Some Legal Questions

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

  1. Dorb

    Dorb Lovable Old Pig VIP Gold

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    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

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  3. cg256

    cg256 Well-Known Member VIP

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    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?
     
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  4. DogStar69

    DogStar69 Well-Known Member

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    No, they are public figures and we are just goofing on them.
     
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  5. Dorb

    Dorb Lovable Old Pig VIP Gold

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    Yes but we get pretty viscious sometimes.
     
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  6. Javaforgotme

    Javaforgotme Well-Known Member Banned User

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    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
     
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  7. babybear

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

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    Mutt could have sold his site SFN for $ 1 million.
     
  8. SternsEgo

    SternsEgo Well-Known Member

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    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.
     
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  9. Angry Arab

    Angry Arab Well-Known Member VIP

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    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
     
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  10. JesusTwinsBiggestFan

    JesusTwinsBiggestFan Well-Known Member

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    howard would have to prove what is said is a lie, i doubt he wants to go down that road
     
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  11. joe361

    joe361 Well-Known Member Banned User

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  12. Robert Higgins

    Robert Higgins Well-Known Member VIP

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    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

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    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.
     
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  14. chapped

    chapped Well-Known Member

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    :lol:
     
  15. Dorb

    Dorb Lovable Old Pig VIP Gold

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    I should have put on the stipulation that no other stern related sites could be opened by Dawg.
     
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  16. DogStar69

    DogStar69 Well-Known Member

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    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.
     
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  17. Rescued Owl

    Rescued Owl VIP Extreme Gold

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    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!

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    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

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    "Sue everyone!" - Sol Rosenberg
     
  20. JameGumb

    JameGumb We're all out of toner!

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    Seriously though. If you want to know about someone that could have been sued for Slander, listen to any Howard Stern show.