OT: Why Howdy can't win in libel
Jeff Wise
From my days in school as a journalism major...
We had an entire course devoted to libel law and the 1st Amendment.
Howdy already made the case against himself. He said he "is a well known
Baptist minister."
This makes him a public figure, much like a politician or some other
person who spends a good deal of time (whether in business or social
circles) in the public eye.
To prove libel, the plaintiff must shoulder the burden to conclusively
prove beyond a shadow of doubt that the defendant knowingly and
maliciously printed falsehoods about the plaintiff.
Notice, this is beyond a shadow of a doubt, not reasonable doubt.
Furthermore, in most cases involving public figures, the burden of proving
libel is nearly insurmountable as the very nature of being a public figure
allows one's self to be subjected to parody, satire and other such things.
What is interesting here, in my mind, is that about 20+ years
ago, Jerry Falwell lost his US Supreme Court battle to Larry Flynt in a
huge landmark libel case.
And all of this is disregarding the fact that all this hoopla took place
on the Internet. Even if this happened in print, Howdy would still not
have a leg to stand on.
I would surmise that no lawyer in the country with any kind of
understanding of how libel law works would take this case.
Though I'm sure many money-grubbing lawyers would certainly try.
Another interesting note: Remember Howdy said he wants to send his
daughter to private school because the public schools are pathetic, but he
can't because he cannot afford the costs.
But he can apparently afford to take Nikk to court in an obviously
frivolous lawsuit.
I gotta wonder what I can do to be more like Howdy...
Jeff Wise
Pattycs4
To prove libel, the plaintiff must shoulder the burden to conclusively
prove beyond a shadow of doubt that the defendant knowingly and
maliciously printed falsehoods about the plaintiff.
Howdy
Pattycs4
Though I'm sure many money-grubbing lawyers would certainly try.
And try we will,
It will be a lot of fun, and I might win.
Pattycs4
But he can apparently afford to take Nikk to court in an obviously
frivolous lawsuit.
Someone can take on a case on contingency basis.
Howdy
Pattycs4
I gotta wonder what I can do to be more like Howdy...
Most people do.
Here is a hint,
When you look in the mirror each day go...
Wow, I'm good looking.
Howdy
James A. Chappell
In the extremely unlikely event that this even goes to trial, you
will be imortalized as a genuine net kook. It is also very likely
you will be despised by almost everyone in the drum corps community.
PS
I'm only responding because I failed to put patt...@aol.com in my
kill file with your usual ID. I won't see your responses, and BTW
if you ever send me email, I reserve the right to post them
on RAMD. You have been warned.
--
James A. Chappell
Saint Louis, MO USA
http://members.primary.net/~chappell
James A. Chappell
In a previous article, jw...@freenet.columbus.oh.us (Jeff Wise) says:
>
>From my days in school as a journalism major...
>
>We had an entire course devoted to libel law and the 1st Amendment.
>
But Howdy has Webster's dictionary.
>
>What is interesting here, in my mind, is that about 20+ years
>ago, Jerry Falwell lost his US Supreme Court battle to Larry Flynt in a
>huge landmark libel case.
>
Falwell has a record of abusing the legal system, maybe Howdy is
emulating him.
>And all of this is disregarding the fact that all this hoopla took place
>on the Internet. Even if this happened in print, Howdy would still not
>have a leg to stand on.
>
Has anyone ever successfully sued for libel for something said on
usenet?
>I would surmise that no lawyer in the country with any kind of
>understanding of how libel law works would take this case.
>
>Though I'm sure many money-grubbing lawyers would certainly try.
>
If this case ever comes trial, Howdy will forever be labeled a net kook.
He will also be despised by the drum corps community.
>Another interesting note: Remember Howdy said he wants to send his
>daughter to private school because the public schools are pathetic, but he
>can't because he cannot afford the costs.
>
>But he can apparently afford to take Nikk to court in an obviously
>frivolous lawsuit.
>
I don't think Howdy's really worried about his reputation, I think
he sees this case as a potential cash cow.
>
>I gotta wonder what I can do to be more like Howdy...
>
Start acting like a total idiot.
Drrevcop
You love to see my posts,
Be honest now.
B.T.W.
Since when do I care about what the drum corps community thinks about me.
You just dont get it.
I could care less.
The drum corps community does not care about me,
Heritage, or the kids here in Gwinnett County and Walton County.
Howdy
Drrevcop
If this case ever comes trial, Howdy will forever be labeled a net kook.
He will also be despised by the drum corps community.
Like I care?
I would rather have fun and protect my reputation against someone who libels
me.
I dont plan to make a carreer in Drum Corps,
What do I care?
The drum corps community wont even help me get Heritage re -started.
The first time we did Heritage I begged and begged and begged everyone in the
drum corps community for help,
and for the most part we got nothing from these people.
Big deal, make them mad,
Why should I care,
WHEN I NEEDED THEM THEY LET ME DOWN,
Them made fun of me watching us fail.
Howdy
Michael Cahill
Drrevcop wrote:
> The drum corps community wont even help me get Heritage re -started.
> The first time we did Heritage I begged and begged and begged everyone in the
> drum corps community for help, and for the most part we got nothing from these people.
