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Where is the Justice?: Defaming the Dead

Where Is The Justice photo #1

If you are familiar with our Blogs, articles and videos where we explain the ways defamation affects a decedent’s legacy, hold on we have more information to share with you. If you are new to the AdLLaw Petition Initiative Blog, check below, there are links which will offer you other material.

This is our most comprehensive argument. Don’t worry, this is easy.

We are a society which has embraced more causes and the use of the Petition than any before us. Our inclusion in causes and signing the associated Petitions announce we are against crimes of bullying which produce physical and emotional harm, abuse of the helpless; the elderly; adults; children and animals. We say we diligently work to eradicate the many forms of discrimination and to see there is legal and social equality.

Due to televised Court Trials we are now third-party participants. We investigate and analyze testimony and evidence, make personal judgments, and we socially punish those we believe guilty and reward those believed innocent regardless of the jury’s verdict. We also discuss or work to change or add laws which we believe are not clear or comprehensive enough to insure there is justice for the victim, accuser or accused

When deciding on a crime which would frame this discussion there were many to select from. The two most powerful was theft and the crime of discrimination. Because, we have written several articles on how defamation robs a decedent of their legacy and their survivors of peace of mind, I settled on discrimination.

Where Is The Justice photo #2

Ok….. Moving on to “discrimination”, but first let’s lay to rest the fallacy that says a deceased person is no longer relevant and therefore, there is no need for this Anti-Defamation Initiative. The law says: A deceased person through their heirs or Estate will continue to pay taxes on investments or property they acquired. This makes them relevant.

If a decedent’s words and actions while alive are admissible as witness testimony or establishes eligibility to become a co-defendant then they are very relevant.

 If the law says a decedent is accountable for slander committed when alive then the decedent is highly relevant.

The words, previous actions and perceived character of a decedent are most relevant. It is those areas considered when determining which laws apply and recommending monetary judgments for or against them.

Discrimination and the Law:

Picture a person killed either by accident or with intent.  Are our laws to discriminate when it comes to seeking justice, because, they are persons who come from wealth, poverty, have body piercings, are famous or not, fashionable, heterosexual or gay, has tattoos or trousers worn very low?  Should justice be according to whom has a likable or unlikable personality, attended Prep School or no school, acted sober or silly, or someone whose religion, culture, physical features or manner-of-speech is in the minority? No our laws should not discriminate when it comes to the alleged victim and criminal, and their equal rights to justice.

Now …….For our BIG finale: Another excuse for not enacting this law is; “laws are for governing the living.”  AdLLaw will govern the living. Just as with any law it is first designed as a deterrent against unlawful activities and at last resort a tool to deal with crimes committed; in this case people who practice slander and become enriched through their crimes. It is for the survivors who have to bear the brunt of possible character assassination due to familial ties with the defamed decedent, and whose revenue or social status declines due to that defamation.

See, told you AdLLaw was for the living, that wasn’t hard at all now was it!

 Oh,…I almost forgot, if making it illegal to slander the dead would rob us of our First Amendment Rights then slander laws for the living would not exist either!

Where Is The Justice photo #3

If you think this discrimination which allows defamation of a decedent to go unchallenged is wrong then help do something to change that. If you think it is wrong to sue a decedent through their survivors or Estate, but not the other way around then help create the law which will change it. If a deceased person is “relevant” enough for all the above then they are “relevant” enough to have a law which protects them and their legacy from slander.

CHANGE IT. What’s sauce for one is …..Well, you know the rest. AdLLaw 

(Anti-Defamation Legacy Law)

Where Is The Justice photo #4

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.

Check out our other material on this subject:

https://antidefamationlegacylawadvocates.org/2014/08/10/who-said-the-dead-cant-be-sued-for-defaming-the-living/

https://antidefamationlegacylawadvocates.org/2014/08/06/deceased-on-trial/

https://antidefamationlegacylawadvocates.org/2014/08/04/a-legacy-everyone-will-have-one-like-it-or-not/

S. Kendrick – a.k.a. Dial Dancer

 

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Wade Robson – When things don’t add up …

Michael Jackson - Fact or Fiction

WhoIsIt

“Why work when you can sue Michael Jackson?” -Tom Messereau

Wade Robson made a name for himself (of course with the help of Michael Jackson) within the entertainment industry. His association with Michael Jackson allowed him to take advantage of opportunities that might have otherwise been closed. He won quite a bit of awards, appeared on a few shows, worked with artists such as NSYNC and Britney Spears, and even had a chance to have a show named after him. Every chance he got to talk about who and what influenced his decision to enter the entertainment industry, he always named Michael Jackson as his biggest influence.

