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What links Diane Dimond & Dylan Howard (Editor of Radar Online/National Enquirer)?

What links Diane Dimond & Dylan Howard (Editor of Radar Online/National Enquirer)?

Dylan Howard Editor of Radar Online National Enquirer

The answer is Paul Baressi – former Private Investigator and tabloid broker.

Here’s a little info on Baressi:

During the Michael Jackson allegations of 1993; Baressi was asked by his former girlfriend Stella Marcroft and her partner Phillippe Lemarque to help them sell a story alleging that they had witnessed Michael Jackson molesting Macaulay Culkin. Baressi managed to get them a $150,000 offer from the National Enquirer, but the couple was so greedy they went over his head to lawyer Arnold Kessler, who persuaded them to dismiss the offer Baressi had managed to get them and promised them a much bigger offer. Baressi was not happy; and secretly taped them to tell their story once again.

Armed with the “tape”, he then approached The Globe: “I called the editor at The Globe and I said, ‘I have a tape, I’m on the way down town to hand it to the District Attorney.’ And his words were, ‘let us come with you.’ And then I knew I had him. The next thought in my mind was I’m going to ask for $30,000. You always ask for twice as much as what you hope to get. He put me on hold, and within less than a minute he came back and he said ‘well, we can’t give you thirty, we’ll give you ten.’ I said ‘make if fifteen,’ he said ‘you have a deal.'” Reporter: “Could you see the headlines coming? Barresi: “Oh yeah, sure, and I could see that money coming too.

He arranged a $15,000 deal with Globe but greed and impatience took over resulting in him contacting Kevin Smith of Splash News Service; resulting in the story being featured in the Daily Mirror, for $24,000. This meant that eventually when Globe was finally interested in the story; they would not pay him because of the Mirror scoop. It is alleged that Baressi threatened Kevin Smith in order to gain $10,000. The end result was that Baressi made $30,000 on the whole story.

In addition; Baressi was regularly hired by Anthony Pellicano to “gain dirt” on any celebrity client sex stories. Pellicano was a former PI to Michael Jackson. Pellicano has also sold various MJ “stories” to the tabloids.

Pellicano is now serving a 15 year sentence in jail for conspiracy to commit wiretapping. He was actually indicted on 150 counts including racketeering, conspiracy, wiretapping, witness tampering, identity theft and the destruction of evidence.

So where is the link?

Diane Dimond and Paul Baressi

Diane Dimond is a known supporter of Wade Robson. Radar Online are known supporters of Wade Robson. And Paul Baressi? Well he’s a greedy tabloid broker who only cares about money!

I think we can conclude here that these stories are absolutely coming from the Wade Robson camp in an attempt to manipulate public opinion in preparation for the civil suit in 8 months’ time. The upshot? These stories are tame compared with what will come out over the course of the next 8 months. They will get worse. And it also means that WE have only 8 MONTHS to act and stop these stories! We must take action NOW!

Support the AdLLaw Initiative by signing the global petition and sharing with family and friends.

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

 

Submitted by: Kerry Ward, MDF Admin

 

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They Have Something In Common

They Have Something In Common

Did you know that ALL of these people have something in common? And not just the fact that they are now deceased.Celebs In Common by Kerry WardAll of these celebrities have suffered slander and defamation at the hands of the tabloid media after their death.

Elvis Presley – Posted by the National Enquirer that he had 7 secret love-children and was secretly gay.

Whitney Houston – the lies posted about Whitney are well documented. One disgusting article in the National Enquirer talks about “secret lesbian romps.”

David Bowie – Days after Bowie’s tragic death from cancer; tabloids posted that he died as a result of AIDS.

Robin Williams – A year after his tragic death; a tabloid posted that he was murdered and his suicide note was a proven fake.

Prince – days after his death and BEFORE any full autopsy result was released; numerous tabloids posted that he died of HIV/Aids.

Michael Jackson – the lies continue with regard to “evidence” he molested children. Recently; The Daily Mail posted a lie that “detectives were convinced he molested his nephews.”

NOBODY is immune from tabloid lies. And it effects EVERYONE; not just the deceased. Their families; friends and fans all have to read these disgusting and cruel lies. However; there is nothing they can do to stop it. They currently don’t have any legal case to sue. But if the AdLLaw Initiative is passed; then this will change and in turn; the lies will stop. WE HAVE THE POWER TO MAKE THAT HAPPEN!

