I am busy writing my Blogging for a Cure entry, so will have to put this tete-a-tete on hold. But, if my blog entries were as short as BB's, it wouldn't be a problem.
If that is your version of asking for a truce then I accept. But in the future kindly confine your comments to logic and reason and avoid the defamatory annotations.
MD, I keep warning you, and you keep ignoring me. You really need to control yourself.
We can all get away with a lot more than we choose to do — that pretty much defines maturity. Be careful that you do not encourage others to treat you the way you treat them. You would not like the result, legally defensible as it may be.
Much as I would rather put this distasteful diatribe behind me I feel compelled to respond to the issue of whether or not defamation is legally defensible. I only got involved in this nonsense to come to the defense of Mr. Robbie Port who was being maliciously maligned by Madam MD. No matter how you look at it, even from a non-legal standpoint her words are completely reprehensible and cannot be justified.
The fact is I am a retired Litigator and know a little about the law. "Freedom of Speech" is NOT without its restrictions. Without going into a long treatise, Black's Law Dictionary States: "Defamation - Holding up of a person to ridicule, scorn, or contempt. May be criminal as well as civil and includes both Libel and Slander. Defamation is that which tends to injure reputation, to diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite, adverse, derogatory or unpleasant feelings or opinions against him (or her). Statement which exposes person to contempt, hatred, ridicule or obloquy. A communication is defamatory if it tends to harm the reputation of another as to lower him (or her) in the estimation of the community".
Irrespective of case law, (which I am not prepared to go into at this time) I am confident that on the face of it any jury would find Madam MD's comments defamatory and I am putting her on notice that henceforth I will have zero tolerance for any such behavior. I also require an apology and her assurance she will refrain from any such outbursts again.
The day discussing Title VII becomes illegal, I believe I will know that, Phillip Winn. Until then, I wil continue to ignore people who throw hissy fits if anyone tells the truth about discrimination, including you. A Right Wing ninny like Robbie Port can post nonsense until the cows come home, and you don't have a critical word to say about it. But, let me or anyone else say something truthful on the topic and you soil your underpants. So be it. Now, isn't there a John Birch Society meeting you should be attending, or something?
As for BB, if he knew anything about communications law, he would know there is absolutely no way to sue someone for expressing an opinion in a public forum. I recommend he read the elements of of defamation and New York Times v. Sullivan.
(Say, Phil. Did you really think I would be impressed with a pompous know-nothing like him?)
Dear madam MD. If you wish to discuss case law this would not be the proper forum. In that respect I will be more than happy to entertain you perhaps via e-mail or through your lawyer if you wish? Even from a non-legal perspective your outbursts are rude and ignorant and you just don't seem to get the message.
I would argue that Blogcritics is an Internet "Community" and most certainly is within the definition of Defamation. Case law changes like the weather and as the internet is a relatively new medium it would be interesting to test this in the courts. If you are so cock sure of your self-professed expertise in the law then continue as you have let the chips fall where they may. You have been warned. Ignorance of the law is no excuse and this "pompous know-nothing" is retaining a record of your outbursts.
BB, are you utterly clueless? I ask because you obviously don't have a leg to stand on. I am absolutely right in what I have written about discrimination law. Port, as always, hasn't a clue what he is talking about. Furthermore, considering he has referred to me as a 'bitch' and an "asshole," your claims he is being unjusitifiably insulted make no sense. Do you know what MYOB stands for? I suggest you take that advice.
(A repeated post, but BB apparently grasps things very slowly, if at all.)
MD, please look in the mirror before you accuse others of being "clueless". You still don't get it. You have to learn to disagree without resorting to tantrums, name calling and defamatory comments. Didn't your momma teach you anything? Now do you understand?
When did I ever refer to you as a "bitch" or an "asshole?" Never once have I ever done so in any medium, in comments, on my webpage, on Blogcritics or via email.
Please provide proof of the accusation that I said any such thing.
You're starting to make things up now, and its pathetic.
Don't sweat it, guys, it's kind of MD's thing to make shit up out of thin air when she gets flustered. She talks a lot but when it comes down to providing proof, she's about as genuine as her name and the stats on her sitemeter account.
