First American debt relief - are they doing any scam?

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Anonymous
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Sub: #17 Get a lawyer...
Replied on 06-22-2009, 07:10 AM

What if I change the person's name?

To state a defamation claim, the person claiming defamation need not be mentioned by name—the plaintiff only needs to be reasonably identifiable. So if you defame the "government executive who makes his home at 1600 Pennsylvania Avenue," it is still reasonably identifiable as the president.
Do blogs have the same constitutional protections as mainstream media?

Yes. The US Supreme Court has said that "in the context of defamation law, the rights of the institutional media are no greater and no less than those enjoyed by other individuals and organizations engaged in the same activities."
What if I republish another person's statement? (i.e. someone comments on your posts)

Generally, anyone who repeats someone else's statements is just as responsible for their defamatory content as the original speaker—if they knew, or had reason to know, of the defamation. Recognizing the difficulty this would pose in the online world, Congress enacted Section 230 of the Communications Decency Act, which provides a strong protection against liability for Internet "intermediaries" who provide or republish speech by others. See the Section 230 FAQ for more.

The vast weight of authority has held that Section 230 precludes liability for an intermediary's distribution of defamation. While one California court had held that the federal law does not apply to an online distributor's liability in a defamation case, the case, Barrett v. Rosenthal, was overturned by the California Supreme Court (EFF filed an amicus brief in this case)




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Send message to NASCAR_Devil
Sub: #18
Replied on 06-22-2009, 07:11 AM

Do you have a point?

Anonymous
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Sub: #19 blotting out names
Replied on 06-22-2009, 07:19 AM

Names blotted out make no difference in the amount of damage defamatory statements cause.




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Send message to NASCAR_Devil
Sub: #20
Replied on 06-22-2009, 07:21 AM

Apparently you don't have a point...


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