Maybe it's because you appear to be an arrogant, ignorant, illiterate, dishonest, vengeful,
xenophobic, Bible thumping, homophobic, racist, sexist, immature, intolerant fuck who no person in
their right mind would have instructing their children.
Had that crossed your mind?
Regards
Michael Cahill
Jason Lowe
>Most people do.
>Here is a hint,
>When you look in the mirror each day go...
>Wow, I'm good looking.
>
>Howdy
Heh. Shouldn't that be "Wow, why didn't I do a full tour of SOA? Oh yeah. I got
cut..."
Jason
RDeschene
>
> From my days in school as a journalism major...
>
> We had an entire course devoted to libel law and the 1st Amendment.
>
Stylebook and Libel Manual." I will say that the most recent edition
varies greatly from what I learned in college journalism 20 years ago.
Libel cases have gone beyond proving malicious intent; proving libel is
a good deal more complicated than the way I learned it even as little as
20 years ago. In fact, the forward to the Libel Manual contains the
following excerpted paragraph: "As is the case in other fields of the
law, the law of libel is not static. We have seen dramatic changes in
the past 20 years--not all in the same direction. And the new
interpretations go on even as this is written."--Louis D. Boccardi,
President and Chief Executive Officer (The Associated Press).
This, of course, addresses libel only as it concerns AP staff. It
doesn't address the complexities of cyber-communication, which muddy the
already murky legal waters.
Sue
Gary Cuzzocrea
Pattycs4 wrote in message <19990226053528...@ng31.aol.com>...
Then get a lawyer and take him to court, God-boy.
And be sure to keep all of us informed on the progress....we're all
anxiously anticipating your posts on the results!
gc
Gary Cuzzocrea
Pattycs4 wrote in message <19990226054016...@ng31.aol.com>...
>J Wise wrote:
>I gotta wonder what I can do to be more like Howdy...
>
>Here is a hint,
>When you look in the mirror each day go...
>Wow, I'm good looking.
>
>Howdy
Stop libeling yourself, God-boy.
Robert Brown
considering the vastness of the internet, how do we know the Howdy that is
complaining is the intended Howdy?
Rob
RDeschene <RDes...@recorder.ca> wrote in article
<36D6DB...@recorder.ca>...
Drrevcop
I was not cut.
That is not true.
I left because i got upset when the staff at Spirit of Atlanta refused to
follow their own rules that prohibited drinking in uniform.
I was verbally repremanded for asking nicely for three S.O.A. members to stop
drinking in uniform in public.
The rules clearly stated that it was a violation.
The Staff instead did nothing the kids who broke this rule and instead came
after me because I complained about the kids drinking in uniform,
along with the fact that I complained about how a few of the staff was treating
a few of the members of the corps.
Archie Bunker
Drrevcop
I was humble on Ramd in those days,
It is because these people are greedy selfisg selfcentered egoheads who only
care about their own best interests.
That is why D.C.I. did not help Heritage,
Not even one bit.
Archie.
alle...@box-a.nih.gov
drre...@aol.com (Drrevcop) wrote:
> I dont plan to make a carreer in Drum Corps,
> What do I care?
> The drum corps community wont even help me get Heritage re -started.
> The first time we did Heritage I begged and begged and begged everyone in the
> drum corps community for help,
> and for the most part we got nothing from these people.
> Big deal, make them mad,
> Why should I care
Okay, so maybe you could explain to us why you are posting
in a forum for people who DO care?
-Chuck Allerson
-----------== Posted via Deja News, The Discussion Network ==----------
http://www.dejanews.com/ Search, Read, Discuss, or Start Your Own
RDes...@recorder.ca
"Robert Brown" <rbr...@ix.netcom.com> wrote:
> Besides, couldn't the point be made that no last name was used, and
> considering the vastness of the internet, how do we know the Howdy that is
> complaining is the intended Howdy?
>
Sue
Ltn Mundy
>I gotta wonder what I can do to be more like Howdy...
>
>Most people do.
>Here is a hint,
>When you look in the mirror each day go...
>Wow, I'm good looking.
>
>Howdy
>
"Wow, I'm good looking."
"I can play a super high C without warming up. It's like riding a bike."
"I really do have 7 degress."
"I'm not gay."
"The people on the streetcorner really *do* listen when I preach, until those
damned corrupt cops come..."
"I'm handsome, smart, self-confident, and goshdarnit, people like me."
You must spend lots of time in front of the mirror...
Alan
Drrevcop
HA!!!
Howdy
Drrevcop
About themselves.
Archie
FrankAreMe
>Aint no cop gonna arrest me.
>HA!!!
Only because there's no law against being a dick....yet
Robert Brown
RDes...@recorder.ca wrote in article <7b727f$t1u$1...@nnrp1.dejanews.com>...
> In article <01be6172$f6ea9f90$201121cc@rbrown>,
> "Robert Brown" <rbr...@ix.netcom.com> wrote:
> > Besides, couldn't the point be made that no last name was used, and
> > considering the vastness of the internet, how do we know the Howdy that
is
> > complaining is the intended Howdy?
> >
> For that matter, how do we even know that Howdy is who he says he is?
>
Well, we know he's not who he thinks he is.
FrankAreMe
Oh just like you then Mr. I Need My Overly High Honorarium Because That's Why
I'm In The Preachin' Biz Schmidt