Slander & Lawsuits

[Der Nister]

On the topic of slander and someone’s reputation, I’ve had someone brutally slandering my name among mutual friends and family (for a long time) and from what I understand it is still happening. I’ve asked this person repeatedly to refrain from doing this to no avail. They didn’t even have the decency to apologize for this when I asked them face to face. The best they could say was if they might have done something to hurt me they were sorry, not an apology in my book. And they still seem to continue with this poor behavior – wtf?

I have witnesses and hard evidence to prove my case so should I go after them legally? Should I seek punitive damages from them for what amounts to an attempt to ruin me in any way they could think of and bring upon me stress and anguish?

It wouldn’t bother so much if it didn’t involve my child – this person thinks that it’s ok to talk shit about me to my child. Would you go after someone if they were going out of their way to destroy your name and reputation without offering up any evidence to what they were saying just because they were upset with you? And on top of that telling your child bold face lies about you to hurt you and your child?

SLANDER - A false defamation (expressed in spoken words spoken words, signs, or gestures) which injures the character or reputation of the person defamed; distinguished from libel.

The defaming of a man in his reputation by speaking or writing words which affect his life.

[BrassFusion]

If you can't prove it's costing you money or harmful to you or your kid's health, then no. Refer to the first amendment.

[Der Nister]

A type of defamation. Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community. Because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. If the statement is made via broadcast media -- for example, over the radio or on TV -- it is considered libel, rather than slander, because the statement has the potential to reach a very wide audience.

One doesn't have to prove financial damages that may be a result of slander - I've already asked an attorney about this.

It would be in civil court therefore - you don't need as much evidence to prove your case, just enough.

Like the wrongful death lawsuit against O.J. Simpson, he got convicted of his ex's death in a civil case. I only need to prove that it did happen and that it was done with total malice.

[Der Nister]

Um sorry BF - the first amendment does NOT cover slander. That's why slander is against the law.

Did you actually read anything about this subject?

[BrassFusion]

it (the first amendment) covers the right to free speech. slander is an extreme offense in the media of speech that is malicious and harmful (like you said), but if you can't prove or quantify that harm, a potential lawsuit would be frivolous... it would provide immediate short-term benefits for you at a long-term cost to the freedoms of everybody. including your children.

[Scary Guy]

She's right, otherwise everyone would be suing everyone el.... wait.

[Der Nister]

A defamatory statement may either be a false writing, a picture or visual representation which exposes you to contempt, hatred, or ridicule, causes you to be shunned or avoided, or tends to injure you in you occupation.

Notice it says - OR - tends to injure you in an occupation. It does not say the you have to have loss monetary gains in order for it to be relevant.

False statements which are made maliciously, in other words, those generated with the state of mind arising from ill-will or hatred, are more often to be held by the courts to be defamatory than false statements which are not malicious (such as simple jokes or something of that nature).

So which part of this which was written by a lawyer did you want to dispute? Also, which law school did you attend? Just curious, maybe I should hire you to be my attorney.

It has been stated that it is a difficult case but what other options does a person have when this person is relentless in their pursuit of my name/reputations destruction?

The first amendment does not cover defamatory statements (i.e. lies). Why else would there be a law?

Explain that please.

[Hellion]

When false accusations become a threat to your life,I myself will take legal action,another big problem with todays society.

[Der Nister]

When false accusations become a threat to your life,

I myself will take legal action,another big problem with todays society.

Which reminds me - because of this person's slander I did have my safety in jeopardy in that people they socialized with made physical threats to me on their behalf.

So should I not be concerned?

[Slept with ghost]

you should seak out the help of the law offices of davechainsaw&baseball bat

[BrassFusion]

It has been stated that it is a difficult case but what other options does a person have when this person is relentless in their pursuit of my name/reputations destruction?

Well, you COULD always take the high road. You know... ignore it. Be a positive role model for your kids instead of legitimizing the immaturity of others. That's the way most successful people deal with... "slander." Because, you see, you're not special or particularly entitled. Shit happens to everybody.

The first amendment does not cover defamatory statements (i.e. lies). Why else would there be a law?

Lies are not always defamatory, defamatory statements aren't always lies, and NEITHER are illegal in most cases. Anti-slander and libel laws are made to protect people from serious harassment that nets them losses to their finances, health, or well-being. Maybe your lawyer says you have a case, but that's because he (or she) is a lawyer. He wants your money, and that's all he cares about, I promise you.

Which reminds me - because of this person's slander I did have my safety in jeopardy in that people they socialized with made physical threats to me on their behalf.

So should I not be concerned?

Then any legal beef you have is with the people who made the threats.

[Der Nister]

Well, you COULD always take the high road. You know... ignore it. Be a positive role model for your kids instead of legitimizing the immaturity of others. That's the way most successful people deal with... "slander." Because, you see, you're not special or particularly entitled. Shit happens to everybody.

Tried that for a long time (it didn't work) - please refer to my original post which I have quoted here.

It wouldn’t bother so much if it didn’t involve my child

Please don't tell me you think this sort of behavior is ok when it is brought upon an innocent child.