Ok. "Bitch" is a pretty harsh word, "Asshole," not so much. Ass is just a funny word, and still funny when combined with other words.
In my little neck of the woods, Bitch is just about the worst thing you can call a woman. On the level with the C-word.
So, I see MD claiming to have been called a Bitch, and whatever else I may think, I was ready to smite the evildoer. Funny thing though, click over to Rob's place and he has never used that word.
SSDD. Does no one here learn? Am I the only taking crazy pills?
When you first posted your comment accusing me of saying that I emailed back right away saying there was no such post. I meant, of course, that there was no such post using that type of language.
Please point to any post, anywhere, where I have used that type of language to describe you.
The comments are suddenly missing from that entry, Rob. Since I can't control your blog, obviously I did not erase them. Perhaps the entry itself will be edited or erased next. Whatever, I'm done with the topic.
Please refer to this archived copy of the page in question from Google. There is no way I could have modified the "snapshot" taken by Google as it crawled the page.
As of this date and time, Google says that MD is incorrect.
MD, chill out, seriously.
And everybody else, what say you we adopt a policy of ignoring MD's comments? Her posts are often very good, it is usually just in the comment section that she acts oddly. If we ignore the odd comments, at least, then perhaps she'll cut them out.
For those bloggers who are of the mistaken notion that they can hide behind "freedom of speech" as a defense for slander and libel I highly recommend reading this Slashdot Article .
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Article comments
26 - Mac Diva
I am busy writing my Blogging for a Cure entry, so will have to put this tete-a-tete on hold. But, if my blog entries were as short as BB's, it wouldn't be a problem.
27 - BB
If that is your version of asking for a truce then I accept. But in the future kindly confine your comments to logic and reason and avoid the defamatory annotations.
28 - Phillip Winn
MD, I keep warning you, and you keep ignoring me. You really need to control yourself.
We can all get away with a lot more than we choose to do — that pretty much defines maturity. Be careful that you do not encourage others to treat you the way you treat them. You would not like the result, legally defensible as it may be.
29 - BB
Much as I would rather put this distasteful diatribe behind me I feel compelled to respond to the issue of whether or not defamation is legally defensible. I only got involved in this nonsense to come to the defense of Mr. Robbie Port who was being maliciously maligned by Madam MD. No matter how you look at it, even from a non-legal standpoint her words are completely reprehensible and cannot be justified.
The fact is I am a retired Litigator and know a little about the law. "Freedom of Speech" is NOT without its restrictions. Without going into a long treatise, Black's Law Dictionary States: "Defamation - Holding up of a person to ridicule, scorn, or contempt. May be criminal as well as civil and includes both Libel and Slander. Defamation is that which tends to injure reputation, to diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite, adverse, derogatory or unpleasant feelings or opinions against him (or her). Statement which exposes person to contempt, hatred, ridicule or obloquy. A communication is defamatory if it tends to harm the reputation of another as to lower him (or her) in the estimation of the community".
Irrespective of case law, (which I am not prepared to go into at this time) I am confident that on the face of it any jury would find Madam MD's comments defamatory and I am putting her on notice that henceforth I will have zero tolerance for any such behavior. I also require an apology and her assurance she will refrain from any such outbursts again.
30 - Mac Diva
The day discussing Title VII becomes illegal, I believe I will know that, Phillip Winn. Until then, I wil continue to ignore people who throw hissy fits if anyone tells the truth about discrimination, including you. A Right Wing ninny like Robbie Port can post nonsense until the cows come home, and you don't have a critical word to say about it. But, let me or anyone else say something truthful on the topic and you soil your underpants. So be it. Now, isn't there a John Birch Society meeting you should be attending, or something?
31 - Mac Diva
As for BB, if he knew anything about communications law, he would know there is absolutely no way to sue someone for expressing an opinion in a public forum. I recommend he read the elements of of defamation and New York Times v. Sullivan.
(Say, Phil. Did you really think I would be impressed with a pompous know-nothing like him?)
32 - Joe
Well, you seem pretty pleased with yourself and so it would be logical to think that...
Sorry, that question was for Phil.
33 - Chris Arabia
careful BB, she's probably getting ready to accuse you of buying your wife and to slur your wife's ethnicity.
a mere claim that a statement is opinion does not preclude a finding that the statement is defamatory, as BB undoubtedly knows.
she brags about her lack of brevity--that's funny.
