Friday, February 20, 2009

Here is where you can answer Joe's challenge

OK, let's try this out for size instead. 
BESIDES the Paramedics, tell me ALL the lives Salisbury Firefighters have saved from a FIRE here in Salisbury over the past 50 years. 
This should be good! Tell us what kind of structure fire it was too. This way we can ALL look at the MILLIONS of dollars worth of equipment spent in the past 50 years and see what's what.

Joey thinks there has never been any lives saved in a fire in the last 50 years.  I hope he knows the Records well because all 3 generations have saved lives in the last 50 years.  Anyone want to put examples up about can here.  I would like to add auto extractions where those million dollar tools weren't needed. 

Tuesday, February 3, 2009

Public Figure

From lectlaw.com:

PUBLIC FIGURE - A term usually used in the context of libel and defamation actions where the standards of proof are higher if the party claiming defamation is a public figure and therefore has to prove defamatory statements were made with actual malice. Harte-Hanks Communications v. Connaughton (1989) 491 U.S. 657, 666-668.

The "public figure" issue is not cut and dried. To begin with, a fairly high threshold of public activity is necessary to elevate a person to public figure status, Brown v. Kelly Broadcasting Co. (1989) 48 Cal.3d 711, 745, and, as to those who are not pervasively involved in public affairs, they must have
"thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved" to be considered a "limited purpose" public figure. Gertz v. Robert Welch, Inc. (1974) 418 U.S. 323, 345.

A "particularized determination" is required to decide whether a person is a limited purpose public figure, Bruno & Stillman, Inc. v. Globe Newspaper Co. (1st Cir. 1980) 633 F.2d 583, 589, a standard ensuring that reasonable minds may differ on this subject.

Advertisements themselves are not usually sufficient to transform someone into a public figure. Vegod Corp. v. American Broadcasting Companies, Inc. (1979) 25 Cal.3d 763, 770 [a person in the business world advertising his wares does not necessarily become part of an existing public controversy]; Rancho La Costa, Inc. v. Superior Court (1980) 106 Cal.App.3d 646, 661 [advertising is not thrusting oneself into the vortex of a controversy].

From legal-dictionary.thefreedictionary.com:

A description applied in Libel and Slander actions, as well as in those alleging invasion of privacy, to anyone who has gained prominence in the community as a result of his or her name or exploits, whether willingly or unwillingly.

If a plaintiff in a libel or slander action qualifies as a public figure, he or she must show that the libelous or slanderous conduct of the defendant was motivated out of actual malice as required in the case of new york times co. v. sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964).

public figure n. in the law of defamation (libel and slander), a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star, or sports hero. Incorrect harmful statements published about a public figure cannot be the basis of a lawsuit for defamation unless there is proof that the writer or publisher intentionally defamed the person with malice (hate). 

Find more definitions here:

http://www.answers.com/topic/public-figure

Monday, February 2, 2009

The Request from Ruark

For all the unknowing ones like Two Sentz, the email was sent to Joe and me.  I have been communicating via email with him in working on a way to make this work for a long time.  He relied on me to get it to the other anti-albero bloggers, sorry you weren't on my email list since you went to post anonymously on his site.  Didn't he say all of his contributors use their names.  Please stop the bleeding, he has more anonymous posters then true named ones.  How about everyone turn anonymous off and if someone really wants to make a comment they will take the few minutes to set up an account.  Sorry to disappoint you all that it wasn't someone else.  Joe knows who has whose number.  He just can't give up all those false comments that drives his numbers up.  There is word that some of those falsely accused under him since he moderates his comments are lawyering up with a good libel counselor.  I have all the files they need for court on disc since he likes to make posts that get him into hot water disappear.  So when he's ready to get off his high horse and be a man and work for the better of the community not Joe.

How do you enjoy your Turkey on Thanksgiving Day?

How close will the Presidential Election be in Electoral Votes?

If Joe gets advertisers, would you take your business else where because of it?

Who are you voting for in the 1st District? Andy Harris or Frank Kratovil

Has Joe gone to far with the leaked info on the deceased woman found in the Industrial Park?

Is Joe Stalking or In Love with Gary?

Should we back off the verbal attacks on family members unless they are involved with the posting?