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View Diary: Reporters: Most Supreme Court justices view Massachusetts' abortion clinic buffer zones skeptically (302 comments)

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  •  You can't sue somebody (3+ / 0-)
    Recommended by:
    Pi Li, Justanothernyer, VClib

    for insulting you while you are both on a public sidewalk.  

    And a person is talking to you and YOU escalate it to a public disturbance because you don't like what they are saying, YOU will be arrested.  

    •  YOU being an attorney know you can sue (3+ / 0-)
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      Old Sailor, lyvwyr101, Tonedevil

      anybody.Defamation of character comes to mind.   Winning is another matter but YOU can sue anyone...
      sorry I wouldn't hire you to represent me in any matter I can think of and for the record...I have never sued anyone for money but every suit I brought  in other matters.. I won.

      We the People have to make a difference and the Change.....Just do it ! Be part of helping us build a veteran community online. United Veterans of America

      by Vetwife on Thu Jan 16, 2014 at 03:46:02 AM PST

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      •  When I said you couldn't sue (1+ / 0-)
        Recommended by:
        VClib

        I meant you couldn't likely couldn't bring a legitimate claim.  If the claim is deemed frivolous -- as something like that may well be -- you would have to pay the attorney's fees of the party you sued as the sanction for bringing a frivolous claim.

        Even under laws like Defamation of Character, you can only sue if the person said something objectively provable as false and factually incorrect.  "I think you are a slut" is not actionable. Even "you are a slut" is probably not actionable, because "slut" is a opinion -- it's not an objectively defined term.  Things like "you are a convicted felon" might be defamation of character if (1) it's demonstrably untrue -- i.e., you can prove you have never been convicted of a felony; and (2)  it's also published in a way that violates defamation laws.

        But things that these people say -- like "you're killing your baby" or "you're sinning" or "we are praying you see how wrong you are" can not possibly be defamation of character because they are all opinion-based.  

        •  Will I be... (3+ / 0-)
          Recommended by:
          Old Sailor, lyvwyr101, Vetwife

          in the clear legally when I get in their face and scream "your mother sucks clocks in hell"? Can I be close enough as I yell that they can feel my breath in their face?

          This makes about as much sense as Mike Huckabee on mescaline. - Prodigal 2-6-2008

          by Tonedevil on Thu Jan 16, 2014 at 10:02:06 AM PST

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          •  Tonedevil - if it's true (2+ / 0-)
            Recommended by:
            Pi Li, Tonedevil

            Truth is always a viable defense. However, I wouldn't make your statements about someone's parents. Keep the subject to the person you are talking to and keep it to opinions, unless they are facts you can prove.

            "let's talk about that"

            by VClib on Thu Jan 16, 2014 at 12:10:18 PM PST

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            •  I don't see how... (3+ / 0-)
              Recommended by:
              lyvwyr101, Vetwife, Old Sailor

              "your mother sucks cocks in hell" is a provable or disprovable statement any more than "you are going to hell for getting an abortion". Understand my only concern is the legality so I am strongly questioning if making a statement involving parents in the way I have described has any bearing on that.
              I feel that "you are going to hell for getting an abortion" and "your mother sucks cocks in hell" are statements likely to incite physical retaliation and the person using them bears some responsibility for the resulting mayhem.  

              This makes about as much sense as Mike Huckabee on mescaline. - Prodigal 2-6-2008

              by Tonedevil on Thu Jan 16, 2014 at 12:55:00 PM PST

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        •  Hmmmm... Someone tells me You are a whore (0+ / 0-)

          and going to burn in Hell.... I would say PROVE IT.
          Burden of proof lies where?   If it would be me... then I could prove I was NOT a whore and according to their own belief they would have to back up on judging. Frivolous lawsuit or not.

          We the People have to make a difference and the Change.....Just do it ! Be part of helping us build a veteran community online. United Veterans of America

          by Vetwife on Thu Jan 16, 2014 at 03:30:29 PM PST

          [ Parent ]

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