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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-28-10 11:14 PM
Original message
If you say something disparaging to a person or that person's interests or group...
and no one but that person hears you, can that person sue you for slander either for themselves or on behalf of the group with which the person is associated?


Say, for example, that you're in a private, one-on-one meeting with a member of a hyper-litigious religion, and in the course of that meeting you explicitly refer to the religion as a cult.

Are you potentially subject to a slander lawsuit?

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hfojvt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-28-10 11:24 PM
Response to Original message
1. I think you can probably be sued
for using the word 'disparaging'

Dang! Now look what you made me do.
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fishwax Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-28-10 11:35 PM
Response to Original message
2. I suppose they *could* sue, but they would never win.
Defamation has to be public, otherwise there is no possibility of damage.
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pitohui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-10 11:27 AM
Response to Original message
3. NO it can't be slander/libel unless a third party is involved
slander/libel involves harming the person's reputation, reputation by necessity means that someone else has had to form an opinion based on the communication in question

if i say to you, you're an embezzling asshat, you can't sue me and claim it hurt you on the job because the only way your boss heard that you were an embezzling asshat is because YOU spread around the story that i called you an embezzling asshat...

now if i say to your BOSS or co-worker, hey, that guy's an embezzling asshat, NOW i can be sued for slander because i'm the cause of the boss/co-worker hearing something that could damage you on the job

also there's no slander/libel if there's no damage, hurt feelings aren't damage, you have to prove the communication cost somebody money

you can check this w. an attorney but i already did and i'm right

if the person you privately said was a cultist asshat is threatening to sue you, HE'S the one who is doing something that makes him a potential subject of a lawsuit -- he's making a threat, attempting extortion, etc. but even then it's pretty slim unless he's trying to get $ from you with the threat

calling some dude's asshat stupid religion a cult can't be a cause of action for a lawsuit, it's simple freedom of speech, if he don't like it, he can move to russia, as we used to say in the south...
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Dr. Strange Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-10 01:15 PM
Response to Original message
4. Orrex sent me a PM calling me a Teletubby.
There, now it's public. You'll be hearing from my lawyer.
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Lil Missy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-29-10 06:45 PM
Response to Original message
5. Not if they are really a cult. n/t
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