libel

Free Speech

Many Americans pride themselves with the fact that the United States government has addressed the notion of our Freedom of Speech; however, they feel that the word freedom is a bit misleading in this regard. Many feel as though they do not, truly, have Freedom of Speech, due to the boundaries that have been placed on them through the conditions of the 1st Amendment. They feel that their speech is mildly tainted since there are so many restrictions placed on their freedom. Some feel as though they just do not have the full creative rights that they need and deserve. Now, let’s be honest to ourselves and each other. If these restrictions were not in place, there would be a great deal of quite more harmful messages sent out into the world. These boundaries are not set in place to harm you, but to see to it that no harm comes to you. To whom much is given, much is expected… so therefore, with your Freedom of Speech, also comes the right to act responsibly.

1. A restriction that is placed on your right to Freedom of Speech is the notion of “Clear and Present Danger.” This means that with your Freedom of Speech, you do not have the right to publish any material that is going to jeopardize the state of the nation’s security. It can not pose any threat to the safety concerns of the inhabitants of the United States.

2. Another restriction that you have in terms of your Freedom of Speech is that you are not to commit the act of defamation. This means that you are not to state anything that you know to be false about someone, that you know could cause harm to their reputation. You are not to say anything, knowingly false, that is going to cause others to choose not to associate themselves with that person based on the falsehoods that you have stated or published. Although you do have Freedom of Speech, you are not allowed to make any false claims that are going to cause that person to have a negative image.

3. An additional restriction that is placed on your right to Freedom of Speech is the zero tolerance for obscenity. Obscenity is characterized as any expression of lewd expression that is offensive to others. Although this part of the restriction placed on your Freedom of Speech is very subjective, we all know how to determine whether or not a form of creative expression is deemed to be obscene. Even as the artist, you are able to make the fairest assessments as to whether or not your art form is obscene. We must use our better judgment in all our expressive art forms to make those key distinctions between Freedom of Speech, and pure obscenity.

Freedom of Speech

Your Freedom of Speech does not stop before you enter the door of the classroom. From when you are a young child, you are made aware of your Freedom of Speech. Before you even get comfortable in your seat, you are asked to speak. In fact, you will learn that you are going to be constantly called on in class. As you continue to age in the school system, you find that you are actually encouraged to speak. You are encouraged to utilize your Freedom of Speech. A few years down the line, you learn that if you do not speak in class, this could hurt your overall grade. That’s right your “participation” grade is one of the grades of measure that contribute to your overall grade. Needless to say, your Freedom of Speech is definitely recognized in the classroom.

1. The key basis of utilizing your Freedom of Speech in school is that you must do so in a way that is respectful. You are allowed to express yourself in a way that exudes passion, but you have to be mindful to others in the classroom. In the classroom setting, you must be considerate of those that are in the room. You are able to use forward thinking and speaking, but you are to do so in a way that is not going to jeopardize the integrity of others. Using your Freedom of Speech in school is about being responsible for your actions, and using language that is going to be in consideration to those around you.

2. Another key element to your Freedom of Speech in school is that your instructors are to give you the right to let your voice be heard. They have to give you the right to speak. They can not prohibit you from contributing to a class discussion as long as you are conducting yourself in a respectable manner. You are to be given the opportunity to state your cause on any given issue that the class is presented with.

3. As far as Freedom of Speech in school, it is important that instructors are encouraging their students, from when they are a young child, to develop opinions. This does not mean that they have the right to pollute your mind with the traditions and beliefs that they follow, and therefore would like you to follow. This simply means that they are to supply you with valued, unbiased information that is going to encourage you to create your own opinions. As these opinions begin to form, you are given the Freedom of Speech to be able to express them, eloquently, yet respectfully.

Human Rights

Fortunately, there are human rights that you do have, as a citizen of the United States of America, that are not going to let many of those obstacles that we face stand in the way of fighting your cause. The 1st Amendment gives you the rights that you need to make the progress that you need and deserve. The 1st Amendment touches upon the ways in which you are able to conduct yourself in a legal society, and still evoke fundamental change for your issues. It is important that you know the rights that the 1st Amendment gives you. It is equally as important to use, and not abuse these rights. Otherwise, the repercussions will create further legal conflict than what you originally felt you were faced with. Once you know your 1st Amendment rights, take heed, then proceed with your cause.

