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Category Archives: Cadeflaw Initiative

Will The Real Michael Brown Please Stand Up: Defaming A Decedent

Michael Brown 4 Photos for WordPress

Michael Brown of Ferguson, Missouri, died on August 9, 2014, although he is no longer here his family and friends will celebrate having known him. Michael Brown’s legacy is yet determined, as he no longer has a say in shaping it or know who will gain from any contributions he may have made.                                   

“ The life and legacy of the deceased lies in the memory of the living.”

For anyone to see what your body looks like head to toe from any angle requires many photographers circling you in many patterns of 360 degrees. Each would have to simultaneously capture that moment-in-time.  The photos produced would only mark a small space of time in your life.  The photographer at your 10 o’clock may produce a photo that shows your left as a body with a symmetry our society touts as “perfect”.  The photo from your 2 o’clock right may show a bulge considered a “flaw” by society’s standards.  Whether perfect or flawed the resulting images will offer only a glimpse of an action or a viewer’s perception of the models’ thought transformed into action.

Michael Brown Photo with Gold Sweather On for WordPress

“Al Tompkins, a senior faculty member at the Poynter Institute, a non-profit school for journalism St. Petersburg, Fla., said in a statement posted on the school’s website that the hashtag campaign forces people and news organizations to re-examine how images are received and perceived.”

Michael Brown 3 Photos for WordPress

Adding one-dimensional or distorted photos to a story of the same nature delivers a caricature, than a reasonable representation of a whole person. When presented out of context with ill-intent, at its worst it becomes slanderous. Sites which boast as encyclopedia services, providers of Media content for publishing and who take it on themselves to present their information as objective and factual have a duty. Their duty is to ensure it is just that, particularly when recounting stories about the deceased.

It is not against the law to slander the dead. Currently there is no law in the United States, which responds to complaints of defaming the deceased. Defamation so egregious it steals from their legacy.  Defamation of a decedent so bad that it undermines the well-being of their survivors “who have to bear the brunt of possible character assassination due to familial ties with the defamed decedent?”   Survivors may experience a decline in their revenue or social status or is cause to suffer psycho-physiology damage due to that defamation.”

No law is a magic pill offering treatment for all our ills. If that were the case murder, defrauding the elderly and abuse crimes would not happen, because people would heed the laws’ built-in warnings of punishment by imprisonment or loss of money.   Regardless to its’ non-existent magical properties; it is better to have a law that can address a specific offense than not.

Egregious defamation, defamation with malicious intent or defamation due to negligence occurs through spoken and written words or images when used with indifference and disrespect or intent to do harm. It gives a false or deliberately inaccurate perception of the persons or events involved.

Compare a legacy to a tree or an evolving story.   The details of Michael Brown’s life and most notably his death continues to unfold with parts sparingly provided, but his legacy already bears the burden of defamation through negligent reports of some and by malicious design of others.   Whether Michael Brown’s family or Estate, or another’s would have need and use a law which makes it illegal to slander the dead is a negative statement, because no such law exists.

Michael Brown Photo Artwork for WordPress

Let’s change that.  Let’s make it happen.

Sign The Petition

Contact your U. S. Senators  Ask them to endorse the Initiative:

Contact the  President  Ask him to endorse the Initiative.

Contact family &friends.  Ask them to do the same.

Reference:

http://www.morehouse.edu/newscenter/social-media-with-a-message/

Notice:  No photos shown here are the property of AdLLaw.  They may be found on the internet under free source sites.

Examples:

http://en.wikipedia.org/wiki/Shooting_of_Michael_Brown

 http://www.breitbart.com/Big-Government/2014/08/19/hands-up-story

 http://charlestonthuglife.net/2014/08/14/what-a-sham/

http://www.csmonitor.com/USA/USA-Update/2014/0817/Ferguson-shooting-What-s-known-now-about-Michael-Brown-video

“Darren Wilson, the Ferguson, Mo., police officer whose fatal shooting of Michael Brown touched off more than a week of demonstrations, suffered severe facial injuries, including an orbital (eye socket) fracture, and was nearly beaten unconscious by Brown moments before firing his gun, a source close to the department’s top brass told FoxNews.com.”

http://www.foxnews.com/us/2014/08/20/missouri-cop-was-badly-beaten-before-shooting-michael-brown-says-source/

There is no law against slandering the dead, but there should be.  There should be a law to address serious slander of Michael Brown right now.  A Law for you, me and Darren Wilson in the future.

