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Tag Archives: Cadeflaw Petitions

Now Enough Is Too Much: Defaming The Dead

Now Enough Is Too Much.jpg1Now Enough Is Too Much.jpg2Now Enough Is Too Much.jpg3Now Enough Is Too Much.jpg4

Sign the petition

http://petitions.moveon.org/sign/protect-the-legacy-of

Contact the US President and both US Senator for your State:  Tell them you support the AdLLaw Initiative and wish them to endorse it so it may become law.

http://www.whitehouse.gov/contact/write-or-call

http://www.senate.gov/general/contact_information/senators_cfm.cfm

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

 

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Why A Law For The Dead?

Why A Law For The Dead?

 

An AdLLaw Petition signee commented:

“The fact that people take advantage of this loophole is disgusting.”

Why A Law For The Deceased2It is not so much a loophole as a conscious decision by lawmakers to avoid doing the right thing.   In order for it to be a legal loophole there would first have to be a law.  The absence of this law provides immoral profit for some, a perverse entertainment for many and pain for others.

Michael Jackson continues to be one of the hardest working persons in the entertainment business.  The US Courts and Government are in agreement he is enough of a person to continue to produce material; be a part of that material; go on tour; be sued; taxed; hire contractors and employees through representation.  But he is no longer a person when it comes to getting justice for slander against him.

Michael Jackson is not alone when it comes to this.  It happens to persons known the world over and those only known in their hometown.  All these people are equally important.

If a decedent can be sued for slander which may have happened while they were alive, have the case against them handled by family or estate managers then why does it not work in reverse?

The biggest argument against this proposed law is it will violate our First Amendment rights.

That is misleading.


Crime Is SlanderIf making a law which makes it illegal to slander the deceased violates US First Amendment Rights then there would be no slander laws, not even for the living.

Because the crime is slander.  Not who is or can be slandered.  

Support the Petition Initiative:

http://petitions.moveon.org/sign/protect-the-legacy-of

Contact the lawmakers and tell them you support the proposed law and want them to do the same.

http://www.senate.gov/general/contact_information/senators_cfm.cfm

http://www.whitehouse.gov/contact/write-or-call#write

(We do not support cover ups or intimidating wronged people.  We ask that if the wronged is the deceased they are not ignored)

By: S. Kendrick, Resolution Specialist – a.k.a. Dial Dancer

 
5 Comments

Posted by on May 27, 2014 in AdLLaw Initiative, Advocacy

 

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AdLLaw Thunderclap Campaign

AdLLaw Thunderclap Campaign

“Bring about legislation to include the deceased among those who, when defamed, can have the same legal protection http://thndr.it/QR2Zd6”
Join AdLLaw Initiative in sharing this message together at the same time – automatically.

https://www.thunderclap.it/projects/11867-anti-defamation-legacy-law?locale=en

 

AdLLaw Thank You Card

 

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Did YOU Know?

Defamation PhotoIt’s NOT about US.

It’s NOT about ME.

It’s NOT about YOU.

It’s NOT about FAME.

It’s NOT about FORTUNE.

It’s NOT about JUSTICE.

It’s NOT about REVENGE.

It’s NOT about WHO THOUGHT OF IT FIRST.

It’s NOT about who gets the CREDIT.

AdLLaw Initiative Photo Card (1)It’s ABOUT “Protecting and Preserving” the Legacies of these people. ARE YOU ANGRY ENOUGH TO SUPPORT the Anti-Defamation Legacy Law Initiative by asking your two U.S. Senators and the President of the United States, to author and pass an “Anti-Defamation Legacy Law? These people are worth the effort. #AdLLawInitiative

There has been an orchestrated plan to destroy Michael Jackson’s reputation since 1993, and it has NOT STOPPED even in death. WHEN WILL IT STOP? It won’t unless we ask our two U.S. Senators and the President of the United States to support the #AdLLawInitiative by authoring and passing a law; to give the family members of the deceased a law to sue those who defame their deceased relatives.