1. One of the important 1st Amendment rights that are going to help you fight your cause is the Freedom of Assembly. The Freedom of Assembly will be essential in making sure that you are legally able to assemble with those that have the same level of care and concern for your cause. This will help to create the strong unit that you are going to need to tackle that issue. The 1st Amendment gives you this right so that you may come together and join forces to collectively fight for your cause. After all, there is power in numbers. You are given the right to use your public assembly to express how you feel about the issue at hand. The 1st Amendment allows you to join together in order to convey your message and defend what you believe in. Additionally, this does not give any discrimination to politics. You are able to come together in a public forum and express how you feel about a particular political issue. You are also granted the right, within reason, to ban together and celebrate your political party.

2. The 1st Amendment also gives you the right to protest. Aside from the freedom to simply form these groups, you are also legally able to conduct protests. You are able to take your congregation to a public venue and fight for your cause. This is one of the key ways that groups are sure that their issues are heard. Thankfully, the 1st Amendment gives us this right so that this is even possible. The 1st Amendment allows us to carry out protests, in an attempt to make sure that every voice is heard. This is to ensure that all people have a fair chance at effecting change in the nation.

1st Amendment Rights

It is important that you know that the United States’ Bill of Rights gives you many rights as a citizen of the United States of America. As a citizen, your integrity is protected by the Bill of Rights in many different ways. More specifically, the 1st Amendment was created to offer you some of the most fundamental rights and the greatest freedoms that everyone deserves. The 1st Amendment touches upon a number of different areas of law. The 1st Amendment speaks to your rights in terms of Freedom of Religion, Freedom of Speech, Freedom of Press, Assembly, and Petition. These freedoms were created by our forefathers, and have been followed and practiced by many generations, and will go on to be enforced and practiced by many generations to come.

1. Probably one of the most important components to the 1st Amendment is the Freedom of Religion. The core basis of how an individual lives their lives is based on religion. Whether you believe in a certain religion, or do not believe in any religion at all, this is one of the key determining factors as to how you choose to live your life. This is why the 1st Amendment had to address the issue. Law is composed based on the way that we live our lives. As the 1st Amendment so eloquently states, in the United States of America, we have the freedom to either practice religion or not to practice religion. In the meantime, the United States government can not force a particular religion on the nation. There can be no uniform religion established and forced on the inhabitants of the United States. The 1st Amendment also states that the United States government is not to hold against you, any religious faith that you belong to or do not belong to.

2. A very important right that we have as part of your 1st Amendment rights is the Freedom of Press. The 1st Amendment states that you have the right to publish creative materials through either printed or electronic mediums. You have the right to compose as many new creations as you would like to. This is rather important because people love to express themselves by using many of their creative outlets. This is one of the ways that people are able to escape from the daily struggles of life. Others base the very essence of their lives on being able to create new things. This is why the 1st Amendment felt it necessary to address this freedom. Nevertheless, in law, once stated what is permitted, there are also the things that are prohibited, that are stated as well. At the same token, the 1st Amendment does not allow publications that bash the government, or gives up any confidential government information of any kind. This protects the rights of the people, but the rights of the government, as well.

Bloggers Rights

You will find that there are several rights that you have as a blogger. It is important that you make yourself aware of these rights. As a blogger, you are protected by the 1st Amendment. On the other hand, along with your blogger’s rights come certain constraints. These come into play in order to give you your blogger’s rights, while also protecting those that are going to consume the expressive content you put out. As a blogger, you should be confident in knowing that your blogger’s rights constitute as the same rights that journalists are entitled to. Your blogger’s rights are going to afford you the opportunity to express yourself in ways that are only limited to your imagination.

ONE. One of the very important blogger’s rights that you are entitled to is the right to your Freedom of Speech. These means that your blogger’s rights give you the opportunity to use the online medium to post your feelings about those topics that speak to your heart. Nevertheless, in doing so, you must do so in a responsible manner. In the meantime, you are also held accountable for not only your posted comments, but also for the posted comments that you choose to feature from your guests. You are therefore told to label the level of tolerance that you are going to uphold for offensive comments. You will find that this aids in that process.