In Feb/March 2013, AEG was hit with a lawsuit by Katherine Jackson and MJ’s kids for the wrongful death of the late international pop star, King of Pop, Michael Jackson. AEG warned us that “some ugly” were going to come out in this…

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Posted by on June 4, 2014 in AdLLaw Initiative, Advocacy

 

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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

 
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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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Video

AdLLaw’s Mini Series Revisit Chap II

A Petition Initiative:

The Petition with goal spelled out: http://petitions.moveon.org/sign/protect-the-legacy-of
Petition Goal: To gain support so that we can request a Bill be prepared by the US Senate that would make it unlawful to defame a person who is deceased.

The Group and written goals:
https://antidefamationlegacylawadvocates.org/

 
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Posted by on April 27, 2014 in Cadeflaw Interviews

 

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Video

AdLLaw Revisit Series Commercial 1

Published on Mar 25, 2014

AdLLaw’s video advertisement for their YouTube series “Revisit”.

This is aimed at gaining support for the Anti-Defamation Legacy Law Initiative and Petition.

Comments and lively conversation is welcomed, hate rants and disrespect will be removed.

Category: People & Blogs

License: Creative Commons Attribution license (reuse allowed)

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

 

AdLLaw Revist Series Coming April 2014

 
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Posted by on March 26, 2014 in AdLLaw Promotion

 

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Did YOU Remember?

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Have YOU signed the #AdLLaw Petition?

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

Did you remember to pass the petition around or ask others to sign it?

This is the link to the #AdLLaw Initiative Letter. It’s just a couple of computer taps away.

http://antidefamationlegacylawadvocates.org/adllaw-initiative-letter/

U.S. and Non-U.S. citizens have YOU sent a letter to President asking him to support #AdLLaw Initiative?

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

Have you contacted Your (2) U.S. Senators via mail and asked them to support the #AdLLaw Initiative?

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

 
 

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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

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

 

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What’s So Special About The AdLLaw Initiative and Petition?

AdLLaw is the Anti-Defamation Legacy Law Initiative for the United States of America.    The proposed initiative was conceived early 2010 after a group of people grew tired of witnessing the day to day defamation of Michael Jackson beginning the night of his death.  The group began to see it was not only famous decedents who were being defamed and their legacies damaged.   Originally it was known as CadeFlaw and was meant just for the State of California.  In the summer of 2013 the California Initiative was expanded to include all of the USA.  The proposed law was drafted by the California Judicial Counsel, but it is written so it could fit in with each State’s slander laws for the living.

An Action For DefamationThe Initiative is meant for the family, successors or estate administrators of defamed decedents, whether they are known the world over or their world is their home town.   The wording of the Initiative is tailored so it offers family, successors or estate administrators of defamed decedents the same opportunities to bring about a defamation civil suit as if the defamed was available to do so themselves.

Like any law AdLLaw must fit in without violating existing laws.  This is why the current draft is so important, because the lawyers understood the greatest challenge in presenting an anti-defamation initiative to a State Senate was protecting the 1st Amendment.

The intent of this proposed law is to be a deterrent to defamation of the deceased and when necessary a tool used for the worst of offenders.  There are people who drive recklessly without regard to the safety of others.  If there was a law which said they would go to prison if their driving causes an accident which harms someone a mile away that will be enough for some to stop.  This makes the law a deterrent.  Then there are those who must be held responsible for their actions when they knowingly cause harm and will not stop.  Although, there is generally no criminal charges associated with slander, for many the financial penalties can be what it takes for them to stop or recant their defamation.   This is when the law can be a tool.

As stated earlier, AdLLaw will not fix or stop every piece of slander or libel done to the deceased as more than it does for the living, but something is better than nothing.  Giving people a chance to use this as a deterrent is better than depending upon the ethics and moral conscious of slanderers.  It is better than hoping people who do not have a vested interest in the personal legacy of the decedent will take care of the problem.

This is not the first time there was an attempt to get an anti-defamation for the deceased law passed.  In 1987 an Initiative made it up to the New York State Senate.  Due to lobbying by media agencies such as People magazine it was allowed to sit around and finally die.  This Initiative will face lobbying groups by the Media.  It is up to us to insure it neither dies nor is it ignored.

If you have not already signed the AdLLaw Global Petition please do so, but only once.  If you previously signed the CadeFlaw Petition please sign the below Global Petition. It can only be counted if you use your real information.  After signing the Petition US persons please send a letter or email to the two Senators who represent your State in Washington DC and send an email or letter to the President.  Tell them you support this Imitative and would like for them to do the same.  Pass this on to family and friends urging them to do the same.

The life and legacy of the decease lies in the memory of the living.

AdLLaw Global Petition

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

 
52 Comments

Posted by on October 22, 2013 in Advocacy, Cadeflaw Interviews, Initiatives

 

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CadeFlaw Initiative: The Perceptions, Interpretations & Misconceptions

Dials Silhouette for WordPress Article “All things are subject to interpretation. Whichever interpretation prevails at a given time is a function of power and not truth.” 