The beautiful photos are NICE. The projects are BEAUTIFUL and well deserved, but they won’t mean a thing if the general public, globally, continue to believe that Michael Jackson was a child molester; that Trayvon Martin’s death was a good thing because he was a gangster; that former First Lady Betty Ford was a whore; that God hated Steve Jobs, Marine Lance Corporal Matthew Snyder, Army Spc. Carrie L. French and Whitney Houston was a “crack-head whore” as well as some other horrific things many of the deceased has been named since their death.

Did you know that Bill SB 131 to Extend Statute of Limitations – Child Molestation, is a new law set to go into effect as scheduled on Jan. 1, 2014, if the CA Governor does not veto it? Source 

Did you know that SB 131 gives alleged as well as real victims a causal connection window of five years as opposed to the existing three-year period to file a lawsuit after the date of discovery by a mental health professional that their psychological trauma is indeed linked to their childhood sexual abuse? Bill Analysis

Did you know that SB 131 (Beall) was amended on May 2, 2013 and the hearing date was on May 7, 2013?  http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0101-0150/sb_131_cfa_20130506_142631_sen_comm.html

Did you know that Wade Robson filed his claim on May 1, 2013 and has been granted a court date in June of 2014?   Source

Robson’s lawyer also mentions a psychiatrist who treated him — the doctor is a leader in the field of child psychology. NO OFFENSE TOWARD THOSE WHO ARE REAL VICTIMS, BUT IS THIS REALLY A COINCIDENT?  CA SB 131 was amended on May 2, 2013; one day after Wade Robson filed his claim and the bill is amended to read what Wade Robson needed to file a late claim.

This bill should be enforced for those who sincerely need it but not for anyone to file bogus claims. This is really a tender situation for those who are REAL victims.  It is very difficult to attack a bill that should have been enforced a long time ago, but really Wade Robson. I support this bill but I do NOT support those who use something worthy for financial gain because they can.  This bill is intended to support REAL victims. Conveniently, Mr. Robson did NOT remember being molested as he was the “Star” witness for Michael Jackson’s defense at the 2005 trial.

New Molestation Claim Against Michael Jackson    Another Source

Many of us are well acquainted with being molested, as children and adults, and we support the amending of this law and the victims, but we cannot support those who use something intended for real victims to benefit those who use it for financial gain.

There is no “Magic Wand” to make this disappear and it won’t go away because YOU choose to ignore it.  WE have to come TOGETHER to make this happen or at least make a mighty loud noise about it. We must support the victims of abuse but, at the same time, oppose those who will use this law to defame someone who is NOT here to defend himself.

The Anti-Defamation Legacy Law Advocates (AdLLaw) is a non-profit, charitable and advocacy organization which wants to have a U.S. law passed allowing for family members of defamed deceased people to sue for civil damages.

Even the non-famous can be targets which mean that we and our loved ones are at risk.

Adllaw Photo 2The law protects the likeness and image of a person dead or alive, and the same should hold true for their reputation.

AdLLaw Initiative Letter

AdLLaw Petition

Follow the Anti-Defamation Legacy Law Advocates on Twitter: @CADEFLAW

Submitted by: MJ Brookins, AdLLaw Director

 
12 Comments

Posted by on November 12, 2013 in AdLLaw Initiative, Advocacy

 

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A Legacy Never Dies

“When are the dead not dead? The ancient peoples of the Andes believed we keep the dead “alive” as long as we continue to remember them.” (1)  We of AdLLaw say:  “The life and legacy of the deceased lie in the memory of the living.”

