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In the US, in cases of libel or slander, the truth shall be sufficient defense. In Europe, you may be better off not saying anything defamatory, even if it is

In the US, in cases of libel or slander, the truth shall be sufficient defense. In Europe, you may be better off not saying anything defamatory, even if it is true. Either way, it may be best to couch the story in terms of "I recall that X did Y, and at the time, I felt that it was grossly inappropriate," rather than "X did Y, and is a complete jerk."

dragonwriter 10y ago
> In the US, in cases of libel or slander, the truth shall be sufficient defense. Technically, truth isn't a defense, falsity is an element of the prima facie case for defamation in the US (this may seem pedantic, but its important as regards where the initial burden of proof lies.)
drivingmenuts 10y ago
> In Europe, you may be better off not saying anything defamatory, even if it is true. That makes no damn sense. How could the truth be considered defamatory? It's real, it's fact.
- pc86 10y ago
  It's Europe. From an American mindset, many European laws seem some combination of draconian, incomprehensible, and/or ridiculous. Bring up any discussion surrounding American law and you're sure to see the same sentiment coming the other direction as well. They are two very different legal contexts.
  - logfromblammo 10y ago
    Consider that people in the territories now controlled by the U.S. and Mexico were willing to murder thousands of Europeans in bloody gun battles, in order to escape their governance. And then, when building their own confederation and federation governments, they debated at length on how to avoid the sort of legal foundations that inevitably lead to laws that are draconian, incomprehensible, and/or ridiculous. Unfortunately, history suggests that such laws arise not because the legal foundations are flawed, but because humans are sometimes authoritarian, illogical, or insane, and the laws are little more than the trails left as such people pass through the circles of power. In my opinion, New World laws are only more sensible than Old World laws (on average) because they have spent less time accumulating cruft. But look at how hard the U.S. federal and state legislators work to catch up!

dragonwriter 10y ago

> In the US, in cases of libel or slander, the truth shall be sufficient defense. Technically, truth isn't a defense, falsity is an element of the prima facie case for defamation in the US (this may seem pedantic, but its important as regards where the initial burden of proof lies.)

drivingmenuts 10y ago

> In Europe, you may be better off not saying anything defamatory, even if it is true. That makes no damn sense. How could the truth be considered defamatory? It's real, it's fact.

pc86 10y ago
It's Europe. From an American mindset, many European laws seem some combination of draconian, incomprehensible, and/or ridiculous. Bring up any discussion surrounding American law and you're sure to see the same sentiment coming the other direction as well. They are two very different legal contexts.
- logfromblammo 10y ago
  Consider that people in the territories now controlled by the U.S. and Mexico were willing to murder thousands of Europeans in bloody gun battles, in order to escape their governance. And then, when building their own confederation and federation governments, they debated at length on how to avoid the sort of legal foundations that inevitably lead to laws that are draconian, incomprehensible, and/or ridiculous. Unfortunately, history suggests that such laws arise not because the legal foundations are flawed, but because humans are sometimes authoritarian, illogical, or insane, and the laws are little more than the trails left as such people pass through the circles of power. In my opinion, New World laws are only more sensible than Old World laws (on average) because they have spent less time accumulating cruft. But look at how hard the U.S. federal and state legislators work to catch up!