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NCDem777

(458 posts)
Sun Jan 7, 2018, 11:11 PM Jan 2018

Libel laws are too weak

Everyone's freaking out over Trump saying libel laws are too weak.

Frankly, if libel laws were stronger, a decent chunk of conservative media outlets would have been sued out of existence.

For example, Alex Jones got away with inciting some gun nut to shoot up a pizza place by saying "Oops, my bad!" And all the pizzagate bullshit has been harming business at that pizza place and the surrounding area because customers are afraid of exactly that happening. But it all went away because Alex said my bad. Maybe Trump, for all his bumbling has stumbled onto a point: Our libel laws are laughably weak. If you can spread a bunch of rumors about a pizza shop being a front for a child sex trafficking operation, have it snowball into a dude shooting up the place, and walk away with no material consequences because you make a half-assed apology, that's a problem.

Frankly, I hope Trump goes ahead. Because Infowars, Breitbart, etc. are going to have a lot to answer for. Mass shooting hoaxers, pizzagaters, the Gamergate crap and a whole host of libelous conspiracy theories that make up the majority of the conservative media sphere.

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Takket

(21,709 posts)
2. yeah, the slander/libel laws are pretty decent
Sun Jan 7, 2018, 11:24 PM
Jan 2018

you actually have to prove harm was one by lies and i think that's about the right spot. the first amendment is important but we cannot allow innocent citizens to be harmed by weaponized words.

 

NCDem777

(458 posts)
5. But in some states, like TX
Sun Jan 7, 2018, 11:43 PM
Jan 2018

the consequences can be averted if you simply issue a retraction and an apology. So if you get on a mass media outlet and say something untrue that causes an innocent person's business to be visited by a gun-wielding psychopath, you can make the resulting libel lawsuit go poof by saying you're sorry.

I think the standards are fine but the ability to get away from consequences is a way that our libel laws need touched upon.

 

NCDem777

(458 posts)
3. Does accountability for actions
Sun Jan 7, 2018, 11:24 PM
Jan 2018

weaken the 1st Amendment?

Maybe it's me but routinely saying things like "the children that died in the mass shooting never existed and the parents are faking" should result in better consequences.

The Velveteen Ocelot

(115,999 posts)
4. The only lawsuit I know of involving that matter is one brought by one James Tracy
Sun Jan 7, 2018, 11:42 PM
Jan 2018

who was a professor of communications at Florida Atlantic University. He was one of the "Sandy Hook truthers" who claimed that shooting never happened but was a hoax perpetrated by the government as an excuse for more gun control. This asshole harassed one of the Sandy Hook parents, demanding proof of their son's death. As a result the university fired him, even though he had tenure. He sued the university for wrongful termination, claiming they had violated his right to free speech, but a jury upheld his termination. So it looks like the law doesn't necessarily protect that sort of bullshit. It was not a defamation case but a jury evidently didn't think Tracy's free speech rights were violated by his getting fired for spreading bullshit.

renegade000

(2,301 posts)
6. Problem is...
Sun Jan 7, 2018, 11:46 PM
Jan 2018

Litigation of libel laws (or any litigation based process) skews toward favoring parties with the deeper pockets. That's going to be a slanted playing field against our side.

Fred Sanders

(23,946 posts)
7. Incitement to hatred, in example, should not be protected free speech. Ask Germany why.
Sun Jan 7, 2018, 11:46 PM
Jan 2018

"Freedom of speech" does not mean freedom to incite, but apparently
America disagrees. Lack of strong libel laws beget Foxxx which beget Trump.

Don't all freedoms come with responsibilities and limits?

X_Digger

(18,585 posts)
10. "Incitement to hatred" isn't a thing. Incitement has to have immediacy.
Mon Jan 8, 2018, 12:56 AM
Jan 2018

It's not incitement to say, "you totally beat up {some group of people}".

It is incitement to say, "see that guy there? *points* Go kick his ass."

And that's the way it should remain.

Fred Sanders

(23,946 posts)
11. You misunderstood. "Christians are vermin and should be eliminated" is what German law targets.
Mon Jan 8, 2018, 01:17 AM
Jan 2018

Hate speech is speech that targets a specific group of people for hatred, say Muslims or Jews and should be banned.

Your examples are not incitements as hate speech laws define the word, which does NOT require immediacy, just the opposite is usually the case. Your examples are not hate speech, just direct crimes.

X_Digger

(18,585 posts)
12. And "hate speech" laws are bullshit.
Mon Jan 8, 2018, 08:13 PM
Jan 2018

Fuck that shit. Incitement has a legal meaning. "Incitement to hate" does not.

C_U_L8R

(45,040 posts)
8. Who's more guilty of libel...
Mon Jan 8, 2018, 12:25 AM
Jan 2018

but Trump. He has some kind of malfunction that makes him blame others of his own shortcomings.

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