Most Latin countries celebrate the Day of the Dead.  Day of the Dead or Dia de los Muertos festivals are commonly celebrated in countries where there is a Spanish-Speaking population or Spanish customs are observed. The celebrations focus on family members that have passed away.  United States, Mexico, Brazil, Guatemala, Haiti, Bolivian and Ecuador each have a special and positive ceremony for honoring their dead. (2)

Celebrated United States Days of the Dead

A Legacy NEVER Dies

The United States celebrate several days which are meant to honor the dead and those who have contributed to and served this Nation.  Days such as Memorial Day, Veterans Day, President’s Day, Dr. Martin Luther King Day and 911.  All countries have some celebration, ceremony or “Veneration of the dead”(3) 

“Remembrance Day” which is similar to the US Veterans Day is celebrated in the UK, Canada, Oceania, Australia, Western Europe and South Africa. Germany has their Day of Commemoration of Heroes.  Russians celebrate “The Defender of the Fatherland Day.”  These celebrations are rooted in a belief we honor our ancestors.  The word “ancestors” may sound lofty and given to people who lived hundreds or thousands of years ago, but the word ancestor means one who came before us. “a person from whom one is descended; forebear; progenitor.” (4)

Remembering 911Many countries have working laws against defaming the dead so why not the USA?   This is not a new subject. In the USA such a law has been vigorously fought and lobbied against. (5)   Even with the understanding that not all cases will fall under legislative guidelines; as defamation nor will all successors be willing or able to sue. Knowing defamation suits are hard fought and not easily won even for the living there is great resistance to passing this law to protect the legacy of the deceased.

Until the United States of America, a Nation which considers itself a world leader, is willing to step forward and lead by example then it says we only honor our dead in word, but not in deed.

The truth must be told and our history needs to reflect that, but there is no honor in slandering our dead.

Please sign the AdLLaw (Anti-defamation Legacy Law) Initiative Petition.

AdLLaw Petition

Support the AdLLaw Initiative by contacting your U.S. House Senators and the President by letter or email. Non U.S. persons contact the President.  Simply tell them you support the AdLLaw Initiative and would like for them to do the same.  Then copy and paste this link to your letter or email.

Contact information:

Contact the President of the United States

U.S. Citizens – Contact The Two U.S. Senators Assigned To Your State

 References and sources:

(1) http://www.miamiartzine.com/latest-features/arts-at-large/1666-hopitaki-honoring-the-ancestors

(2)  http://www.ehow.com/info_8336946_countries-celebrate-day-dead-fest

(3) http://dictionary.reference.com/browse/ancestor

(4) http://jonathanturley.org/2007/08/18/defaming-the-dead/

(5) http://en.wikipedia.org/wiki/Veneration_of_the_dead

Submitted by:  S. Kendrick, AdLLaw Resolution Specialist – a.k.a. Dial Dancer

 
3 Comments

Posted by on November 2, 2013 in AdLLaw Initiative, Advocacy

 

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Is this enough for you?

Do you believe there are boundaries the Media and the public should not cross when it comes to the dead?

TM Death Photo IS THAT ENOUGHOn July 12, 2013, a full body picture of Trayvon Martin as he lie dead appeared on several social media pages, websites and YouTube videos.  This photo is not blurred.  The photo is part of the video footage from the courtroom fed to the Media pool.  It was briefly televised by MSNBC. It became Internet property when it was published as part of a commentary on a site called Gawker.

Previously it had been published by Huffington Post, however, the body was covered and the face was not shown.  The MSNBC reporter and Gawker site owner says the report which included the photo was not meant to exploit the sensationalized aspect of the photo and apologized for the anger it caused

We have not provided a source link which would take you to the picture.  Omitting the link was done out of consideration for the teenager’s family.  If you need to verify it is easy enough, but my question to you is:

Could you accept thousands, tens of thousands or millions looking at anyone whom you cared about as they lie dead?

How would it affect you to have such a photo reproduced over and over again until it is a common item on the Internet; one which you could come upon without warning at any time?

Could anyone justify to you their reasons for turning such a photo into a source of curiosity or entertainment?

Do you believe people should be able to use death photos to mock the deceased or as means of financial gain?

WHEN IS ENOUGH…… ENOUGH?