TWO. Another one of your blogger’s rights is that you have the right to be anonymous. Your blogger’s rights gives you the permission to refrain from listing your name, and exactly stating who you are on your blog site. There has been recent developments that are reported to be in the works, that are working in a movement to force bloggers to reveal their identities. However, there are just as many efforts that are in play that are working to see to it that the bloggers’ identities remain protected. The safety concerns associated with the full revelation of identity is one of the key elements that is currently allowing the better interest of the blogger’s rights to prevail in most circuits, on this issue.

THREE. What you must also know about your blogger’s rights is that you have the right to take the conversation beyond your blog website. Keeping your safety in mind, you are allowed to offer an extension of the conversation in another forum. Likewise, you are allowed to accept the offer to discuss the matter in a different forum. You may choose to continue the discussion on the Internet, but through a different vehicle. Maybe you want to conduct a personal chat, or even correspond through e-mail, about the issue at hand. This is permitted.

Lawsuit for Calumny

Calumny is a false statement that is aimed to hurt a person’s image or reputation.  It is also known as slander, libel, or commonly “defamation of character.”  Calumny can refer to the oral or written representation of false charges and statements used maliciously by one party to harm another party’s reputation.  Whether it be a statement about your character, affiliation, or morals, calumny can turn out to be disastrous.  Some will immediately consider suing, as your character and financial reputation may be directly or indirectly hurt from calumny.

Calumny is considered a defamation of character, and therefore can be used as a cause of action in a civil lawsuit.  A defamation lawsuit is a tort that aims to receive compensation for damages directly or indirectly caused by calumny.  For example, if one company intentionally spread lies about a competing company, calumny is said to have occurred.  The victim company can then contact a civil lawyer to file a claim for a defamation lawsuit in order to possibly receive general (emotional damage or damage to reputation) or special (economical and financial damages) damages.

If you think you are a victim of calumny, you may be entitled to compensation for the damages.  A defamation lawsuit will cost money, though, and so you should be certain and decisive about your decision to file suit.  Many citizens are unaware of the procedure of filing a defamation lawsuit.  The steps below are given to assist you in finding a lawyer, filing suit, and winning your case:

1. First determine your situation to the best of your ability.

You can save a lot of headache and stress if you learn as much as you can about calumny and defamation.  A couple of things to note are the distinctions between per se and per quo, and general and special damages.  Per se is a direct calumny, spoken or written, intended to hurt your reputation.  Per quo, on the other hand, describes an indirect attack that is dependent on situation.  General damages include all non-monetary damages such as emotional or physical harm, damage to reputation, and damages to the appreciation of life.  Special damages include damages to economic wellbeing, monetary assets, or property. Knowing these distinctions will prepare you for your meeting with your lawyer.

2.  Find a local lawyer that specializes in defamation lawsuits.

Use the Internet or phonebook to search for potential lawyers to represent you.  There are many lawyers who specialize in torts and defamation lawsuits.  Finding the perfect civil lawyer for your calumny situation will ease the difficulties of the process.  At this time, your lawyer can help you analyze your situation, give legal advice, and help you file documents.  Be sure to confirm that your situation does indeed have grounds for a cause of action, and that the other party’s intent was indeed malicious.

3.  Take action against the calumny

Should you desire to continue with your defamation lawsuit, ask your lawyer to file a claim with the local court.  From here you can decide whether to take the defamation lawsuit to court or to settle with the other party out of court.

Tip:

- Settling out of court can save you precious time and money associated with the court process.
- Defamation lawsuits may lead to compensation of both general and special damages, but may require concrete proof of special damages.

Difference Between Libel & Slander

Although you may be accustomed to mixing up slander and libel because they are so similar, there is a correct way to use the terms. Basically both of these terms, slander and libel, are used when referring to any such person, object, or business to give him/her harmful side effects. Most of the time when slander or libel is used towards someone it is false.

