceased.   Going on to explain such a law would give way to frivolous law suits, violate our First Amendment Rights, hamper writers and the dead did not need to worry about their reputations.  It was further pointed out the possibility of a deceased person being sued for an act of slander committed while they were alive was highly unlikely.  

A listener on one of our CadeFlaw radio shows said the probability of a law suit against a decedent for slander happening had about the same chance as an average person affording the Hope Diamond.

Well, the Hope Diamond has just become very affordable.

Well, the Hope Diamond has just become very affordable.

Well, the Hope Diamond has just become very affordable.

Jesse Ventura file a law suit for defamation against the Estate of Chris Kyle author of American Sniper and won.

In January 2012, former Navy Seal Chris Kyle was on the Opie and Anthony and Bill O’Reilly shows promoting his autobiography titled “American Sniper”.  During the interviews Chris Kyle said in 2006 while in a bar that was holding a wake for a slain Navy Seal he punched a man he dubbed Scruff Face, because of derogatory remarks made about Seals who had lost their lives in Iraq.  Later he would identify the person called Scruff Face as former Minnesota Governor and former Navy Underwater Demolition Team member Jesse Ventura.

Jesse Ventura publicly stated he had never met Chris Kyle, was not in the bar when the punch took place and did not disrespect dead Navy Seals.

In 2012 Jesse Ventura filed a petition for a defamation suit which was approved with a court date of June 2013.

“On Saturday, February 2, 2013, Chris Kyle and Chad Littlefield were shot and killed at the Rough Creek Ranch-Lodge-Resort shooting range by veteran Marine Eddie Ray Routh.”

It is reported Jesse Ventura requested the book’s publishing company, and Chris Kyle’s Widow and Estate Executor remove his name from the book and any possible movie.   They stood by Kyle’s claims of accuracy in the book and denied Ventura’s request.   Jesse Ventua petitioned the Courts to move the suit from Chris Kyle to his Estate. The request was granted.

“On July 29, 2014 Jesse Ventura was awarded $1.8 million in the defamation suit against the estate of Chris Kyle”

Dead Can NOT Sue For Slander

The possibility of a deceased person being sued for defamation is a reality.

 But the ability for a family to sue the slanderer of their deceased loved one is an impossibility. 

Because there is no law against defaming the dead.  There is no legal way to hold a slanderer accountable by the Family or Estate of a defamed decedent. 

Let’s change this.

 Sign the Petition:    http://petitions.moveon.org/sign/protect-the-legacy-of.fb51?source=s.fb&r_by=8406728

Contact your U.S. Senator and have them endorse it:    http://www.senate.gov/general/contact_information/senators_cfm.cfm

Contact the President and ask him to endorse it:    http://www.whitehouse.gov/contact/write-or-call#write

Contact family, friends & associates and ask them to do the same.

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There are many gaps and omissions in the articles available for research.  Few articles hold an unbiased stance on this situation.  Nowhere did I find an accurate chronicle of events.  I will leave further reading and discussion of the rights or wrongs of either party to you readers.

References:

http://www.businessweek.com/articles/2014-07-30/jesse-ventura-wins-his-not-so-dumb-defamation-suit-against-dead-hero

http://beforeitsnews.com/alternative/2013/02/naval-seal-author-chris-kyle-lies-then-dies-what-next-for-jesse-ventura-2554836.html

http://www.tpnn.com/2014/07/30/the-reaction-to-jesse-venturas-victory-in-his-lawsuit-against-chris-kyles-widow-aint-pretty/

http://www.cbsnews.com/news/jesse-ventura-wins-1-8m-in-american-sniper-defamation-case/

S. Kendrick – a.k.a. Dial Dancer

 

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2 responses to “Who said the Dead can’t be sued for Defaming the Living?

  1. Sheryl Wilder

    August 11, 2014 at 8:11 pm

    I followed the Jesse Ventura case largely because he was a former governor of my state. I was not interested in taking sides in this case, but after the verdict was announced, I came away thinking the jury supported the premise that everyone better be able to support what they write with careful attention to facts and detail.

    Thank you for helping me take my thinking one step farther. While I have long supported the efforts of Cadeflaw, your article uses the perfect example to explain why this law is needed.

    Well done.

     

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