OUR MISSION:  Organize to protect and preserve, publicly, the legacy of those deceased and propose that all states/countries having defamation/slander civil codes be changed so that defamation applies to a “natural person whether living or deceased.

OUR GOAL:  Seeking support for a bill that would make it unlawful to defame a person who is deceased. Slander and libel are not protected under the First Amendment while a person is living. The same protection should be extended to a person after they are deceased. The loved ones of someone who has passed on should not have to live with the continued defamatory stories and false accusations that can so easily be paraded as fact.

Please support the CadeFlaw Initiative.  We need people to send letters or emails to the California Representatives.  We need people who know people in California to help get the word out, to sign the petition.

Note:  Neither this writer nor CadeFlaw’s intent is to exploit the tragedy of this nor any other person by telling their story.

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

AdLLaw Initiative GLOBAL Petition

Cadeflaw Global Petition  Petition Closed

Cadeflaw CA Residents Petition  Petition Closed

 

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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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HAD ENOUGH YET?

Had Enough Yet 2

There is nothing like sensationalized news to have people pay attention.  Scandalous gossip creates groups, but so will adversity.

The CadeFlaw Initiative is in its 3rd year.  It has been over a year since it was announced the formal law was drafted by the California Judicial Counsel.  It has been over a year since it was announced the drafted law was ready for submission and that all was needed was to promote signing the Initiative petition with the people of the world, particularly in California or find a California Legislator who would adopt it.

Life goes on as it should, but when we forget promises made or fail to do what is important we are sure to turn a corner only to find the unexpected or the unspeakable waiting for us.

Last week an unexpected unspeakable act of defamation and personal betrayal occurred.  Michael is accused of molesting a former friend, one who claims to have recently become aware of this through regression therapy.   Michael Jackson’s legacy is once again thrown into an arena which is ruled by public opinion and misinformation.  

It is unknown whether Michael’s heirs, his mother Mrs. Katherine Jackson, or his children, Prince, Paris and Blanket Jackson would have sought the civil action over this allegation.  We cannot be sure if their complaint would have fit in to a reasonable charge by the California Civil Courts.  However, with a law against defaming the deceased Michael Jackson’s heirs would have either a possible tool or possible deterrent against a new piece of defamation.

Have you had enough? 


Are you ready to help support the CadeFlaw Initiative?    If this latest defamation bothers you, has left you angry and feeling helpless then, come help make the CadeFlaw Initiative a Law. 

If you have had enough, if you are ready to support promoting this Initiative please go to:

CadeFlaw Initiative Petition(s):

AdLLaw GLOBAL Petition

1.      California Cadeflaw Residents Petition  Petition Closed

2.      Global Petition  Petition Closed

If you wish to learn more about CadeFlaw and the Initiative please go to our Website:

https://antidefamationlegacylawadvocates.org/

 

Submitted by: S. Kendrick for Cadeflaw – a.k.a. Dial Dancer

May 13, 2013

 
2 Comments

Posted by on May 16, 2013 in Advocacy

 

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“What is Cadeflaw and How Can YOU Help”

wILL THE MONEY OUTWEIGH THE HEART OF THE TRUTHImagine that despite your hard work, dedication and good reputation; suddenly stories emerge, skewing your character.

The problem? You are deceased and you can’t do a thing about it, and neither can your family. Your good name, legacy and reputation may not stand, and there is no law to protect you from it; no legal recourse for your family. All that you once stood for could be shattered by anyone who decides to defame your name. The contributions you made could be discredited, the legacy you left, crushed.

Impossible, you say? Not so. This is reality as it stands right now in our society.

We all deserve a legacy that is truth, and that cannot be challenged with lies and hearsay after we are gone. Our legacy is how we will be remembered and deserves due respect.

Having to deal with incorrect and defaming content aimed against their loved ones who are deceased, while at the same time dealing with personal grief from their loss, can become unbearable.

We need your help to bring about this necessary change to protect each person’s legacy, living or deceased, and each of you can take positive action to help.

