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Author Topic: Will this get worst against the 1st?  (Read 615 times)
98valk
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Posts: 13652


South Jersey


« on: January 10, 2019, 04:19:08 AM »

https://www.nytimes.com/2019/01/07/us/politics/criminal-libel-laws-lawsuit.html

Like lots of Americans, Robert Frese is not shy about expressing his views on the internet. Last year, in a comment on a newspaper’s Facebook page, he said a New Hampshire police officer who had given him a traffic citation was “a dirty cop.” The police chief, Mr. Frese added, was a coward who had covered up the matter.

The police officers might have looked the other way. They might have responded, explaining their positions and letting readers decide who was right. They might have filed a civil suit for libel, seeking money from Mr. Frese.

Instead, they did a fourth thing, one that seems at odds with the American commitment to free expression, particularly where criticism of government officials is concerned. They arrested Mr. Frese, saying he had committed criminal libel.

About half of states have laws making libel a crime, and prosecutions are not uncommon. About 25 people were charged with violating New Hampshire’s law from 2009 to 2017, according to a lawsuit filed last month on behalf of Mr. Frese by the American Civil Liberties Union. Nationwide, according to a preliminary count by Eugene Volokh, a law professor at the University of California, Los Angeles, “it appears that they happen about 20 times per year, and often lead to convictions.”
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1998 Std/Tourer, 2007 DR200SE, 1981 CB900C  10speed
1973 Duster 340 4-speed rare A/C, 2001 F250 4x4 7.3L, 6sp

"Our Constitution was made only for a Moral and Religious people. It is wholly inadequate to the goverment of any other."
John Adams 10/11/1798
Patrick
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Posts: 15433


VRCC 4474

Largo Florida


« Reply #1 on: January 10, 2019, 04:44:49 AM »

One can't say anything they like. Everyone knows about yelling fire in the theatre. What one says should be true and they should be accountable for it. This can be a slippery slope, but, if the police were right I'd like to see them win.
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Moonshot_1
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Posts: 5140


Me and my Valk at Freedom Rock


« Reply #2 on: January 10, 2019, 05:44:50 AM »

I find it interesting that they did not include the entire text of the comment on the Facebook page in the article. Just a short excerpt out of context and a brief summery.

My guess is that the guy's whole comment was false, inflammatory, and made accusations that there was criminality involved by the police.

And there wasn't.

1st Amendment is not something to hide under. You can say what you want. You just need to be able to defend what you say. Just because the right is protected doesn't absolve anyone from responsibility of what they say.



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Mike Luken 
 

Cherokee, Ia.
Former Iowa Patriot Guard Ride Captain
G-Man
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Posts: 7910


White Plains, NY


« Reply #3 on: January 10, 2019, 05:58:00 AM »


 You can say what you want. You just need to be able to defend what you say. Just because the right is protected doesn't absolve anyone from responsibility of what they say.


Unless you are a Democrat or reporting/opinionating for the media.

For the last 2.5 years they have been making  false, inflammatory, and made up accusations that there is criminality involved, WITHOUT any evidence to prove their claims.  They've even made up medical diagnosis'.  And yet they aren't held responsible for forming opinions in the clay minds of democrat voters who lick it all up from the dirty streets of DC.

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..
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Posts: 27796


Maggie Valley, NC


« Reply #4 on: January 10, 2019, 06:00:45 AM »


 You can say what you want. You just need to be able to defend what you say. Just because the right is protected doesn't absolve anyone from responsibility of what they say.


Unless you are a Democrat or reporting/opinionating for the media.

For the last 2.5 years they have been making  false, inflammatory, and made up accusations that there is criminality involved, WITHOUT any evidence to prove their claims.  



 cooldude

COLLUSION      Cheesy     COLLUSION      Cheesy     COLLUSION      Cheesy     COLLUSION
« Last Edit: January 10, 2019, 06:02:19 AM by Britman » Logged
98valk
Member
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Posts: 13652


South Jersey


« Reply #5 on: January 10, 2019, 06:43:21 AM »


 You can say what you want. You just need to be able to defend what you say. Just because the right is protected doesn't absolve anyone from responsibility of what they say.


Unless you are a Democrat or reporting/opinionating for the media.

For the last 2.5 years they have been making  false, inflammatory, and made up accusations that there is criminality involved, WITHOUT any evidence to prove their claims.  They've even made up medical diagnosis'.  And yet they aren't held responsible for forming opinions in the clay minds of democrat voters who lick it all up from the dirty streets of DC.



 cooldude cooldude cooldude
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1998 Std/Tourer, 2007 DR200SE, 1981 CB900C  10speed
1973 Duster 340 4-speed rare A/C, 2001 F250 4x4 7.3L, 6sp

"Our Constitution was made only for a Moral and Religious people. It is wholly inadequate to the goverment of any other."
John Adams 10/11/1798
Savago
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Posts: 1994

Brentwood - CA


« Reply #6 on: January 10, 2019, 08:23:07 AM »

The guy's statement was probably exaggerated and untrue, but it is clear to me that the police decided to overreact by arresting him.

That is both not the smartest move by the police as was properly pointed in the original post (OP), as also seems to be an abuse of a libel law.

I mean, arresting someone because of a not-so-nice comment in FB? Seriously? Following this standard, half of the population in the USA would have to be arrested... the other half simply doesn't use FB.
 Grin

What is this country becoming, commie Russia? It is past due that police is hold accountable for overuse of the authority invested on them by the public.
« Last Edit: January 10, 2019, 08:26:01 AM by Savago » Logged
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