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Tag Archives: Family Members of the Deceased

THE TIME IS NOW FOR ADLLAW/CADELAW TO BE SIGNED INTO LAW

THE TIME IS NOW FOR ADLLAW/CADELAW TO BE SIGNED INTO LAW

Time For AdLLaw is NOWMore and more the public is calling for the reigning in of intrusive police practices and tabloid news that constantly abuses the right to a free press and infringes on people’s privacy rights. During his lifetime, Michael Jackson endured extraordinary invasions of his privacy as a public figure, as well as slander and defamation of his character, to which he protested vigorously. Nor was it not long after his death on June 25, 2009, that the media started in on his family, especially his underage children. And while there is at least the possibility of legal remedy for the living, heretofore there has been none to protect the rights of the surviving family of the deceased. That is why CADELAW is a bill whose time has come.

In her 2010 book, Outrageous Invasions: Celebrities’ Private Lives, Media, and the Law, UConn law professor Robin D. Barnes devotes Chapter 10, “John Lennon and Michael Jackson: The Influence of the Superstar,” to discussing how because of the popularity bestowed by the media and fans on John Lennon and Michael Jackson, the two men became targets of deliberate attempts by governments to neutralize their cultural and political impact. Lennon’s youngest son, Sean, told the New Yorker magazine in 1998 that his father was considered a threat because of his influence: “If he had ever said bomb the White House tomorrow, there would’ve been 10,000 people who would have done it. Pacifists revolutionaries are historically killed by the government.” Barnes reports that “government impotency in relation to the potentially unbounded influence of the superstar,” means clandestine methods and tactics are to shape the “tone and tenor of public discourse.”

The case of Lennon, according to Barnes, leads to understanding how an “equally powerful superstar,” Michael Jackson was also considered a monumental threat to disrupting the status quo. Michael’s 1998, “Man in the Mirror” (written by Siedah Garrett with Glen Ballard), along with the revolutionary social and political message in the lyrics and in the images used in the short film that went along with it “put the world on notice,” according to Barnes.

But in the summer of 1994, when a confidential report of accusations of child molestation was leaked to Hard Copy tabloid reporter Diane Dimond from the Los Angeles Department of Children and Family Services, the ensuing media persecution began its relentless quest for ratings by using rumor and scandal. Already marginalized for his eccentricities, Michael was objectified, dehumanized, and finally demonized as the press cashed in. For example, Barnes cites Los Angeles criminal defense attorney, Tom Mesereau’s comments that tabloid huckster Nancy Grace’s coverage of the trial held in 2005 “was sub-moronic . . . [and that] she tried to spin a verdict through a lot of emotional innuendo that was just buffoonery.”

Barnes asserts that while trying to prove there was an “actual conspiracy to imprison Jackson” was elusive, the case could be made for Jackson being a convenient scapegoat to deflect heat off the Catholic Church because of the concurrent sexual abuse allegations against clergy of the Archdiocese of Boston. The massive investigation of the Catholic Church went on for several years before Jackson was again falsely accused and his Neverland ranch raided by 70 County Sheriff’s and members of Tom Sneddon’s District Attorney’s Office. All this to control Michael’s rising political influence.

From 1994 until he died, Michael endured relentless persecution from the media. Barnes asserts that while the U.S. Constitution grants free speech and freedom of the press, the Supreme Court fails to enforce the laws that require prerequisites to the proper exercise of those freedoms and the protection of constitutional rights. She notes that the media defends slander and defamation by asserting that the statements they make are true for the most part. False statements also get a pass as simply being reported or quoted, most often from anonymous, so-called inside sources.

Still, Michael is gone now and supposedly what the media writes or broadcasts can no longer hurt him. Obviously not, but it can and does hurt his young children, as well as other family members who share his name. For that reason, our representatives should be introduced to CADELAW and asked to vote to pass it to protect the rights of the family of the deceased.

Article written and submitted by: Sherry Walker Bryant

 Sherry Walker Bryant is a doctoral student at Ball State University in Muncie Indiana. She is designing an educational series called “Teaching Michael Jackson” to share her research and writing a book on Jackson’s worldwide charismatic influence.

Direct links:
The Petition with goal spelled out: http://petitions.moveon.org/sign/prot…

Find your Senators & Contact them: http://www.senate.gov/general/contact…

Contact President: http://www.whitehouse.gov/contact/wri…

Share with family & friends:

Ask them to endorse the Initiative so it may become a law.

Help us educate about the unjust legal loophole which may affect you when it comes to your deceased loved one or yourself once you are gone.

Video Credit: CadeFlawResSpec/Sharon Kendrick – a.k.a. Dial Dancer

 

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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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