Our mission at Cadeflaw is to protect and preserve, publicly, the legacy of those deceased, as well as proposing that all states and countries having defamation/slander civil codes, change the law to include defamation of both a natural person, whether living or deceased, as unlawful.

A draft for the bill to have this law changed has been written by the California Legislative Counsel and now our job is to convince a California Legislator to introduce it to the Senate.

The civil rights of the deceased are being violated because of this abuse and their families are left to deal with the anguish.

WE NEED THE PUBLIC WORLDWIDE TO:

*Sign our global online petition:Cadeflaw Global Online Petition

*Follow our WordPress blog: Cadeflaw WordPress

*Share The Information featured here as well as on our blog with everyone you know

*Send letters to CA Legislators at the links below:
CA Senators
CA Assemblymembers

*Donate to our cause: Administrative/Advertising Expenses
Donate Here (donations for Butterflies and Cadeflaw)

Donate: PayPal account at info@cadeflaw.com

CA RESIDENTS PETITION
Cadeflaw’s CA Residents Change.Org Petition

Further information about our initiative and the inspiration behind Cadeflaw:

Freedom of Speech is many times used as a smoke screen by journalists as well as the public, as a way to promote lies, hatred, and false information, and in an attempt to destroy for entertainment and/or profit.

This tactic used by some journalists allows public slander of the character of thoseATTORNEY GENERAL PIC in the public eye, including celebrities, using all forms of media and tabloids, all under the protected guise of “freedom of speech”. This has carried over into the mainstream public realm as well with the proliferation of social media and social media bullying.

However, the Freedom of Speech Amendment means something else, entirely. Libel, defamation of character and slander is not included in the Freedom of Speech Amendment.

Stating something that is false as a fact, with the intention of harming another person and/or damaging their reputation is NOT Freedom of Speech and does not fall under this amendment, though that is commonly misunderstood.

This abuse under the guise of freedom of speech can include not only professional publications, but slander or libel that comes in the form of personal harassment either in person, online or via other means.

301638_195134407231944_908116007_n (211x220)Perhaps one of the most prominent and public examples of this has been Michael Jackson. While he endured slander and libel while alive (and did take legal action in some of the cases), we have seen this slander and libel grow to incredible proportions after his death, leaving his loved ones to deal with the aftermath, and convincing a public to believe false information that threatens to further affect the legacy he left. In fact, this has been the inspiration for the passing of this bill.

Currently, there is no law to protect the deceased from being defamed. This not only happens to celebrities, but could happen to any one of us.

For further information on slander and libel and Freedom of Speech, you can visit:

What Does Free Speech Mean?

First Amendment: Freedom of Speech (1791)

Our Mission to Help Children:

In addition, Cadeflaw has set a goal of assisting the many children in the United States and abroad, who do not have food, shelter, clothing or other essential needs because they live in or near the poverty level. Our goal is to make a positive difference in these children’s lives by giving monthly financial donations towards the needs of children, on a global scale.

We give donations every month to organizations that we sponsor. These organizations include The Butterfly Project, U.S. Fund for Unicef, New Light Christian Ministries of Pakistan, MJ Fans for Charity (The Dove Trust Cost Page), MJL Everland Liberia Project, Life For The World (Hope and Healing to Haiti) and the Believe Foundation.

More information can be found, and donations sent if desired, at the following link:

https://cadeflaw.wordpress.com/cadeflaw-gary-in-butterfly-project/other-outreach-projects/

Anti-Defamation Legacy Law Advocates (CADEFLAW Advocates)

 
2 Comments

Posted by on April 20, 2013 in Advocacy

 

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HIDING UNDER THE CLOAK OF FREE SPEECH TO FLING (MUD) LIBEL AND SLANDER

Adolph - STOP Trampling (300x300)First, let me say that I am not an attorney (at least, not yet). I do not pretend to be one. Thus, I offer no legal advice.

However, I resist being led by the nose. I continually make concerted efforts to educate myself on matters of private and public concern.