Please spread the world today! Sign the petition and share it far and wide and let’s change the defamation laws TOGETHER!

AdLLaw Global Petition

Author: Kerry Ward, Admin MDF

 

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CELEBRITIES AND ADLLAW

CELEBRITIES AND ADLLAW

Celebrities and AdLLawThe other day I received a communication that moved me to write this column. The communication wondered why celebrities are prominently mentioned in AdLLaw’s mission to protect the deceased from defamation. Actually, it went beyond wondering why celebrities are included; it went so far as to suggest that celebrities should be excluded. The recommendation was that our focus should be on the average citizen with whom the masses can identify.

AdLLaw uses many people as examples of those who are being defamed after they have passed on. Celebrity examples include Betty Ford, Michael Jackson, Steve Jobs, Whitney Houston, and Amy Winehouse. We also have in our materials records of a young woman who was killed in a terrible car accident whose family endured seeing vile and horrific information being spread on the Internet about their relative.

Read more here: http://abcnews.go.com/TheLaw/story?id=3872556&page=1

We have information on U.S. soldiers whose funerals were picketed by a religious group that used the funerals as a platform to spread their bigotry and hate. The group picketing the funerals of fallen soldiers is not aiming their hate at the individual; however, their actions are mentioned in our materials because they bring hardship to the families of the soldiers in the form of added grief and suffering. One father did try to sue for damages, citing, among other things, the intentional infliction of emotional distress. See more here:

http://www.nbcnews.com/id/36449471/ns/us_news-crime_and_courts/t/dad-sues-thank-god-dead-soldiers-church/#.VUD_qiFViko

Above are listed just a few examples of the defamation of those who are deceased. They range from the most high-profile celebrities to soldiers fighting for our country to anonymous citizens living their private lives. Defamation can touch anyone, and while there is truth in the fact that most people do not know a celebrity and cannot relate to their lifestyles, we can all identify who they are. For that reason, when they are defamed we are more aware and more attention is given.

Several years ago. Dale Earnhardt, a NASCAR icon, was killed in a shocking accident while racing at Daytona (Florida). The accident happened on live television during the race broadcast. Millions of people saw it play out in their living rooms. Dale Earnhardt was a name so synonymous with the sport that almost everyone could identify him. There was a tremendous amount of coverage of his life and death, and the public outpouring of grief and emotion was incredible. My local radio station had a discussion about the event, and people called in commenting on how wrong it was to feel grief for this man who was killed when the focus of our sorrow should be on our troops. I don’t normally call in to talk shows; however, in this instance I did. I was one of those who saw this horrible accident happen. I explained that when people can put a face to a name, and when they see a tragedy happen in real time, it affects them on a different level. People could identify with what happened. It did not mean there was no sorrow for our fallen troops, but the masses do not have faces to put with a soldier who has died, and they don’t see war played out live in their living rooms. That was why there was so much public grief for Mr. Earnhardt: people could relate.

I use the Dale Earnhardt example to explain why celebrities are a part of the AdLLaw campaign. People are aware of the stories of celebrities and may be outraged at the treatment a celebrity receives in the media. One of the problems with the media is the assumption that celebrities cease to be human once they are famous. A celebrity is still a person…they have lives to live; they have feelings; they have loved ones; they deal with the normal issues of being a human being. They deserve the same respect that any human should receive. That is why they are included in AdLLaw’s mission. Not because they are famous, but because they are human.

People are more aware of the treatment Michael Jackson received in the media than they are of the treatment of Nicole Catsouras, the young woman killed in the car accident. The grief endured by the family of Ms. Catsouras is no less important than the grief endured by the family of Mr. Jackson; it is simply that the masses are more aware of Mr. Jackson’s plight.

The goal of AdLLaw is to change the law nationally so that a family can sue for damages when their deceased loved one is defamed. While living, a defamed person can seek relief for themselves in a court of law for slander and libel. However, at the point of death, current law considers the person to no longer exist. That leaves the gates wide open for anyone to maliciously report untrue “information” about the deceased without fear of repercussions. AdLLaw believes that a person lives on in his or her legacy and reputation. When a person, famous or anonymous, is defamed after they are gone, their loved ones should have a way to seek relief in a court of law.

