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Thread: Sources: Checketts to drop Limbaugh

  1. #131
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    Re: Sources: Checketts to drop Limbaugh

    All these people whining away simply have no real notion of what free speech is all about. Rush used his. Now he is facing the repercussions for using it as he has done.

    THAT'S what free speech is all about ladies and gentlemen.
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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by Gardener View Post
    All these people whining away simply have no real notion of what free speech is all about. Rush used his. Now he is facing the repercussions for using it as he has done.

    THAT'S what free speech is all about ladies and gentlemen.
    Wasn't that pretty much the righties position during the Dixie Chicks brouhaha?
    “We just simply don’t know how to govern” - Rep. Steve Womack (R-AR) a member of the House Budget Committee

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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by Gardener View Post
    All these people whining away simply have no real notion of what free speech is all about. Rush used his. Now he is facing the repercussions for using it as he has done.

    THAT'S what free speech is all about ladies and gentlemen.

    No one has said that the people lying about what Limbaugh has said in the past don't have the right to say it. What we are looking at here is actionable civilly. here is the synopsis of the law as it is interpreted by experts.


    Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

    Typically, the elements of a cause of action for defamation include:

    A false and defamatory statement concerning another;
    The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
    If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
    Damage to the plaintiff.
    In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

    Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.

    Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

    Attacks on a person's professional character or standing;
    Allegations that an unmarried person is unchaste;
    Allegations that a person is infected with a sexually transmitted disease;
    Allegations that the person has committed a crime of moral turpitude;
    While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.

    Defamation, Libel and Slander Law

    As you will note here, Limbaugh would have a great case not only against the poverty pimps, but against CNN, and anyone else that furthered the lies against him.

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  4. #134
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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by Gardener View Post
    All these people whining away simply have no real notion of what free speech is all about. Rush used his. Now he is facing the repercussions for using it as he has done.

    THAT'S what free speech is all about ladies and gentlemen.
    Free speech doesn't entitle others to slander and libel you though; which is what is happening.
    You know the time is right to take control, we gotta take offense against the status quo

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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by liblady View Post
    how awful. kinda like he attempts to torpedo candidates he doesn't like for their speech, right? do you really believe he's not divisive? if he wasn't, would this have happened?

    did his partner drop him? if so, isn't the onus on his partner to show some cajones? sports radio callers don't get a vote on potential nfl owners.
    I doesn't matter how divisive he is, that doesn't give license to slander and libel the man. If he really was a racist and really said racist things, ok maybe then (burden of proof is on those who want to slander though). But he didn't, people are going overboard with what he said and not listening to the words and looking at the situation. And because he's divisive a lot of people hate him. But those who hate him still can't break the law just because it's Limbaugh. Sorry, but his rights are just as important as anyone else's and must be upheld.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by Ikari View Post
    I doesn't matter how divisive he is, that doesn't give license to slander and libel the man. If he really was a racist and really said racist things, ok maybe then (burden of proof is on those who want to slander though). But he didn't, people are going overboard with what he said and not listening to the words and looking at the situation. And because he's divisive a lot of people hate him. But those who hate him still can't break the law just because it's Limbaugh. Sorry, but his rights are just as important as anyone else's and must be upheld.

    the burden of proof is on those accusing someone of slander, or libel, not the other way around.

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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by jackalope View Post
    the burden of proof is on those accusing someone of slander, or libel, not the other way around.
    Yes, but if you're making a claim you have to prove it. So Rush goes in to court because the slander/libel is essentially easy to see in this case. So what will have to be proven to avoid slander/libel is that the comments made against the man were true. If it can be proven true, then defense. If it cannot be proven true, then Rush will win in court.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by Ikari View Post
    Yes, but if you're making a claim you have to prove it. So Rush goes in to court because the slander/libel is essentially easy to see in this case. So what will have to be proven to avoid slander/libel is that the comments made against the man were true. If it can be proven true, then defense. If it cannot be proven true, then Rush will win in court.
    No, actually the burden of proof is on Rush; he must prove the statements are false, and the person who made them either knew they were false, or acted with reckless disregard for the truth. As a public figure, the burden of proof on plaintiff Rush is even higher, if I remember correctly. But the burden lays would lie with him, were he to bring a case.

    In other words, Rush would be the one making a claim of falsehood, and he would have to prove it.

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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by jackalope View Post
    No, actually the burden of proof is on Rush; he must prove the statements are false, and the person who made them either knew they were false, or acted with reckless disregard for the truth. As a public figure, the burden of proof on plaintiff Rush is even higher, if I remember correctly. But the burden lays would lie with him, were he to bring a case.

    In other words, Rush would be the one making a claim of falsehood, and he would have to prove it.
    That doesn't make sense. Because then in your case anyone can run around saying whatever they want about people, causing as much damage as possible, etc. You wouldn't face repercussions or show that your actions were just. The key to slander, what makes it hard to prove, is that you have to show that there has been negative impact (usually in some financial or business quarter). That's easy to see in this case. Then the charges of racism have to be addressed, are they true. Well at this point someone has to prove that what they said is true. These are civil not legal proceedings so it's not like it's the State prosecuting someone (in which case damage and falsehood of statement must be shown by the State). Those whom slandered him will have to defend what they say because they are the one's being sued.
    You know the time is right to take control, we gotta take offense against the status quo

    Quote Originally Posted by A. de Tocqueville
    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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    Re: Sources: Checketts to drop Limbaugh

    Quote Originally Posted by Ikari View Post
    That doesn't make sense. Because then in your case anyone can run around saying whatever they want about people, causing as much damage as possible, etc. .
    Wow that sounds like what Limbaugh does on a daily basis.

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