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by phoint1 from Saginaw, Texas

Last Post 15 days, 23 hours Ago


MIGHT AS WELL TAKE MY RIGHTS AWAY
Mar 24, 2008 | 7:49 PM
Category: News
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I saw on the 6 o'clock broadcast today that talked about a company lawsuit against what is blogged by an Individual.  Now, don't get me wrong.  I tried to practice If you don't have anything nice to say, don't say it at all.  This is however easier said than done.  Sometime, peoples or things gets to be too much for your emotion that you just have to let it out.  The company that is suing is saying that  what has been said about them has  damaged their credibility.  Correct me If I am wrong but, isn't that protected under our Constitution.  Freedom of speech.   Whether what was said is right or wrong.   The first Amendment rights guaranteed our freedom of speech.  It is a touchy issue to where the line is drawn.  Unless I'm putting other peoples' lives in jeopardy, I feel that as an American, I can say anything I want.  The Constitution doesn't tell me I can't say anything I want.  In fact, what I say is my right, that is guaranteed.  I can't believe this even went to litigation.   If the court rules in favor of the Plaintiff, then how dangerously close are we to loosing our freedom of speech.  Whether it's a blog or not.   Tell me what you think. 

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Member Comments Total Comments: 25
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DDawg read my blog view my photos
Mar 24, 2008 | 9:22 PM

Just because we can, doesn't mean we should. Yes you can say anything you want, and you are technically protected by the constitution. But what if that something you said is a lie, or an extreme stretch of the truth that paints a person, or a company in a bad light.

Case in point, a former employee of my company decided to post derogative comments about our owner on a website using his name. He happens to be quite well known in his state, has run for senate and is about as up and up a guy as you will find in politics. Her comments were not only defamatory, but they could have caused quite a big deal of trouble since she said he was doing some extremely illegal things. And since these comments come up when you put his name into a search engine...well you get the point.

Why shouldn't she be held responsible for the damage she could have done, or did do by being this irresponsible and dishonest? Had he not caught it those comments could have kept him from being elected. Freedom of speech should not mean you can say "anything", you should still be held accountable for any damage you do as a result of lies and defamatory language. If it's true then you can't really say it harms, but if it's not true then you shouldn't say it and you should be held accountable for it.

Incidentally, he sued and won. And the legal fees alone will take her a lifetime to repay.
KellerKowboy read my blog view my photos
Mar 24, 2008 | 9:59 PM

Make no mistake here....there is no such thing as total freedom of speech. There are restrictions, such as the "shouting 'fire' in a crowded theater" scenario, which has long-since been ruled "illegal speech". And, as pointed out by DDawg above, one can be held criminally and/or civilly liable for speech (or written words) that cause legal "harm".

One's "speech" can also be controlled by posted rules on blog sites, such as this. Which explains the "bleeps" we see in far too many postings.

Even then "You may have the Right to say it, but it may not be right to say".
Orphan
Mar 24, 2008 | 10:11 PM

"Correct me If I am wrong but, isn't that protected under our Constitution. Freedom of speech. Whether what was said is right or wrong."

Actually if you make statements you know are false and they cause a negative situation, you most certainly can be sued...it is called libel if it is written and slander if it is verbally spoken. You have no rights to states things you KNOW are lies.
KellerKowboy read my blog view my photos
Mar 24, 2008 | 10:17 PM

Causing panic - as in shouting "fire" in a crowded theater (mentioned above) - is a criminal act - not protected by the Bill Of Rights. There are other similar cases. You would also be civilly liable for "damages" if, say, the crowd made a mad rush for the exits and people were killed in the stampede.
phoint1 read my blog view my photos
Mar 24, 2008 | 10:28 PM

