Archive for July 23rd, 2012

July 23, 2012

3rd Party Libel, Defamation,Slander And Harassment …Or How I Learned To REALLY Love Lawsuits!

by Teréza Eliasz-Solomon (HeiressMommy™)

My, my, my how silly some people are – while thinking they are “outing” someone when what they are really doing is getting themselves into a whole lot of trouble. You see what most Americans do not understand is that slander, defamation and libelous speech are NOT protected forms of free speech under our U.S. First Amendment. That is why it tickles me so much that fools and miscreants actually believe they have legal rights when they lie or even repeat another person’s bogus, proved to be untrue or unverified story. Don’t you just love jurist prudence – I certainly do!

Now don’t get me wrong – insults, hateful/mean opinions are completely all right as far as one not being able to be sued or charged with  a crime on account of these things. Additionally, hyperbole or dramatic comparisons like my husband’s favorite concerning his ex being the “devil’s daughter” would never be accepted for a reason to sue or to charge someone.  As I explained to a particular ignorant and very unattractive “lady” once – that unless you can get the bonafide devil himself into a court room to deny this, there is no lawsuit and even then, in my opinion, the devil would surely claim this loathsome creature as his very own offspring. Name calling is also not a candidate for litigation – unless of course you are calling someone something they obviously and factually are not and have never been …like a bank robber, a counterfeiter, a whore [because that is a real thing – not just an insult], etc..

One of my recent [last two years] favorite hobbies is preparing with my attorneys and other supporter advisers to file harassment, slander, defamation and  libel lawsuits against a particular group of people – the statue of limitation while different in each State, is expansive when there is a continuing offense or/and fear and other legal matters that made an immediate action nearly impossible or impractical. But I do like and have begun [when appropriate] to act immediately against the offenders – of course, there is something to be said for having evil doers relaxed into thinking their unseemly and ignorant action have allowed them to go unscathed on account of the passage of time. I can even surmise that these individuals have asked an attorney or two or even Googled to assure themselves that too much time has lapsed for us/me to file against them – love the element of surprise in legal matters.

My new favorite litigation topic is internet libel …where someone posts or reposts what they firmly state to be true and a “real” Google archive article. Really? Let me explain it as Google themselves have – they are merely a news aggregator – Google posts ALL articles no matter if proven incorrect, erroneous or has since being rewritten/changed.  In fact, there is much criticism about Google not vetting or correcting that which they offer. Everyone knows that there are as many views/opinions as there are stars in the sky … let us say little Billy and Joey are playing with their family pooch and at one point Billy says to Joey that pooch acts like or looks like some alien. Wow says Joey and then Googles “Are Dogs Aliens?” – bet you there is someone somewhere and for some reason [even if only a cartoon reference] that has produced a now Google ready article stating as factual that dogs are definitely aliens. I admit that at times my own canine appears or acts like a space cadet but we all know dogs are NOT aliens. No matter the source – you can NOT attack the character of someone by using an internet found article and oh by the way not even truth is a defense for an invasion of privacy charge [exception is when you are accessing information for your own safety concerns or to fight litigation against you] …in other words, you cannot claim you thought something was true in your most inner self and that was your reason for  making a statement or posting. Oh no, you can neither/certainly not post or repeat something not 100% true other than an opinion or feeling and you also can not repeat or harass with what you might think is true because it is a published article. Another issue is there is no defense by saying you only were repeating another person’s libelous utterances or sending/posting that which someone else sent you. Here is one of my favorite aspects of these laws – if you have been told or if you have corresponded with the persons you are attacking and they have told you something  is not true and then you slander anyway – OMG – are you in big trouble. This is because you had the advance knowing and/or capability due to exposure and personal interactive relationships to get the real facts. The most egregious action and easily won lawsuit is where someone actually makes something up about someone and then posts it on social media or shares via email or through oral utterances and on top of that has others ask if they are sure this is true, only to state with certainty that it is true [can you my dear readers guess this is one of my upcoming take all their stuff/please incarcerate this bottom dweller lawsuits?]. The exception is obviously when someone proudly and deliberately professes an involvement with a particular group or organization – has their name voluntarily attached to something that has been made public – then and only then can you use this as a true and real connection because there is no speculation on your part and no harassment nor attempt to shame …it simply is on account of the individual you are discussing having boasted their own involvement that makes such statements not libelous. An example is when an individuals belongs to/has their name on a list or website of  a company or school or group or faux church, etc. that has been blamed for or charged or written about for wrong doings –  simply written about because of its ridiculousness – then you may comment or post  without impunity. For me I would not and could not seek a lawsuit if anyone repeated that I am Jewish, name of my synagogue where I am member,  my [location not given here because of security concerns] ____ Women’s Newcomers Club, etc. – none of these types of things are slander or harassment no matter the possible negative tone/even salacious information that might be published in the press about my group being repeated – only and unless it is being done to cause me harm by indicating my where about in an attempt to locate me within that group for some sort of attack. As far as harassment – one may fully communicate, especially in an interpersonal relationship [family, established friendship and those having for whatever reason had a reasonable interactive relationship in the past] via emails, text, voice mail messages, etc. – you can threaten lawsuits, legal action and such but you can not insinuate the “or else” type scenario – that is definitely a crime of threats. Law enforcement will not get involved in back and forth of a personal argument that involves the issue of money, personal relationships or the ending of such but police take very seriously the type of messages that indicate or suggest a if you do or do not do a certain thing, then ____.  One firm example is leaving a voice mail message with the suggestion if someone does not “keep [their] mouth shut …” – you see the or else is implied and that definitely concerns law enforcement. Of course, as with all laws there are nuances much too varied and detailed to discuss here but my husband and I, as well as our support team, firmly believe that no matter one’s own possible life wrong doings, lies and harassment must not be tolerated – sue we will – win or not. We believe, as my Jewish faith demands that those guilty of slander, libel and defamation must be repudiated and punished – banished [in modernity that would equal ostracized] from their community.

As I always mention – in each and every blog posts – due to ongoing/upcoming litigation and book obligations [2013 “Heiress Mommy …The Life Of A Modern Super Woman!“] I am unable to detail with more specificity as to my own situation but I promise that you can look forward to a 100% truthful tell all story – everything about me and everything about those hubby & I have taken to calling the “evil doers“. Now, who should play me in the movie …gal pals think Catherine Zeta-Jones and in mine/their OPINION, my dear Bette Midler as she appeared in Hocus Pocus flick to play the woman hubby calls the “devil’s daughter” – however, I do not want to insult the great Bette with that comparison – after all Midler & I are both really nice Jewish Mothers!

P.S. My DISCLAIMER …above references to certain individuals is my “OPINION”  – Shalom my blog reader darlings and remember the best is yet to come  — keep reading for postings of future victories !!!

%d bloggers like this: