Truth Is Not a Defense
I am not really that interested in the underlying story about Orlando police chief Val Demings (the examples of screw-ups are pretty mild as police malfeasance go). But Demmings has gone the extra mile of threatening to sue a blogger who is critical of her. My general policy in such a case is to give the blogger lots of free links. Nothing better limits this kind of stupid attempts at censorship than having them backfire into national attention. The money quote comes from Demings attorney, who says, "Truth is not always a defense."
Jens Fiederer:
OK, we'll count that as your good deed for the day.
I'm a fan of free speech in general, but especially of TRUE free speech.
April 28, 2009, 8:56 amLakeHavasuSpringbreak:
Totally agree with you!
April 28, 2009, 9:08 amMJ:
Looks like "Easy" might be cited for contempt of cop. "Truth is not always a defense". Give me a break. Only a lawyer could bend logic that far.
April 28, 2009, 9:27 amjoshv:
“Truth is not always a defense.†??? - Against a libel or defamation claim it certainly is.
April 28, 2009, 10:52 amAnother guy named Dan:
Florida has a "false-light" cause of action for defamation. For instance, if you printed that $Politician was accused of beating his ex-wife, without also including the fact that no charges were filed because he was in another city at the time of the alleged incident, you can be held liable, even if what you printed was technically true.
The standard, as I understand it is that the plaintiff has to show that the defendant knew, or should have known all of the facts, and acted maliciously in publishing the incomplete account.
April 28, 2009, 11:36 amLasVegasSunCasinoHotel:
I share your opinion.
April 28, 2009, 1:02 pmAGuyInChicago:
Sorry "Another guy named Dan" per Jews for Jesus v. Rapp Florida no longer has a “false-light†cause of action for defamation. See http://randazza.files.wordpress.com/2008/10/rapp-v-jews-for-jesus.pdf
May 6, 2009, 9:06 pm