As I was saying...unless I caused harm to someone then I think I should be able to speak my mind. I should have clarify the difference of speaking the truth and slandering someone.... However, I guess I do agreed that there is no such thing as full freedom of speech. Eventhough, the constitution doesn't state it that way.
KellerKowboy read my blog view my photos
Mar 24, 2008 | 10:35 PM

phoint1, you're certainly on the right track. You just have to remember that there have been challenges to those "Rights" and the Supreme Court has made rulings in those cases that is very much "settled law". In fact, the SCOTUS is right now hearing a challenge to the 2nd Amendment (Right to bear arms) and it's decision - due in June - will be a landmark case. The could COULD rule in favor of Washington DC's against citizen's Constitutional Right to bear arms, which would be the first such high court ruling against the second amendment since its ratification.
nived23 read my blog view my photos
Mar 24, 2008 | 11:22 PM

Phoint, you have made a very good and deep point my friend. Its amazing how some people will take things out of porportion or tell you what you can and cannot say. You are right!
tallone66 read my blog view my photos
Mar 25, 2008 | 6:52 AM

its just an hoa trying to get more from pepole i am a beliver of no hoa you buy a house shouldnt you be able to do what you want to it? i feel they are scared pepole are getting tired of this and they are scared we will ban tougher to get ride of them
and i agree our freedoms are slowly becoming less and less
scottythecomic read my blog view my photos
Mar 25, 2008 | 7:01 AM

People are overly sensitive these days. I saw on the news where one of those Frisco HOA's is suing 3 homeowners. What a crock! This frivolity is what is clogging up our courts and preventing criminal cases from being heard. The judges are tied up with what I refer to as "ego litigation." It is a waste of taxpayer money BIG time.
terrellmom read my blog view my photos
Mar 25, 2008 | 7:47 AM

Is there actual laws against lying? i know apparently there are when ya lie to the courts but in everyday life..is it against the law? if so, a feloy...misdomeanor?

i want to know where they find a judge that does not lie to judge the person they say is lying? LOL
scottythecomic read my blog view my photos
Mar 25, 2008 | 7:53 AM

TM, the only time it is illegal to lie is when a person is giving sworn testimony. But then it's a crock as well and here is why. During a trial people lie ALL the time yet rare is the occasion when anyone is charged. When someone is charged it is always the defendant or the defense attorney, and never the DA. Sound fishy to you?
terrellmom read my blog view my photos
Mar 25, 2008 | 7:57 AM

Uhhh huh it sure does sound a bit fishy.

i guess if someone can blog bad things about their employer the employer can blog that the employee has been fired LOL
scottythecomic read my blog view my photos
Mar 25, 2008 | 8:03 AM

Whenever you blog you can make it a point to preface it with: "In my opinion." In this manner you cannot be held liable for libel as it cannot be construed as a statement of fact.
Orphan
Mar 25, 2008 | 8:35 AM

TM-Lying isn't against the law, it is a tort issue. Unless it is fraud. Since it is a tort issue they can sue in civil court if they have damages from the lie. Libel/Slander tort laws in other countries are even more strict than ours, that is why you hear of celebrities winning lawsuits in the UK against tabloids.
scottythecomic read my blog view my photos
Mar 25, 2008 | 9:09 AM

It's all frivolous.
moankie82 read my blog
Mar 25, 2008 | 10:42 AM

It means that you can't tell the truth in public anymore.
moankie82 read my blog
Mar 25, 2008 | 10:47 AM

http://www.youtube.com/watch?v=sEJfS1v-fU0
Believe me its worth the time. Watch it, you will love it. Its called press 1 for english
scottythecomic read my blog view my photos
Mar 25, 2008 | 10:47 AM

That's about it, Moankie. Interestingly enough, the way the laws are written you can say a lot more things to people considered to be in the "public eye."
moankie82 read my blog
Mar 25, 2008 | 11:01 AM

I "THINK" you can also say it it just my opinion in some cases.
scottythecomic read my blog view my photos
Mar 25, 2008 | 11:33 AM

Yes, you're correct.
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phoint1

Sometime, Silence is louder than any words...

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