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Should the Swift Boat Liars be charged with slander?

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ButterflyBlood Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:09 PM
Original message
Poll question: Should the Swift Boat Liars be charged with slander?
YES
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Misskittycat Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:11 PM
Response to Original message
1. It could be libel and slander
Libel is for the printed word; slander is untruths spoken orally.
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Droopy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:15 PM
Response to Reply #1
2. Wlecome to DU, Misskittycat
:toast: I haven't seen the swift boat ads or heard from any of the vets that are slandering. But I don't watch much tv. I hope people are wise enough to see through this as nothing but Bush propaganda.
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IdaBriggs Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:25 PM
Response to Original message
3. Oh, yeah! Smack 'em down HARD!!!
Go, Kerry, Go!!! :)
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PROGRESSIVE1 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:29 PM
Response to Original message
4. John O'Neill has dishonored his Country. He is UNPATIROTIC!
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markses Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:31 PM
Response to Original message
5. Charged with? Slander is not a crime
The correct question would be:

Should John Kerry SUE the Swift Boat Vets for slander/libel.
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DebJ Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:32 PM
Response to Original message
6. I don't think a public candidate for office can do that?
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Raven Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:35 PM
Response to Reply #6
7. You are correct.
Kerry is a public figure...he's fair game, unfortunately.
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quaoar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:46 PM
Response to Reply #7
10. The standard for public officials
http://usinfo.state.gov/products/pubs/press/press08.htm

The famous decision in New York Times Co. v. Sullivan once and for all created a national rule that squared more fully with the free press guarantees of the First Amendment. In its ruling, the Court decided that public officials no longer could sue successfully for libel unless reporters or editors were guilty of "actual malice" when publishing false statements about them.

And just what is malice when it comes to proving libel? Retired Justice William J. Brennan, Jr., who wrote the Sullivan decision, defined it as "knowledge that the was false" or that it was published "with reckless disregard of whether it was false or not." In other words, public officials no longer could sue for libel simply by proving that something that had been broadcast or printed about them was false. Now they would have to prove that a journalist had knowingly printed false information while making little, if any, attempt to distinguish truth from lies.

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quaoar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:37 PM
Response to Original message
8. Slander is not a criminal offense
Swearing a false affidavit as part of a court proceeding is.

And public figures can, indeed, sue for slander and/or libel. But the burden of proof is quite difficult for public figures. You have to prove that the person defaming you knew the information was false and said it with malicious intent.

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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:48 PM
Response to Reply #8
11. Kerry could sue the book's authors for libel
but that would be another distraction from the issues that need to be discussed during this campaign.

The more we dwell on this shit, the more we are not talking about the lies that got us into the war in Iraq.
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juajen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:57 PM
Response to Reply #11
13. This is probably a good idea, to sue them for slander
It probably would not be tried for a year or more; but, everyone in this country would know that Kerry is putting his veracity and money on the line. Perhaps they would think twice before using these tactics if they had to pay for it in court. One of the problems is that they are never taken to task for what they do, so they think they can get away with anything, and often, do. So, I say SUE, SUE, SUE.
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 03:04 PM
Response to Reply #13
14. The word is "libel"
Defamation, Libel & Slander: Overview

Defamation is a legal action sounding in tort based on an intentional or reckless public false statement that injures another person's reputation. Libel and slander are types of defamation. Generally, libel is defamation in print and slander is spoken defamation. Court cases have blurred the line between libel and slander, however. Defamation is governed by state statutes or common law. To find defamation statutes for a particular state, go to MegaLaws state law pages and conduct a statute search.

http://www.megalaw.com/top/defamation.php

Kerry has a stronger libel case against the book's authors than he does in slander against the swiftboat veterans. Kerry is a public figure and a candidate for office, so practically anything goes into what people may say about him. It will raise First Amendment questions to sue for slander, whereas the case for libel is more compelling.
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sundancekid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 03:08 PM
Response to Reply #14
15. I "second" that (e)motion, Your Honor IndianaGreen
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marlakay Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:37 PM
Response to Original message
9. The military should do something!
My husband was in the Nam war and he said the military should be upset by the viets because they are basically acusing them of being wrong when they gave out the medals. What does the military think of all this? Considering that Bush people run it, I guess they don't care.
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 02:49 PM
Response to Original message
12. YES.
This is absurd. Ridickkkoulus. Slander is a hot-button with me, born and raised in Amurikkka, black and female in a male-dominated profession.
Jes' cuz dey SAY IT don't mean it so. Dey can say it so many time dey want IT STILL BE A LIE.

SLAP DEY LYIN' ASSES INTO THE TARPITS DEY SO COVET! I'm SO PLEASED with the Kerry campaign. Americans are incredibly BRAINWASHED (and don't realize it), taking time to "line up the ducks" and allow the Mighty *Wurltzer to do it's thing... I'm LOVING IT.

Those who fail to learn from history...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x647519#647521

It's Junkdrawer's #2 post if that didn't work.

Anyone who wants to talk about the points made at 10:00 and 18-24:00, let's type. ;-)
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genius Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 03:19 PM
Response to Original message
16. In California, it's a crime. No one is ever prosecruted though
Haven't checked the U.S. Code.
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 03:27 PM
Response to Reply #16
17. This would be a civil action in which a claim of tort is made
not a criminal case in which there is a prosecutor and a defendant.

Kerry would be the plaintiff who files a complaint for damages, while O'Neil and his Obergruppen fuehrer side-kick would be the defendants.
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CHestonsucks Donating Member (84 posts) Send PM | Profile | Ignore Sat Aug-21-04 03:47 PM
Response to Original message
18. The Swift Boat Veterans for Fraud
should receive treatment commensurate with their behavior.

They should have their tongues cut out.
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Placebo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-21-04 03:49 PM
Response to Original message
19. Who the hell voted 'NO'???
I can't imagine who would think what these lying liars are spewing isn't slander at its worst and most disgraceful.
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