Originally posted by Great Saban:
quote:
Originally posted by wazzup:
And as far as writting false information in reports. You need to show prof before you make a statement of slander. I am not talking about some one told me or I knew a guy or I heard. Bring us real prof. I am willing to bet you have nothing to show any part of this officers report was made up.
1. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Slander does not apply to written statements. In this case, he typed his opinion, therefore it exists as a "fixed" representation. So get your own facts straight before you go spouting off pretending to be a lawyer.
2. If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation. Whether a statement is viewed as an expression of fact or opinion can depend upon context - that is, whether or not the person making the statement would be perceived by the community as being in a position to know whether or not it is true.
3. A defense similar to opinion is "fair comment on a matter of public interest". For example, if the mayor of a town is involved in a corruption scandal, expressing the opinion that you believe the allegations are true is not likely to support a cause of action for defamation.
4. Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation,
the public figure must prove an additional element: That the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth.
5. Obviously the report wasn't made up. It's real and exists as a matter of public record now. The facts in the report, however, appear to be grossly misrepresented.
6. You're an idiot.