And don't tell me "so what - it happens to others - you're not special." What kind of talk is that?

Lots of people get hurt in car accidents so I guess we should tell them - oh fucking well, get over yourself?

Or are you saying my child's emotional well being is not important? Is that what you're saying? Because I stated very clearly - this would not bother me so much if my child weren't dragged into it by this person.

[BrassFusion]

Every young person has to learn to deal with bullying, and your child will learn how by the example you set. This is an opportunity for you to teach. If you want him (or her) to learn that the best way to resolve a conflict is with a lawsuit, that's your call. Thing about lawsuits is they won't always go the way you want them to.

[Guest Megalicious]

I have witnesses and hard evidence to prove my case so should I go after them legally? Should I seek punitive damages from them for what amounts to an attempt to ruin me in any way they could think of and bring upon me stress and anguish?

No. I agree with Brass here, set a better example for you child and just let it go. You should realize that ppl are always going to talk shit. I say FUCK IT! Who cares.

I've had something similar in the past happen to me just because someone was "upset" at me, and you know what I learned? Its not worth my time, effort or energy to be upset at them. They don't care about me, so why would I give a fuck about how they feel about me.

Now ppl that talk shit and don't know me, have never met me, or haven't had any sort of interaction with me. Strictly going off of what "they have heard about me" thats just stupidity. If they are going to just going to talk shit without evening know me, I don't need those kind of ppl around me anyway, so in a way it's a blessing =)

[Slept with ghost]

You know its not true so it shouldnt bother you

now as far as your child looking down on you because of what this person says you the kids father and when kids are young they dont care what people say about their parents they might question it and ask you if its true but just say no and go on doing what you normally do when you see each other its hard to ruin the image a child has of their parents and the only person who could really ruin it is one of the parents so like everybody else has said take the high road and ignore it

[Scary Guy]

I'll let Bill Hicks say it, and let him take the blame for saying it.

But I'll take the blame for posting it for sure.

http://dontbeaputz.imeem.com/music/rRvbYZR..._arent_special/ (audio)

Then Carlin takes it a step further.

http://trig.com/jimmynyhc/blog/2007/4/3/post/15932 (video)

[torn asunder]

Or are you saying my child's emotional well being is not important? Is that what you're saying? Because I stated very clearly - this would not bother me so much if my child weren't dragged into it by this person.

Should I seek punitive damages from them for what amounts to an attempt to ruin me in any way they could think of and bring upon me stress and anguish?

seeking "punitive damages" has nothing to do with emotional harm to your child - it sounds like you want money, and are using the excuse of protecting your child as an excuse. if you can prove that the the child is being harmed by visitation with this person, just get the visitation changed so they can't see them anymore... if you can't prove that, you probably won't have any success proving defamation for money, either...

[Rayne]

Wayne County won't do a thing about it.

Been there, done that so much and it's interfering with my daughter's life and treatment for her psychological conditions.

It happens constantly and she'll be the first one to tell you all the details. But one thing the court takes into account is that my daughter is the only witness to this firsthand, everyone else is second hand (there are friends and other family members but they have never witnessed it in front of my daughter) and my daughter is not old enough to talk to the court herself.

Things may change when she is old enough ... but I doubt it.

[JaneDead]

seeking "punitive damages" has nothing to do with emotional harm to your child - it sounds like you want money, and are using the excuse of protecting your child as an excuse. if you can prove that the the child is being harmed by visitation with this person, just get the visitation changed so they can't see them anymore... if you can't prove that, you probably won't have any success proving defamation for money, either...

i agree ^

it sounds to me that the person doing it is your child's mother. (i could be wrong of course, as you have not stated it was her. and if it is not her disregard the rest of this>) i don't know what she is saying or why she feels the need to be so demeaning about her child's father but if that is the case - i think your concern should be more about this woman raising your daughter and not going after her for what she says about you.

[Der Nister]

seeking "punitive damages" has nothing to do with emotional harm to your child - it sounds like you want money, and are using the excuse of protecting your child as an excuse.

Well I can sorta understand why you might think this but the truth is..............no, I am not digging for gold. Look at Ronald Golman's father - still hasn't seen a dime from O.J. even though he was awarded punitive damages. If I won a civil case against this person I would expect to never see a dime as well.

What I want more than anything is for this person to grow up and stay the hell outta my life and business.

Wayne County won't do a thing about it.

Been there, done that so much and it's interfering with my daughter's life and treatment for her psychological conditions.

It happens constantly and she'll be the first one to tell you all the details. But one thing the court takes into account is that my daughter is the only witness to this firsthand, everyone else is second hand (there are friends and other family members but they have never witnessed it in front of my daughter) and my daughter is not old enough to talk to the court herself.

Things may change when she is old enough ... but I doubt it.

I can so sympathize with you - Wayne county has done more damage to families than crack. It's no wonder the state stepped in and took over the duties from those incompetent morons (that's not slander - just my personal view of them based on experience).

[BrassFusion]

so is it only slander when other people do it to you?

[Der Nister]

I've made my decision - anything else about this is a waste of time.