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Tag Archives: Civil Courts

AdLLaw Editorial #1: Let’s get rid of slander laws

AdLLaw Editorial #1:  Let’s get rid of slander laws


Dials AdLLaw LogoAfter spending years studying defamation laws and the many locations which provide instruction on how to slander without being exposed; we are at a new place.  A solution is being proposed which will insure would-be slanderers no longer need to rely on dissimilation if discovered.  This solution would completely relieve the slanderer of responsibility and the consequences of their actions.

Advocates against slander express concern over rumblings from sectors of the Media proposing slander laws should be eliminated.   These sectors are using the deaths in Paris to establish arguments for discarding these laws.

Why anyone would think having or not having slander laws would have prevented the Paris tragedy is beyond me?  The only thing I can see this would accomplish is to inflame people, perhaps move them to extreme action when they might otherwise have taken their grievances to court.   That is why there are laws, measures meant to prevent people from taking the law into their own hands.

Persons who slander and avow an affiliation with a religion which teaches from the Bible seem to have forgotten there is another set of laws.

The ones handed down by God.  I have found the Ten Commandments have a prevailing principle.  Thou shall not steal.  Do not steal what belongs to God.  Do not steal from your parents and neighbors what is theirs.   The Ninth Commandment is most specific:  Thou shall not bear false witness against thy neighbor.

When you slander someone with intent you steal what is theirs; that theft is no lesser than if you broke in their home and took what does not belong to you.  Slander for gain is the same as if you took that stolen possession and sold it for your profit.   All the rhetoric in the world and titles; teacher; doctor; barber or journalist changes nothing, when you slander no matter living or dead you bear false witness.

If we would remember and abide by that Commandment there would be no need for slander laws.   However, until that day there is a need, if anything it grows greater as our Social Media and lack of control on it increases.  Until our information providers cease tilting the balanced credible in favor of the unethical and unreliable.

Slander like every other crime creates more than one victim and affects more than the intended target.  But unlike a theft where the property is recovered once slander is done, the target and those affected can never completely recover what was taken.

The comments and opinion expressed here are solely the writer’s and do not reflect the opinion of all the Members & Supporters of AdLLaw. 

Sharon Kendrick, AdLLaw Advocate – 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.

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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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