Thank you for the reality check guys (Please close)

First some history. This person comes to my BLOG and posts a whole bunch of right wing shit... I respond in kind, I have even posted stuff from this guy here from time to time.

So on his blog he writes this...

Marq with a q over at http://www.bushsamerica.com is totally against the government putting wire taps on known terrorists. How fuckin' idiotic is that? What do you have to hide Marq? Why are you so interested in protecting the rights of known terrorists? Are you so bitter that President Bush is against Civil Unions that you would want to protect our enemies? Isn't it enough that you take it up the ass? Do you really find it necessary that everyone else must? Can you cite one instance in which someone in the United States has had their civil rights violated because of the Patriot Act?

Marq, you are quick to quote Benjamin Franklin. "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." Sounds very Jimmy Carter-esque to me. Did you also know that ol' Ben said, "We must all hang together, or assuredly we shall all hang separately?" You and the rest of your cronies, Fag Hag Jennifer included should heed Franklin's advice once again.

I wish that the left would actually try to do some legislating instead of muckraking. You're so obsessed with trying to get back into the White House that you've lost sight of what our country needs most. Security. Our economy is stronger than it has ever been in our history. Even after your friends al-Qaeda destroyed the World Trade Center. You need to read the post below again. Great things happen across the globe because of our president. Nothing good comes from your bitter blog. You should get out more.

You can see it yourself here...blog.otownhandyman.com (Cut and Paste, I do not want to give this guy the link traffic.)

I am gay, but I think that this is a little to far. So I ask, is this slander the "Isn't it enough that you take it up the ass?" crap?

Thanks

Free Speech is vital.

The guy is only showing his ignorance. He's not swaying anybody's opinion.

Bill O'Reilly, Rush and so many more would be censured.

Hey, I'm on your side, he is an ass but he has a right to be an ass.

Happy Holidays!

Forget about this guy, he obviously has a lot of problems and actually deserves your sympathy. You are obviously the better person and youshould rejoice in it.

One of the problems we face in the electronic media age is that many private individuals are making themselves public figures. Once you publish a blog, it can be argued that you are holding yourself out as a public figure, much like other who comments on public matters on the public airwaves or on the internet. Drudge, Rather or Howard Stern all do the same thing. While you are not on their level of popularity, you still hold yourself out in the public. Once in the public, you get a different legal treatment in terms of privacy. Again, you need ot check you local state law on this, but you may very well be considered a public figure, which for privacy issues, really sucks.

Also, it sounds like this asshole is getting what he wanted, so try to calm down.

Libel" involves the publishing of a falsehood that harms someone. Slander is the same doctrine applied to the spoken word. Collectively, they are referred to as "defamation." Both are a matter of state laws, which usually (not always) require that the falsehood be intentional.

In Texas, if it is true, it is not defamation.

while much of his postings are opinion (and sick opinion at that) and while I don't doubt the dismay he causes,Slander implies at very least a known lie...since your sexual identity has somehow become embroiled in this and the behavior so ascribed is within the pantheon,I doubt that slander would apply...it may NOT be true,but an honest (haha) belief might shield his comments....sorry

http://www.lectlaw.com/def2/s052.htm

and here's Libel: http://www.lectlaw.com/def/l032.htm

These seem to depend upon whether the statements were "defamatory".

One thing the repugs asre good at is hurting people's feelings and making them angry. They get people all wrapped up in the BS, and take our focus off of the facts.

Don't sweat it - just keep doing your thing on your blog. It's great stuff!

For one thing, if you do engage in the sexual act he described, it would probably not be a false statement. Many states require the published statement to be false. This brings me to another point, I'm not sure it is a good idea to seek legal advice on a website like this. DU Rules prohibit seeking medical advice, but they let legal advice go through. Call a lawyer in your state and get the answer you need. It will probably be a free call, or go to a law library or public library, or hit the internet. If you want to PM me I can give you a few good websites in your state to check.

First, if the "take it up the ass" comment is defamatory, it would be libel, not slander. Now I'm going to turn off my nit-picker.

I think you would do well to follow tecelote's advice and just let this go. If you were considering a libel suit against this guy, bear in mind that you would have to prove that you were somehow harmed by his comment. I mean actual harm, not merely wounded pride or a shocked sensibility. In this context, I can't see the harm; you don't seem to be keeping your orientation secret, and those who hate you for it probably believe to "take it up the ass" anyway, and the rest probably don't care one way or the other.

There is also the added wrinkle that truth is a defense to a libel action, so if this fellow can find one person willing to testify that he had engaged in anal sex with you, he's off the hook. And that means you will spend a long time in deposition going over pretty much your entire sexual history in excruciating and embarrassing detail, and each of those persons will be deposed as well. To my mind, not worth it.

No, come to think of it, it is not entertaining. It is sad.

