RSS

Tag Archives: Defamation of the Deceased

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

 

Tags: , , , , , , , , , , , , , , , , ,

Deceased on Trial

Deceased Defendant On Trial

S. Kendrick – a.k.a. Dial Dancer

 
 

Tags: , , , , , , , ,

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

 
 

Tags: , , , , , , , , , , ,

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…

View original post 19,366 more words

 
Leave a comment

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

 

Tags: , , , , , , ,

Here Comes The Thief

You look up and see a thief. He is boldly walking up to your neighbor’s door. Maybe he intends to sneak through the back door. He is well known by many and by many names. You know either he intends to use guile to talk his way in or break into their house so he can steal a most prize possession from them.

Here Comes The Thief Photo 1

You have heard and read stories where he has stolen from others before.  Stories which tell of the emotional, mental, social and sometimes financial devastation left in his wake.   You know that for some strange reason he has the law on his side.  He legally has the right to steal.

Here Comes The Thief Photo 2

What can you do?  What will you do?   Will you ignore the situation, because it is not your house and therefore not your problem, or will you try to help a neighbor?  What will you do to help protect a decedent’s legacy and the sanity of their survivors from defaming the dead?

Here Comes The Thief Photo 3

You could sign a petition which makes it illegal to defame the dead.  A petition which if made law will give the survivors of a defamed decedent the right to address slander of the dead in a court of law.   Give the decedent’s survivors the right to have the slanderer stand before the courts and prove what they say with evidence or recant any falsehoods and pay for damages.

Here Comes The Thief Photo 4

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

CONTACT YOUR US REPRESENTATIVE AND ASK FOR THEIR SUPPORT:     http://www.senate.gov/general/contact_information/senators_cfm.cfm

CONTACT THE PRESIDENT & ASK FOR HIS SUPPORT:      http://www.whitehouse.gov/contact/write-or-call#write

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

 

Tags: , , , , , , , , , , ,

Video

AdLLaw Advocates Mini-Series: Revisit Chap I Conclusion

Published on Apr 16, 2014 by S. Kendrick, Resolution Specialist
A movie made into a weekly series. It centers on the family of a defamed decedent.

Video provided by AdLLaw. The Anti-Defamation Legacy Group.

Purpose: To inform and entertain.

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 Petition with goal spelled out:
http://petitions.moveon.org/sign/protect-the-legacy-of

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

S. Kendrick – a.k.a. Dial Dancer

 

Tags: , , , , , , ,

CA Senate Bill 131 – Is This the New Gateway to Abuse and Transparent Litigation?

Justice Scales SB 131NOW comes the latest in the ongoing saga involving the late great Michael Jackson, who was without a doubt the most beloved entertainer and humanitarian that ever lived. Yet that is not enough for some…those that choose to wait until after his untimely death to launch yet another attack on his good name, reputation and heart. One such attacker is Wade Robinson, who decided to wait until after the death of Michael Jackson, on June 25th, 2009, to file a late claim against Michael’s estate alleging child molestation.

WHAT I find odd is how Mr. Robson had NO RECOLLECTION of being molested. Strange since he was the “Star” witness for Michael Jackson’s defense at the 2005 trial. Never mind the fact that the trial took place 8 years prior to his late claim filing. Like rape; being molested is not something that one would forget, so if Wade was in fact molested, then why did this come out 8 years ago? Why was he the star witness for the defense during Michael’s 2005 trial?

IF he was, in fact, molested he had 8 years minimum to bring about a suit and or claim against Mr. Jackson but did not…wonder why that is? Also; why wait until AFTER THE DEATH OF MICHAEL JACKSON TO FILE A LATE CLAIM? Could it be that this would be an easier path to money since the decedent is no longer alive to speak and act in his defense? I would think so; why else would Wade wait all this time and after the death of Michael Jackson to file his late claim?

Law Books SB 131THIS law, CA SB 131 which was amended on May 2, 2013; one day after Wade Robson filed his claim will serve as a detriment to legitimate claims and victims of sexual assaults and abuse. While on the flip side it can bring financial ruin to the estates of the accused…especially those that are deceased. Decedents are not able to defend themselves directly; which makes them very susceptible to bogus claims against their estate and bring about ruin to the survivors of the decedent.

Text of CA SB 131    Analysis of CA SB 131

The Governor needs to review CA SB 131 as it is a gateway to massive abuse and transparent litigation. No such late claims should be filed against one’s estate after such individual dies as they cannot speak directly on their behalf.   CA Governor Vetoes SB 131

Carly Lee, CA AdLLaw Advocate

 
Leave a comment

Posted by on December 9, 2013 in AdLLaw Initiative, Advocacy

 

Tags: , , , , , ,

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

 

Tags: , , , , , , , , , ,

Image

Support the AdLLaw Initiative

I Thought You Wanted the Truth

AdLLaw Petition

 
Leave a comment

Posted by on November 1, 2013 in Cadeflaw Interviews

 

Tags: , , , , ,

Video

An Invitation – AdLLaw

An Invitation to join the AdLLaw Initiative to attain worldwide support and to bring awareness to this important law which; will protect and preserve the legacies of the deceased.

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

Special Instructions:

Only one signature per person please. If you reside in the USA please invite the US President and both of your US House Senators via email or postal letter.
International Guest: You may invite the US President.

If you decide to invite elected officials to join you please be sure to inform them “you support the AdLLaw Initiative and have signed the Petition and you wish them to do the same.”

Contact President Obama

U.S. Senators Website  Contact the two U.S. Senators in your state

Thank You,
The AdLLaw Advocates

Category
Nonprofits & Activism

License
Standard YouTube License

 
4 Comments

Posted by on October 28, 2013 in AdLLaw Initiative, Advocacy, Initiatives

 

Tags: , , , , , , , , , , ,