WE ALL BEEN AND DONE ENOUGH

Dedicated to:  Eugene Taylor.  Gone, but not forgotten

S. Kendrick, AdLLaw/Cadeflaw Resolution Specialist – a.k.a. Dial Dancer

 

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

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.

10599881_519033774908701_431143186_o

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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Deceased on Trial

Deceased Defendant On Trial

S. Kendrick – a.k.a. Dial Dancer

 
 

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A Legacy: “Everyone Will Have One Like It Or Not”

A person’s Legacy has much in common with a tree.  Some will be saplings others aged oak, but all can continue to grow and provide long after the person tending it has gone.

Each must weather their own type of elemental disturbances, endure tests of enforced glut and drought to insure they can thrive and survive.  When healthy, both can provide physical and emotional shelter and support during life’s torrents.  Seed from them can be the beginning of the new.  Depending upon need, both may be a social and economic mainstay; a source of creativity, inspiration, teaching and a way of validating an existence.

A Legacy like mature trees will bear varied fruits.  Drawing from an achievement, contribution or even a misstep will be according to a user’s specific objectives, ties, goals, tastes and intent.  

Each of us will leave something behind when we die, something you alone touched, so when people look upon it or think of you, you are there.

A Legacy Everyone Will Have Photo

You will be etched into the minds of others through the stories they share about you, pass on and hand down which becomes part of your Legacy.  You may diligently build your Legacy with the future in mind or be absent minded in its care, or unaware how significant it can be and to whom, but it is yours to fashion and the stories shared should be told according to your words and deeds, and none other.

Like with trees the unprincipled destruction of a Legacy robs future generations of its potential benefits.

There is no law against defaming the dead, and with that there is no way to protect their Legacy from being depreciated. Decedents can be sued through their representatives for defamation committed while alive and have a judgment placed against their Estate. The reverse is not possible.

To keep the unprincipled from vandalizing a Legacy and robbing those who can gain from it there must be a law to help protect the deceased from defamation and having the Legacy wrongly characterized.

Please support the CadeFlaw/AdLLaw Petition Initiative.  There are many laws which protect the deceased as they do the living against theft, except one, defamation.  Let’s change that.

Support Goals:

To have each supporter sign the petition. Contact your Senate Representatives and the President. Let each know you approve of this proposed law and wish them to endorse it as well. Make them aware of the Initiative by sending them the link to the petition which has the purpose and requirements plainly written out. Pass this information on to family, friends and associates and ask them to support as well. 

The Petition

Contact State Senators

Contact U.S. President

Photos from:  http://www.clker.com, www.thisoldyard.net,

Submitted By: S. Kendrick – a.k.a. Dial Dancer

 
 

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The Death of A Good Name: At What Cost?

Ecclesiastes 7:1…..A good name is better than fine perfume, and the day of death better than the day of birth.

Death is the final cessation or termination of existence. In the case of this article a “Good Name” speaks of a reputation and a legacy.  A “good name” is a good reputation, where the name alone evokes thoughts of a great person, such as the name David had in Israel.  A legacy, in historical terms, is something that is handed down from one period of time to another period of time. A historical legacy can be a positive thing or a negative thing. Source

Something handed down from an ancestor or a predecessor or from the past. Source

BLACK HEADSTONE2We are not born with good names but they are given to us upon arrival. We build on what has been given to us and our legacies begin to take shape as we move forward with the construction of that foundation, using the tools that have been handed down to us. At times we may take a turn in error or lay down some material not so promising to keep the storm from destroying that which we have built. Many have attempted, for decades, to destroy what Michael Jackson worked so hard to build and it is time for the viciousness to be put to rest.

The name Michael Jackson is one that’s esteemed globally. He has the greatest fan base in the world. They are not well received by many but that is only because they labor to protect his name, not to protect any wrong doings, but the good name he left behind.

Personally, I never supposed Michael Jackson to be a perfect man but a good man who strived for excellence.  Although many will continue to call him a “Perfect” man he never accomplished that task, because no human is capable. However, he portrayed a great illusion of perfection. As the saying goes, “Things are rarely what they seem.” Beneath the complicated layers of illusion stand imperfect people with very imperfect lives. Source

King David was one such person. Despite the fact that he was chosen by God to be King and despite his many successes as King, David remained a very imperfect man who led an imperfect life. He struggled with issues prevalent today: temptation, greed, dishonesty, and adultery among them. His sins were numerous and devastating. His walk with God faltered. Yet despite his imperfection, David was a man who sought God. Despite David’s imperfection, God did not turn away from him.