There are fewer and fewer people who are THAT dillusional, even over at Freeperville. Greatest economy ever? Duuuude.

Nah, not slander. Just freeper troll ranting. Block the son of a bitch if you can, and move on. He's not worth wasting time on.

"Why are you so interested in protecting the rights of known terrorists?"

My response to people like this: "If they're 'known terrorists', why didn't Bush just go to FISA for a warrant?" No time? He can get a warrant retroactively.

I see you've already gotten your legal opinions -- just thought I'd add my two cents on the broader issue.

I don't think it is actionable. (IANAL)

A few points:
If the attack is written it is called libel, if it is spoken, it is called slander.

If you are well known i.e. a celebrity/public figure, you have to prove that the attacker lied with malice.
Sorry, It sounds like a tough case.

What he said wasn't very nice, but hey I have heard alot worse. Get a thicker skin. Unless he threatens you... take it with a grain of salt.

As for him quoting Franklin "We must all hang together, or assuredly we shall all hang separately?" tell him with Bush in the White House we will all hang together.

The only way to handle people like this guy is with the truth, if he makes off handed remarks that are untrue call him on it, it's that simple.

IMHO, it's our responsibility to call all the wing nuts on their attempt to baffle us and them with bullshit, keep them honest, make them eat their words, tell the truth, it the only way!

Tony, This post shows just how misguided you are. You are attempting to bring my sexuality in to something where it does not belong. Just like many others on the right, you are obsessed with gay people. Are you jealous? Do you secretly want me to bend you over and give you the man on man love you so desperately want? I will give it to you Tony if you want, I will make you my bitch, that is what it sounds like you want, I mean you are so obsessed with us gays.

As for the rest of your post, it makes no since what so ever. No one give a shit if you think it sounds Carter- esque, and it adds nothing to the conversation. The phrase is powerful and destroys your position; Ben Franklin was a man far smarter than me. This post is nothing but an attempt to embarrass me, and in fact it embarrasses you, it shows you can not form a coherent post you can not compose a valid thought. It also shows that you are to dumb to even understand the problems that face our nation, making your opinion read like the musings of a retarded lad with a computer. You can not defend your position with facts; all you can do is call names. I take some pleasure in knowing that no one reads this thing.

When I have carpet to lay or a room to paint, I will call you on your office phone, or better yet I will go get an uneducated day laborer to do the same, until then, I would strongly recommend that you stop tiring to show your mental prowess, it is laughable, and almost sad.

Forget the first paragraph you wrote, that just takes you down to his level. Quote the Constitution & show how Bush has did everything to the Constitution but protect it (which by the way is his main goal as pResident).

Peace be with you my brother.

I would forget about pursuing this legally and find some hackers to do some damage to his site.

The OP could end up in jail for that !

I'm all in favor of beating him with a stick, then we can all go to jail together.

:spank:

He exposes himself by what he writes, no one other than the nut cases pay attention to that kind of bilge. I am 87 ( will be 88 on Jan 7), I am a mother of 2, grandmother of 10. Have lived long enough to assay and determine what is right and what is wrong according to how I see it at this point in my life in regards to the questions facing us today. To all who reads this Take my words as you will. If you beleive them ok, if not think again my friend and ponder on what you will be thinking, depending on your age, 10, 20, 30 years from now. We change---and that is good when we rethink what is the best for mankind---not for Parties, Rep or Dem, nor for really the US alone (but of course we are all partial in that regard) Goodnight--a long day.

I think you'd be hard-pressed to prove that you were damaged by any of it. Just pick apart his post, line by ignorant line. That is the best way to attakc people like this, as they have a hard time handling the truth.

I didn't see the poster's name or phone number or address (thank goodness!) and other specifics about their personal life. In essence a screen name out here is like a "public personna"...it's created by the individual and can be changed without notifying anyone. It has no legal power on it's own...you can't take out a loan in your screen name or even copyright it. Thus an attack on a screen name or a post on an internet web site could be easily argued that this was in the public realm and no personal or private attacks were made.

Flame wars are a by-product of free speech. That not only means being able to take a good shot when one feels like it, it also means developing a tough skin as it's sure to come back in spades. Lots of people get very brave behind a keyboard...saying things they wouldn't dare do mano-a-mano...or thinking their annoynimity allows them free reign to attack with no accountability. Again, unless there's some way to demonstrate this kind of flaming resulted in some kind of physical or economic damage to a real person, it's time to blow this off...state your piece with the asshat, then take a break from this thing for the evening or a day or more until you don't feel so angry. There's plenty of other real and important things to fuel your frustrated and anger...like helping a local candidate canvass and get ready for the 2006 election.

Happy New Year...

:kick:

bad it is, then something like this - brrrrr. Scary.

Someone from this site just threw me under the bus on his site...

A plant I am sure, but if not, this is why dems can never win anything...

Thank you all for your support, they can all go to hell.