Perhaps when AdLLaw is successful in its mission, we will be one step closer to becoming a kinder and gentler society. Maybe respect and honor will be restored in our media. There might be a return to integrity in reporting and to thought put into words before they are spoken or written — not just in the media, but by each individual also.

The following video sums up why celebrities are included in this initiative. We are all people; we are all a part of the human race. Regardless of our social status, race, sexual orientation, nationality, political affiliation, or religious belief, we are all people — with the same right to dignity and respect after we have passed on. Watch the video here: http://video.foxnews.com/v/3934406/huckabees-opinion/?#sp=show-clips

AdLLaw’s mission is not to curtail freedom of speech, but to hold people accountable for their words. We believe this initiative and our fundamental right to free speech can coexist. To learn more about AdLLaw, please visit us at https://antidefamationlegacylawadvocates.org/2013/10/22/whats-so-special-about-the-adllaw-initiative-and-petition/

Support the #AdLLawInitiative by signing the PETITION

Edited and Republished by: MJ Brookins

Original story posted here:   http://thejamcafe-mjtpmagazine.presspublisher.org/issue/may-issue/article/celebrities-and-AdLLaw

May Issue, ADLLAW – Celebrities and AdLLaw

By Barbara Owens,Journalist and AdLLaw secretary –  Thu, May 31, 2012

 

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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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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/

 
1 Comment

Posted by on April 27, 2014 in Cadeflaw Interviews

 

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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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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

 

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Anti-Defamation Legacy Law Advocates – AdLLaw Initiative

AdLLaw Initiative Photo Card (1)

WE are asking the U.S. Senate to adopt and support The Anti-Defamation Legacy Law Initiative (AdLLaw) (pronounced Ad-Law).  The Initiative’s goal is simple.  It is meant to bring about legislation which will include the deceased among those who, when defamed, can have the same legal protection by giving their family a statute upon which to base a civil cause of action.  We see this law as any other; a possible deterrent for most and a tool for the more serious offenders.

Originally we thought to start with California. The California Courts Judicial Council created a draft Initiative.  Although, prepared for California, the language of the document clearly states our intention. A MoveOn.Org petition has been created, hoping to show our political leaders this is something the people wish to see happen.  We hope it will make deciding to adopt or support the proposed legislation a bipartisan effort.

There is a long list of decedents who have been egregiously defamed throughout history. Trayvon Martin and Michael Jackson are but the latest victims of defamation. Trayvon’s character is determined by gold teeth caps, a hoodie, his age and ethnicity.  His legacy becomes a death made mockery for profit and agenda using a shooting range target and garment created for ridicule, and ratings by way of a death scene photo. 

We are all familiar with the level of unfair media attention heaped upon Michael Jackson in the past; there is no need to reiterate it here. Journalists hid behind freedom of speech in an attempt to destroy Michael Jackson for entertainment and profit. Michael Jackson devoted his life to demonstrating love. He encouraged us to change the world. There is no better way to honor Michael than to make positive changes wherever we can. One of the ways we can make an important difference is to work for a law to be passed that makes it illegal to defame the dead. 

The freedom of speech is a right that we all enjoy in the United States, and to lose any part of that freedom would be a travesty. However, with freedom comes responsibility. Each of us has a duty to be honest, fair, and balanced in what we say. Journalists, those from whom the masses get their information, should he held to an even higher standard. It is ugly enough to attack someone while they are here, but to continue to promote old lies, innuendo, and hate once they can no longer speak for themselves is reprehensible.

It is because of these men such as Trayvon Martin and Michael Jackson that we decided to turn this into a National effort, finding the longer it is delayed the worse the situation becomes. We believe the AdLLaw Initiative is important.  We hold dear our First Amendment rights, but there is nothing in our Constitution about slander being a right or an acceptable example to set for our children.

We were working to have California Civil Code §§ 44-48 revise the definition of who can be defamed to include “a natural person whether living or dead”.  An initiative measure was been written by the Judicial Counsel (Initiative: Libel or Slander: Decedents – #1212737).

The proposed statutory written for the Anti-Defamation Legacy Law Advocates by the California Legislative Counsel on July 13, 2012

Diane F. Boyer-Vine, Legislative Counsel

By: Aliza Rachel Kaliski, Deputy Legislative Counsel

The proposed statutory:

SECTION 1. Section 44 of the Civil Code is amended to read:

44. (a) Defamation is effected by either of the following:

(a)

(1) Libel.