Friedrich Nietzsche ~

One hurdle to any Anti-Defamation Law for the deceased is the public’s perception or the misconception of its intent.  There is a large misunderstanding about what this law can and cannot do, and who it is for.   A misunderstood interpretation is fueled by writers and those who profit in some manner from their writing.

The number one misperception is:  “Only celebrities and politicians suffer at the hands of popular papers.” (1)

This statement implies persons like you and I have nothing to worry about and therefore need not be concerned or support CadeFlaw.  This is false to the tenth degree.

You only have look to most “news” or “entertainment news” outlets to find a story on a non-famous person who is suffering at the hands of the popular press and social media.    You only have to watch video clips where family, friends or associates are made to dodge the intrusive and sometime dangerously harassing conduct.

The legacy of the deceased is not according to or measured by the amount of fame.  Each of us is a Ruler within our lives.  For example, if a false and unsupported accusation such as theft is alleged, the legacy of the deceased, through their reputation, is damaged.   This damaged reputation may lessen revenue or potential revenue which would support those left behind.   Defamation due to the false claims against the decedent may cause family to be subjected to bias judgments of their character.  It may bring about a level of scrutiny in their personal life that is unjust and unwarranted.

This is not the first time in recent history an attempt to have a defamation of the deceased law passed.  In 1989, Lisa Brown writes of “Dead but Not Forgotten: Proposals for Imposing Liability for Defamation of the Dead”.

In the early 1980s the New York Senate passed a bill which gave cause of action for defamation of the deceased. The bill was moved to the Assembly calendar where it would be left to languish and die.

“Libel-the-dead laws have recently been proposed in state legislatures; in New York, one such bill passed the State Senate and was defeated only when it was shown that the bill would immediately help relatives of Mafia biggies and crooked politicians.” (2) **

The focus is kept on the famous or infamous.  We already have an “us” and “them” perception when it comes to people in the public eye.  We tend not to see them truly as we are.  We do not always see they can be hurt or their loved ones can be hurt by defamation.

Even in the reporting of this story the NY Times, the author left out one important fact.  It was the Lobbyists who had this bill killed, not the public’s fear over whitewashed Mafia and crooked politicians. 

“The bill eventually died on the assembly calendar under the pressure of aggressive lobbying by New York’s formidable communications industry, including publications such as Time magazine”.  (3)

“Certainly it’s unfair and painful to the families of the celebrated dead when authors profit from unproven, sensational charges. But the libel solution is worse than the problem; the battle about who was a Nazi or a Communist, or whether Aaron Burr ”murdered” Alexander Hamilton, belongs in the history books, not in the courts. “

“Needed is a public-opinion rallying point for descendants of the defamed dead to write record-straightening letters to editors, to hold pro-privacy meetings, to denounce unauthorized biographers, not to hire lawyers to hush up scandal or snatch away some imaginative writer’s royalties.” (4)

What I get may be different from what you get from this story.  I see an attempt to trivialize the proposed initiative.   The article speaks of people who have been dead long enough most readers under 35 may know nothing of them, may not feel or be aware of their impact in their lives.  There is a careless attitude with the deceased and an invitation to do the same or be labeled a “fussy”  non-thinking irrational person.

That threatened label is a key selling point to suspending support to CadeFlaw or any like initiative.  We all wish to be seen as “sharp”, in the know and a part of the now.   After all, fussy dinosaurs will be afforded the same lack of social merit as the dead we defend.

Here is a piece of deliberately distorted information which became a worldwide perception.

Do you know or remember the “famous” McDonald’s Coffee lawsuit?   Did you judge the Plaintiff or the jury harshly?   I did, because the mainstream media, TV show hosts, comedians and even political figures “taught” me their version of the events.   A version which was very different from the real events.

The woman in the story was a live Plaintiff at the time of the suit, she is now deceased.   Many of the more inhumane jokes and comments have been removed, not through contrition, but cowardice.

If you did not know the true events, how did you come about your understanding?   It was during this time a phrase would come into popular use.  “Frivolous Lawsuits”.

The use “frivolous lawsuits”, “everyone will jump on the jackpot”, and “violating free speech” are some of most effective methods of slowing down participation in an initiative such as CadeFlaw, but there is a misconception.  Pay attention to what an attorney has to say about going to court:  @ 2:06 minutes.

We have only the printed and spoken word to inform us of daily occurrences.  These are the tools by which we stay in touch, how we learn.  To do a good job and make reasonable decisions, one needs sound and reliable tools. 

Sources: 

(1)    Debunking Ten Myths About Press Abuse

(2) (4)   Opinion/Essay Libeling The Dead

(3)   ** Note:  LexisNexis Group computer-assisted legal research services.   LexisNexis is a paid service. Dead but Not Forgotten: Proposals for Imposing Liability for Defamation of the Dead

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

 
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Posted by on April 1, 2013 in Advocacy

 

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