Steve Jobs is dead.

[Yellow Mage]

Re: Steve Jobs is dead.

So what it sounds like is you can take any allegation of fact, no matter how malicious or dangerous, and turn it into protected speech, removing the burden of proof and legal liability without altering the nature of the message in any practical sense, simply by adding the words "we believe very strongly that" to the beginning of the sentence.

You can also get away with passing it off as journalism. See Fox News, et al.

[Taskmage]

Re: Steve Jobs is dead.

You can also get away with passing it off as journalism. See Fox News, et al.

Most of which probably sneaks in under the banner of opinion, but using blatant falsehoods like all that "death panels" nonsense to manipulate the political process should definitely be illegal.

---------- Post added at 04:10 PM ---------- Previous post was at 04:01 PM ----------

Defamation is an interesting section in US law. Unlike a number of other statutes, it is not in the plaintiffs (person claiming damage) favor and you have to show actual, real damage from the supposed infraction (hurt feelings don't count).

I'm sure "psychological trauma" and "pain and suffering" have been argued successfully, though the burden of proof is probably daunting.

There is no damage to Jobs reputation if WBC calls him a fag enabler, the estate isn't going to loose money over it.

the estate isn't going to loose money over it.

loose

*head asplode*

No longer sure you're not doing this on purpose to troll me.

Freedom of Expression is one of the human rights held highest by the US Constitution. Laws that deal with its application are supposed to walk a very fine line of 'you better have a damn good reason' for enacting limits to it.

That's as it should be, but it's still disappointing that I can't just up and murder someone I think grievously deserves it.

[Mhurron]

Re: Steve Jobs is dead.

*head asplode*

You might need to get that looked at as that was quit obliviously a typo. One I'm going to leave they're, just to spite you.

I'm sure "psychological trauma" and "pain and suffering" have been argued successfully, though the burden of proof is probably daunting.

Doubt it. It has been tried. If Hustler can claim 'Jerry Falwell had engaged in an incestuous act with his mother in an outhouse' and the Supreme Court can shoot down defamation claims against it because, hey who was going to believe it, I doubt anyone can come up with a bigger hurt feelings story than that. The Supreme Court over turned a lower courts damage award and set the law of the land to hurt feelings don't count.

And no, actually Fox News doesn't get around broadcast standards in the US by presenting as opinion, it just isn't illegal to broadcast lies as news in the US. They, however, do have problems getting broadcast licenses in other countries.

[Taskmage]

Re: Steve Jobs is dead.

Snyder v. Phelps: Searching for a Legal Standard

Apparently a court has actually ruled against Phelps for emotional distress (seperate from a defamation charge which was dismissed) but then a later court overturned the ruling saying "Phelps’ conduct was not sufficiently ‘outrageous’ to meet the requirements of the tort of intentional infliction of emotional distress." So basically as an expert on the subject once put it:

Trolling isn't a race to b&, it's a struggle to piss people off as much as possible while flying just under the radar of moderation

and these assholes are just under that threshold.

[Malacite]

Re: Steve Jobs is dead.

Just got home from work.

CNN had a very nice special all last night about the guy. Bill Gates was particularly emotional - I didn't know they were that close.

I never gave a shit about Apple's products, but it does make me genuinely sad to see such a brilliant man go well before his time.

[Feba]

Re: Steve Jobs is dead.

So basically as an expert on the subject once put it:

Do you people have that bookmarked or something jesus christ

[Yellow Mage]

Re: Steve Jobs is dead.

Do you people have that bookmarked or something jesus christ

Fun fact: Feba's Guide to Forum Trolling can be found by typing "tantric sex" in the search bar.

>_>