(b)

(2) Slander.

(b) (1) Defamation of a person may occur whether that person is living or deceased.

(2) An action for defamation of a deceased person may be brought by any individual who would be entitled to succeed to any portion of the deceased person’s estate that passes under Chapter I (commencing with Section 6400) of Part 2 of Division 6 of the Probate Code, or its successor. A defamation action shall not be brought for defamation of a deceased person occurring more than 70 years after the death of the person.

SEC. 2. This measure may be amended to further its purposes by a statute, passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, and signed by the Govemor.

AdLLaw Initiative Petition to U.S. Senate and President

Posted by: The Ant-Defamation Legacy Law Advocates

 
21 Comments

Posted by on July 18, 2013 in Advocacy, Initiatives

 

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A Story of Defamation: What Qualifies?

To better understand defamation, we must know how the law defines defamation (libel & slander).

Harry and Tom were brothers and partners. They lived in a place called AnyTown located in AnyState, USA. Since childhood they had fought over money. Tom said Harry spent too much and Harry said Tom was cheap. Their last fight was over expanding the business.

Tom believed the time was not right and the money would go to waste. Harry believed Tom’s penny pinching ways were going to keep them from staying competitive.

They argued in front of anyone who was around and complained to everyone who would listen.

Their last argument took place in front of a new customer. Harry said: “Tom you are so cheap and stubborn I could choke you. You are going to ruin the business and then we will be sorry.

Tom shouted at Harry: “I am not going to change my mind and there is nothing you can do that will change it.” With that Tom walked away. Harry shouted at his back: “oh no! We will see!”

The customer who was not accustom to business people shouting at one another left without doing any business with the brothers.

Two days passed without Harry hearing from his brother. He thought to himself: “he is sulking or hiding telling the wife to tell me he is not home.”

On the third day of Tom’s absence, the Police met Harry at his home. He was arrested. They had found Tom buried in Harry’s garden. He had been bashed in the head. An anonymous tip had led them to the garden.

Harry was an avid craftsman hobbyist. He never met a fancy tool he did not like or buy whether he could use it or not. A hammer was found in his work shop it had Tom’s blood on it.

During the trial which would find Harry not guilty it was discovered the blood was Tom’s but it was too old to fit the timeline of the crime. The new customer who had testified against Harry had to admit Harry said choke not bash. Several family and friends would testify the brothers always fought and loudly but were quick to make up.

After the trial there was the usual round of news specials where pundits retried the case, with comments from people who were witnesses and those who had not witness anything.

Because of the trial, the accusations, the articles and public comments Harry lost the business and was forced to move to another State where he hoped they remembered little about his highly publicized trial.

Video version:

Which if any of these statements defamed Harry and which were opinion?

The New Customer, a traveling salesman would tell people he believed the jury got it wrong. He was sure Harry killed Tom. “I was there when Harry threatened Tom.”

A local newspaper Journalist with a tri-state readership wrote an article. He said. “He pitied Harry for having lost his business, because he was an accused murderer.”

One juror would write a book where she claimed; “She was sure the defense lawyer had hidden the real hammer.”

Late night TV personalities would joke about the next guy being careful about taking on a partner from AnyTown, in AnyState USA; who had a liking for hammers.

 

ELEMENTS OF DEFAMATION

“A plaintiff in a civil lawsuit must prove all the elements of the tort by a preponderance of the evidence, meaning that the plaintiff must prove that it is more likely than not the defendant committed each element of the tort. The elements of a defamation (libel or slander) claim are:”

• A false and defamatory communication about the plaintiff
• Publication to a third party
• Fault amounting to either negligence or intent on the defendant’s part
• Harm or damage to the plaintiff.

 

FALSE AND DEFAMATORY COMMUNICATION ABOUT THE PLAINTIFF

“A defamatory statement is a false statement of fact–not opinion, satire or parody–that would tend to harm the plaintiff’s reputation in the community. To be defamatory, the statement must clearly be about the plaintiff.”

Source:  Suite 101 – The Law of Defamation

Additional Sources:
Dictionary Law – Defamation
Dictionary Reference – Defamation

This is a three part series:

Part I: A Story of Defamation: What qualifies?
Part II: Defaming the Living by Defaming the Dead. (TBA)
Part III: (TBA)

 
4 Comments

Posted by on June 15, 2013 in Advocacy

 

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