King David was not a perfect man but a good man. He was counted and is noted to be a man after God’s own heart. Yet, history reveals that David committed some shocking acts and the memory of King David is blessed. He is still well thought of today. Proverbs 10:7 – The memory of the just is blessed: but the name of the wicked shall rot.

Michael 5x7 Color 2013I can assure you that Michael Jackson is also such a man. His name will not rot but he will be remembered and honored for many decades to come. Four years has passed since his death and he is still being remembered and his name is blessed among men all over the world.

It is not by sheer coincidence a warning was announced by the AEG legal team that some horrible and definite revelations would be unearthed with a negative reference to Michael Jackson; and we get that. Surely that promise has been kept. It is my opinion that this threat was made to encourage Mrs. Jackson to drop the lawsuit and I am glad she did not. At what cost should she give up the right to find out what actually happened to her son? For that, I salute her. We have to stand up for we were not given the spirit of fear but of power, a sound mind and love.

2 Timothy 1:For God hath not given us the spirit of fear; but of power, and of love, and of a sound mind.

Now, we have another onslaught of tabloid foolishness accusing Mr. Jackson of paying millions of dollars as hush money to victims he supposedly molested. We then have a good friend who gave sworn testimony eight years ago that Michael was innocent and had never touched a child in a demeaning way. After four years of his passing this “friend” threatens Michael Jackson’s estate with a lawsuit. IF these things are true, and I have no doubt they are lies, why did the accuser not go to the police or just tell his story. His first stop was to the Estate managers with the intent of being paid. What is more important, the truth or getting paid? We get that too.

Let me be clear, the Anti-Defamation Legacy Law Advocates DO NOT advocate against victims of sexual abuse whether they be children or adults. In fact these offenders should be punished immediately and harshly. However, it has been proven in a court of law that Michael Jackson was innocent of the alleged charges of child molestation. How long will those who loathe or secretly hate him continue to extort him financially and morally? Though his body is no longer available to receive the continued jabs, they have now been transferred to his family and especially to his three children. They now suffer the continued and unexpected thrusts of those jabs.

It is reprehensible to continue to damage or to slay a person’s reputation by promoting rumor, innuendo, gossip and sensationalism as fact after they can no longer protect themselves. Hiding behind the First Amendment, while exploiting the names of the deceased for entertainment and profit, is not honorable.

A person’s Legacy is defined as how they are remembered; what contributions they made while they were alive. Timeless parts of themselves are passed on to others leaving hope for the future.

It is time for those in authoritative positions and/or leaders to take a stand against irresponsible journalism and fight to protect the rights of those who can no longer fight for themselves. These continued and debasing attacks on Michael Jackson’s name is, simply put, an attempt to bring “Death to his good name”.

Photo 1 of Those Defamed frame 5How much longer will those of us who believe in the memory and excellence of this good man, Michael Jackson, have to battle unaided by the managers of his estate to protect and preserve his legacy?  It seems to be a never ending combat zone, but yet we stand strong and will not stop until we are heard. Will the Estate Managers’ take a position on the latest allegations of child molestation? Will you allow your voices to be counted among ours? At what cost will we continue to allow this man’s name to be murdered? Michael Jackson has a global network of soldiers to support you; speak up for this man.

Until one can learn how to separate FACT from CONJECTURE they should have nothing to say.  So far the estate managers have done a fairly decent job preserving Mr. Jackson’s assets but what will they do to protect and preserve the name attached to those assets?

Mr. Michael Jackson’s name will not ROT. We will keep it nourished with LOVE along with the presentation of FACTS.

MJ Brookins, CAD

CADeflaw’s goal is simple.  We wish to include the deceased among those who can be legally defamed in California and give their families a statute upon which to base a civil cause of action.  Support the Cadeflaw Initiative by signing the petition. Protect and Preserve the Legacy of those deceased.

AdLLaw Initiative GLOBAL Petition

Global Petition Link Petition Closed

CA Petition Link Petition Closed

Resources:

http://www.icr.org/article/good-name/

http://www.letgodbetrue.com/pdf/good-name.pdf

http://www.scotland.gov.uk/Publications/2011/01/11092246/3

 

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