Second, I support the letter and spirit of free-speech as in the First Amendment. And, I have had cause to strongly argue against attempts to stifle free speech by pretentious do-gooders. However, no one should be allowed to hide under the cloak of free speech to fling mud wantonly at law-abiding U. S. citizens and nationals. One of the subsisting tenets of the American rule of law, as I understand it, is that criminal defendants are innocent until proven guilty, and civil innocent until proven liable. What does not cease to amaze some of us is how even some folks with law degrees argue publicly that, regardless of a subsisting ruling of a court of competent jurisdiction to the contrary, certain citizens are still guilty (or liable) in their own eyes. If that is not recklessness to the nth power, I wonder what is.

One citizen’s right stops where the right of another begins. The same judicature that protects free speech for Americans also protects (and justifiably so) Americans against defamation or slander. Legally, defamation and slander are identical. They harm plaintiff. The difference is that slander is oral and defamation is written (Black’s Law Dictionary, West, 2011).

The issue in the post-mortem case of Michael Jackson (and other similar instances) is whether or not a decedent has any vestigial rights to be protected against defamation or slander. Two perspectives; 1) from the position of what the law is; and 2) from the position of what the law should be. The position of what the law is should be determined by the court system (the judiciary) up to the Supreme Court. The position of what the law should be is a matter for us (“we, the people”) acting through our elected representatives who are expected to responsibly legislate for the people’s yearnings and aspirations.

By proxy (through decedents’ estates), the dead have obligation to pay tax to the U. S. government. By proxy, the dead can sue or be sued. Foreseeably, the estate of the dead may suffer grave damages (no pun intended) from unchecked defamatory acts of others against the dead. The dead are not invariably without survivors, heirs, descendants, assignees and others whose constitutionally protected rights may be breached by how the dead are treated, mistreated, maltreated or ignored.

If the dead continue to carry obligations to the Union, transcending their physicality, the minimum the Union is sensibly and judicially expected to do in return is protect certain rights for the dead and their survivors. 48 states in the Union and 42 senators already recognize the need for this kind of protection, as they demonstrated in the recent, odious desecration of a service man whose only ‘crime’ was making the ultimate sacrifice for his beloved America.

The judiciary, up to the U. S. Supreme Court, would be justified to hold that the law could be an wisenheimer, it is still the law until it is changed. The law must be enforced as is. No problem. What is conveniently ignored is that construction (interpretation) of the law is no exact science; one reason two equally competent Supreme Court Justices might conclude differently on the same case file.

Do judges always recuse themselves from cases in which they may have potential grounds for biasing their rulings? Not really. Is it the law that is the wisenheimer in such cases? No. The law may indeed be a wisenheimer. As laymen, we get that. What we do not get, as responsible lay-citizens, is the judicial or common sense in continuing to be governed by a wisenheimer or an army of them.

The smart choice is for Americans to instigate their elected representatives to legislate wisenheimer-like laws off the books. We can also do more to help our honorable Justices remain honorable in the precedents they set or omit to set. We do not want activist judges operating like politicians-in-drag. Simultaneously, we do not need judges who will shy away from setting legal precedents necessary for strengthening delivery of justice as envisaged by framers of the piece of legislation at issue.

This is the rationale for all men and women of goodwill to rally round efforts to ??????????????????????????????????institute and protect the rights of the dead, Michael Jackson and all. Even if for no other reason, do it for selfish ends. Yes, selfish ends! Your own ends! Just in case you forgot for a moment, you too will be dead one day, right? As you lay your bed, you lie on it. If you do not lay your bed now, who knows whether you will even have a bed left to lay when the time comes.

Concerned Anonymous Contributor to Cadeflaw Initiative

Submitted: March 17, 2011

“People don’t care how much you know, they want to know how much you care.”

California Residents ONLY

Global Cadeflaw Change.org Petition

Leave Michael Jackson and the other DECEASED alone. 

 
4 Comments

Posted by on April 12, 2013 in Advocacy

 

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