Some Legal Questions

Discussion in 'The Howard Stern Show' started by Dorb, Feb 7, 2015.

  1. Dorb

    Dorb Lovable Old Pig VIP Gold

    Reputations:
    125,046
    Joined:
    Sep 18, 2012
    Messages:
    17,506
    Likes Received:
    18,554
    The way we attack Wiggy and especially Whorsey is it possible for them to sue us?
    And if not individually then sue Dawgshed?
    And Dawg if they wanted to buy out the Shed and close it down, what is the minimum you would take for it?
     
  2. Rupert Pupkin

    Rupert Pupkin That Ass is Attached to Daniela Lopez Gold

    Reputations:
    84,190
    Joined:
    Mar 12, 2012
    Messages:
    8,486
    Likes Received:
    15,941
    SalsMasterShake, joe361 and Dorb like this.
  3. cg256

    cg256 Well-Known Member VIP

    Reputations:
    69,430
    Joined:
    Jul 15, 2013
    Messages:
    4,603
    Likes Received:
    8,848
    What is Libel?
    Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others. Libel generally refers to statements or visual depictions in written or other permanent form, while slander refers to verbal statements and gestures. The term defamation is often used to encompass both libel and slander.

    In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.

    The statement(s) alleged to be defamatory must also have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.

    The statement(s) alleged to be defamatory must also be a false statement of fact. That which is name-calling, hyperbole, or, however characterized, cannot be proven true or false, cannot be the subject of a libel or slander claim.

    The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In most jurisdictions, private individuals must show only that the defendant was negligent: that he failed to act with due care in the situation.

    A defamation claim -- at least one based upon statements about issues that are matters of public interest -- will likely fail if any of these elements are not met.

    http://www.medialaw.org/topics-page/defamation-faqs#What is Libel?
     
    Dorb likes this.
  4. DogStar69

    DogStar69 Well-Known Member

    Reputations:
    -130,754
    Joined:
    Sep 22, 2010
    Messages:
    28,958
    Likes Received:
    15,773
    No, they are public figures and we are just goofing on them.
     
    JameGumb likes this.
  5. Dorb

    Dorb Lovable Old Pig VIP Gold

    Reputations:
    125,046
    Joined:
    Sep 18, 2012
    Messages:
    17,506
    Likes Received:
    18,554
    Yes but we get pretty viscious sometimes.
     
    monsoon and Rescued Owl like this.
  6. Javaforgotme

    Javaforgotme Well-Known Member Banned User

    Reputations:
    30,103
    Joined:
    Jul 20, 2013
    Messages:
    2,904
    Likes Received:
    6,277
    Anyone can file a lawsuit. Stern can afford the lawyers. But he wouldn't win, he'd get bad press and open himself up to a counter suit. As others have said, he's a public figure and he was once a champion of free speech
     
    Samurai, AuntDolly, JameGumb and 2 others like this.
  7. babybear

    babybear r.i.p 8/3/15, Wherewolf of AZ VIP

    Reputations:
    159,011
    Joined:
    Dec 15, 2011
    Messages:
    19,239
    Likes Received:
    16,747
    Mutt could have sold his site SFN for $ 1 million.
     
  8. SternsEgo

    SternsEgo Well-Known Member

    Reputations:
    19,894
    Joined:
    Oct 17, 2012
    Messages:
    3,242
    Likes Received:
    4,524
    Doubt it. I'm sure Dawg and the site is protected by freedom of speech, and the fact the wiggy is a public figure. If you could sue and win over someone talking about you over the web, then tmz, youtube, google, etc would've been sued into the stone ages. Also the wig made a living making fun of other public figures and random people in the news. Highly doubtful that would hold up in court.
     
    smichal, JameGumb and PelicanWig like this.
  9. Angry Arab

    Angry Arab Well-Known Member VIP

    Reputations:
    15,113
    Joined:
    Sep 15, 2014
    Messages:
    2,289
    Likes Received:
    2,887
    With the way this country is going...give it a couple years...:rolleyes:

    With regard to Dawg, I'd think $500,000 would be enough to sell the shed and create dawgpark.com
     
    SternsEgo likes this.
  10. JesusTwinsBiggestFan

    JesusTwinsBiggestFan Well-Known Member

    Reputations:
    21,886
    Joined:
    Jan 14, 2015
    Messages:
    2,034
    Likes Received:
    4,337
    howard would have to prove what is said is a lie, i doubt he wants to go down that road
     
    markluke, SternsEgo and PelicanWig like this.
  11. joe361

    joe361 Well-Known Member

    Reputations:
    195,523
    Joined:
    Jan 4, 2012
    Messages:
    4,608
    Likes Received:
    4,218
    Rupert Pupkin and PelicanWig like this.
  12. Robert Higgins

    Robert Higgins Well-Known Member VIP

    Reputations:
    86,762
    Joined:
    Jan 15, 2012
    Messages:
    13,177
    Likes Received:
    20,287
    Beth would need to prove in court that she's not a malignant cunt.

    Wouldn't be possible
     
  13. BethSucks

    BethSucks Well-Known Member Staff Member

    Reputations:
    422,948
    Joined:
    Jan 15, 2012
    Messages:
    23,900
    Likes Received:
    46,380
    The site isn't responsible for the opinions expressed here, we can't read every post and we make a reasonable effort to make sure nothing illegal is posted. If Stern was to sue an individual that person could request all sorts of private info to prepare his case, no way Stern would ever want to get involved with that.
     
    JameGumb likes this.
  14. chapped

    chapped Well-Known Member

    Reputations:
    384,616
    Joined:
    Jan 6, 2012
    Messages:
    55,632
    Likes Received:
    61,906
    :lol:
     
  15. Dorb

    Dorb Lovable Old Pig VIP Gold

    Reputations:
    125,046
    Joined:
    Sep 18, 2012
    Messages:
    17,506
    Likes Received:
    18,554
    I should have put on the stipulation that no other stern related sites could be opened by Dawg.
     
    Angry Arab likes this.
  16. DogStar69

    DogStar69 Well-Known Member

    Reputations:
    -130,754
    Joined:
    Sep 22, 2010
    Messages:
    28,958
    Likes Received:
    15,773
    It doesn't matter how vicious you get, as long as you don't damage Stern's reputation, which he already damaged beyond repair as far as his former fans go.
     
    JameGumb likes this.
  17. Rescued Owl

    Rescued Owl VIP Extreme Gold

    Reputations:
    161,111
    Joined:
    Jan 14, 2014
    Messages:
    7,955
    Likes Received:
    23,404
    Don't worry about it. Dawg has a judge in his pocket that Wiggy is scared shitless of.
    [​IMG]
     
  18. JameGumb

    JameGumb We're all out of toner!

    Reputations:
    227,766
    Joined:
    Dec 29, 2013
    Messages:
    35,550
    Likes Received:
    26,834
    He's a public person. It's a whole different ball game when you Publicly put yourself and your shit out there. Besides Wiggys career and late fortune was built on a foundation of slandering people. He knows how this works.
     
  19. ScottBaiosPenis

    ScottBaiosPenis Well-Known Member

    Reputations:
    76,918
    Joined:
    May 26, 2013
    Messages:
    8,964
    Likes Received:
    15,447
    "Sue everyone!" - Sol Rosenberg
     
  20. JameGumb

    JameGumb We're all out of toner!

    Reputations:
    227,766
    Joined:
    Dec 29, 2013
    Messages:
    35,550
    Likes Received:
    26,834
    Seriously though. If you want to know about someone that could have been sued for Slander, listen to any Howard Stern show.