Slander is different from libel in that it refers to words that are spoken. Libel is different from slander in that it refers to words that are written.  A common term that brings slander and libel together would be defamation. When the word defamation is used it is just generally referring to any such form of slander or libel. Slander was more so the originator that relates to defamation because it was a frequent occurrence used and easily spread through the power of speech. Libel has become an equal originator because it is also a detrimental way to affect a person, business, or product. Slander would be easier to get away with because it is difficult to prove something that was only “heard” through word of mouth. Libel is easier to prove guilty as it can be proven with the written statement or picture that was used to commit the crime. There are many solid items that could be used to prove libel such as: movies, words in writing, CD’s, tapes, blogs, pictures, DVDs, and many more. If you are being accused of any of these terms: libel, slander, or defamation, you are in definite violation of the common law. A grey area when accusing someone of libel would be any internet proof such as blogs.

Blogs are typically used by any common person to express their opinions and feelings about anything they want. They’re opinions could be potentially negative depending on what their view is on the business, product, or person is. They should not be held accountable because they should be free to express their opinions. You are not restricted to what you say twenty four hours a day as well, so why should any internet conversation be any different? When it comes to libel, it is easy to undo whatever has been done because if anything whatever has been exposed can be undone or hidden. Slander and libel bring about many cases which have people committing honest mistakes. Many people don’t mean to make false accusations or statements but do so, and end up being punished with the terms of a serious crime.

It is also important to make sure there is no miscommunication when it comes to slander and libel. Every little aspect could be defining when it comes to making a judgment between slander, libel, and defamation. The soundest advice would be to avoid slander or libel as a whole and mind your own business. As mothers have always taught us since we were young, “If you have nothing nice to say, don’t say anything at all.”

Anti-Defamation

The Anti-Defamation League, otherwise known as the ADL is an organization founded in 1913 that professes “to stop the defamation of the Jewish people and to secure justice and fair treatment to all.”

Although they fight against all types of discrimination, the Anti-Defamation League primarily fights for the antisemitism cause.  They profess to do this through “information, education, legislation, and advocacy.”

Antisemitism is defined as prejudice towards Jews.  People who are antisemitic display hatred for the Jewish ethnic background, culture, and religion.  Antisemitism has been a problem throughout all the world and throughout all history, ranging from their expulsion from England and Spain to the notorious Holocaust.  It continues to be a problem in the United States, demonstrated by a 2009 Boston Review study that found 25% of non-Jewish Americans blamed the Jews for our recent recession.

The Anti-Defamation League had their own survey that concluded that 14% of U.S. residents had antisemitic views, with higher percentages held by the minority groups of Hispanics and African-Americans.  Their studies are only a part of the effort to stop antisemitism.

To combat antisemitism, the Anti-Defamation League incorporates many different avenues.  Below are some of the ways they fight antisemitism around the world.

1. The website

The Anti-Defamation League website is a hub of information and references that serves as a public informational and news database.  On their site they have important news issues that pertain to their interests, including foreign relations and wrongful organizations that promote antisemitism.  They include sections for opinions, press coverage, surveys, and “exposing antisemitic myths.”  They also have sections in their left navigation bar for education, civil rights, religious freedom, terrorism, and more.

2. Survey information

The Anti-Defamation League also fights antisemitism through their comprehensive research.  For example, on their website, they have survey reports that focus on antisemitism in America.  In 2007, they conducted a survey that showed antisemitism levels staying constant since 2005, and that “antisemitic beliefs endure in America.”  Additionally, they found that 31% of Americans believe Jews to be more loyal to Israel than America, 20% believe that Jews have too much power in the business world, and that more educated people are less likely to hold views akin to antisemitism.

3. Accepting donations and spreading the word

The Anti-Defamation League website offers a page where visitors can “take action.”  On this page, the issues they deem urgent have their own links that bring the user to a page of basic information and instructions to action.  For example, the most recent action against antisemitism is a letter to President Obama.  In the letter, the Anti-Defamation League tells the president that he should focus on avocation of the Arab recognition of Israel.  On the bottom of the page is a form to electronically sign the letter.

The Anti-Defamation League continues to fight against bigotry and promote justice.  Through their efforts fighting against antisemitism, they will continue to provide countless people with resources and information to fight along side them.