Path: utzoo!attcan!uunet!decwrl!elroy.jpl.nasa.gov!zardoz.cpd.com!dhw68k!felix!asylvain
From: asylvain@felix.UUCP (Alvin "the Chipmunk" Sylvain)
Newsgroups: comp.org.eff.talk
Subject: Re: The nature of libel
Message-ID: <153492@felix.UUCP>
Date: 9 Nov 90 22:28:58 GMT
References: <1990Nov1.175408.4690@uncecs.edu> <18668@rpp386.cactus.org> <5015@ash21.UUCP> <5334@qip.UUCP>
Sender: daemon@felix.UUCP
Reply-To: asylvain@felix.UUCP (Alvin "the Chipmunk" Sylvain)
Organization: FileNet Corp., Costa Mesa, CA
Lines: 35

In article <5334@qip.UUCP> john@qip.UUCP (John Moore) writes:
> In article <5015@ash21.UUCP> weindlin@motcid.UUCP (Mark L. Weindling) writes:
> ] In short, from my recollection, I cannot be sued unless I
> ] intentionally spread known untruths which injured the individual who
> ] brought the suit.  I can say ANYTHING I wish, provided that my intent
> 
> You can be sued for anything!  [...]

This is true ... currently, judges only judge that the suit was drawn
"correctly", that is, it's all good 'n' legal.  They don't (or can't,
not sure which) judge whether or not a suit is frivolous, without
hearing the case.  That is, I don't think it's in their job description
to look at a lawsuit and say it should never have existed to begin with. 
Frivolous suits have as much right to heard as serious ones, even tho
the judge may throw it out *after it gets a hearing*.  (You've already
spent your dough, tho)

>      [...]        As it is now, if someone has enough money, they can
> harrass you for a long time, forcing you to spend a lot of money on legal
> fees, and there is nothing you can do about it.

No, there is nothing *legal* you can do about it!!   >,-)

Seriously, you can counter-sue, and get injunctions and what-have-you
thrown against the party who's harrassing you.  It's this threat (and
the fact that most people don't have "enough money", and the ones who do
have better things to do with it) that prevents most frivolous suits.
Unfortunately, enuff squeak thru that it may be worth modifying the
system somehow.  How, is a whole 'nother topic.
--
asylvain@felix.UUCP (Alvin "the Chipmunk" Sylvain)
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