34 - BB
Dear madam MD. If you wish to discuss case law this would not be the proper forum. In that respect I will be more than happy to entertain you perhaps via e-mail or through your lawyer if you wish? Even from a non-legal perspective your outbursts are rude and ignorant and you just don't seem to get the message.
I would argue that Blogcritics is an Internet "Community" and most certainly is within the definition of Defamation. Case law changes like the weather and as the internet is a relatively new medium it would be interesting to test this in the courts. If you are so cock sure of your self-professed expertise in the law then continue as you have let the chips fall where they may. You have been warned. Ignorance of the law is no excuse and this "pompous know-nothing" is retaining a record of your outbursts.
35 - Mac Diva
BB, are you utterly clueless? I ask because you obviously don't have a leg to stand on. I am absolutely right in what I have written about discrimination law. Port, as always, hasn't a clue what he is talking about. Furthermore, considering he has referred to me as a 'bitch' and an "asshole," your claims he is being unjusitifiably insulted make no sense. Do you know what MYOB stands for? I suggest you take that advice.
(A repeated post, but BB apparently grasps things very slowly, if at all.)
36 - BB
MD, please look in the mirror before you accuse others of being "clueless". You still don't get it. You have to learn to disagree without resorting to tantrums, name calling and defamatory comments. Didn't your momma teach you anything? Now do you understand?
37 - Rob
Mac,
When did I ever refer to you as a "bitch" or an "asshole?" Never once have I ever done so in any medium, in comments, on my webpage, on Blogcritics or via email.
Please provide proof of the accusation that I said any such thing.
You're starting to make things up now, and its pathetic.
38 - Mac Diva
In the entry you dedicated to castigating me on your blog, Robbie Port. Did you think I didn't know about it?
39 - Rob
Here is a link to the entry I posted about you. I knew full well that you would find it as I linked to your page from it.
Nowhere in it did I use any of the terms you refer to.
Not Making Any Friends
40 - Rob
Upon reviewing my post linked to in my last comment I would like to point out that I did refer to Mac Diva as a "nutcase."
From the performance she's put on in the above comments I'm not sure that such an assertation is wholly inaccurate.
41 - Joe
Don't sweat it, guys, it's kind of MD's thing to make shit up out of thin air when she gets flustered. She talks a lot but when it comes down to providing proof, she's about as genuine as her name and the stats on her sitemeter account.
42 - Chris
Ok. "Bitch" is a pretty harsh word, "Asshole," not so much. Ass is just a funny word, and still funny when combined with other words.
In my little neck of the woods, Bitch is just about the worst thing you can call a woman. On the level with the C-word.
So, I see MD claiming to have been called a Bitch, and whatever else I may think, I was ready to smite the evildoer. Funny thing though, click over to Rob's place and he has never used that word.
SSDD. Does no one here learn? Am I the only taking crazy pills?
43 - Mac Diva
Uh, Rob. You said there was no such post.
44 - Mac Diva
You said there was no such post.
45 - Rob
Mac,
When you first posted your comment accusing me of saying that I emailed back right away saying there was no such post. I meant, of course, that there was no such post using that type of language.
Please point to any post, anywhere, where I have used that type of language to describe you.
46 - Mac Diva
The comments are suddenly missing from that entry, Rob. Since I can't control your blog, obviously I did not erase them. Perhaps the entry itself will be edited or erased next. Whatever, I'm done with the topic.
47 - Rob
Mac,
Please refer to this archived copy of the page in question from Google. There is no way I could have modified the "snapshot" taken by Google as it crawled the page.
You are lying and you know it.
48 - Phillip Winn
As of this date and time, Google says that MD is incorrect.
MD, chill out, seriously.
And everybody else, what say you we adopt a policy of ignoring MD's comments? Her posts are often very good, it is usually just in the comment section that she acts oddly. If we ignore the odd comments, at least, then perhaps she'll cut them out.
49 - legalbeagle
For those bloggers who are of the mistaken notion that they can hide behind "freedom of speech" as a defense for slander and libel I highly recommend reading this Slashdot Article .