5 ms·
You can be sued by private persons for making fun of people in the US It is a pretty lucrative GOTCHA! Edit: and win Here is a guide on the US tort framework
by gammateam 8y ago
You can be sued by private persons for making fun of people in the US
It is a pretty lucrative GOTCHA!
Edit: and win
Here is a guide on the US tort framework for libel and slander
https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html https://www.nolo.com/legal-encyclopedia/defamation-law-made-...
You can also be sued by the state under criminal statutes for defamation and this is constitutionally protected under several circumstances that are broad
https://en.m.wikipedia.org/wiki/United_States_defamation_law https://en.m.wikipedia.org/wiki/United_States_defamation_law
So people have just made up a social contract about the US that doesnt always exist. This is partially because the definitions vary from state to state, and judge to judge within a single state. But you have to also realize that other countries are often structured the same way.
Tl:dr; many people’s experience in the US is one where there is both civil and criminal liability for making fun of someone and it has always been like this. Just like “those other worse” countries, no matter what your childhood indoctrination convinced you of.
- S_A_P 8y agoyou can sue anyone for anything you can convince a lawyer to take a case for. Doesn't mean you can win, and I certainly haven't seen cases where the butt of a joke sued and won. I would definitely be interested in reading about the case that proves me wrong.
- deleted 8y ago[deleted]
- gammateam 8y agoThis is a thread about libel and slander really. Not just being the butt of a joke. I included some links, one on civil tort and one on criminal defamation. The criminal defamation article has links from a variety of states and time periods. edit: yes, just like in Brazil or Canada, there are some circumstances in some states with some judges where both comedy and offending someone can result in civil and criminal penalties, when those circumstances fit the criteria for libel, slander or defamation. the circumstances may be narrower in those United States than those particular countries due to the first amendment, or perhaps they may be broader because I don't know the particulars of those specific countries.
- WillPostForFood 8y agoYou replied to a comment specifically about being the butt if a joke (making fun of Brazilians)
- gammateam 8y agoYes, I did. If that joke satisfies the criteria of libel, slander or defamation then you can face civil or criminal penalties in the United States as well.
- shadofx 8y agoYou "can", however case law in the US is very deeply anti-plaintiff, due to centuries of supreme court justices voting in favor of free speech. A joke would not satisfy the criteria for libel.
- EpicEng 8y agoYou can sue for just about anything. Do you have an example of a case where the plaintiff won?
- gammateam 8y agoNo and I am not invested enough to prove this reality for you. I added some links that could help. Just realize that if this reality is true, then this knowledge is advantageous in maintaining your status and appropriating resources, and the people that already have those things already have this knowledge and take advantage of an unsuspecting population that was raised on a fictional social contract that doesn't really exist.
- SmellyGeekBoy 8y ago> No and I am not invested enough to prove this reality for you. Seems like a cop-out. Extraordinary claims and all that.
- gammateam 8y ago> Seems like a cop-out. Extraordinary claims and all that. Deducing this has almost nothing to do with the specific topic of how your speech can be sanctioned, but only how the court systems function. This isn't one of those situations where it makes sense for me to dig and post tort case law just so people can dissect whichever one I post to either be surprised at how reality works, or find a way to carve an exemption about why it doesn't apply at all. Backing up claims this way is not an effective way to synchronize our realities, and it is sillier to conclude that it is an unfathomable reality simply because I don’t feel the need to don’t carry the responsibility of changing your (or other's) mind in this way. Your response seems like denial to me, as if you need your social contract to be true. So, here is a more effective way of deducing what you need to know: A judge will take libel and slander cases from private persons. Which means the judge didn’t dismiss the claim, and civil cases can result in summary judgements, at the discretion of the judge. A judge will take criminal defamation cases from the state. You can face civil or criminal liability in the United States for offending people, making fun of them in ways that fit the criteria of libel, slander or defamation. This means you have to defend yourself if in this circumstance or face disruptions to your way of life and freedom, in the United States. This isn't an extraordinary claim and I would put the ball in your court to disprove it, because this is just an explanation of how the court system works and has almost nothing to do with whether it damaged your ideals about how speech can create liability.
- wil421 8y agoHere’s a link where someone much more versed than me explains it. It echoes the other responses to your post. [1]https://www.quora.com/Can-a-U-S-President-sue-a-comedian-for-libel-if-they-go-too-far https://www.quora.com/Can-a-U-S-President-sue-a-comedian-for...
- heyyyouu 8y agoYou can be sued by anyone for ANYTHING. That doesn't mean you can win. The statutes you site are extremely hard to win at because of first amendment protections; even at the unlikely outcome that you win a court case (you'll probably lose at summary judgement) you're most likely going to be overturned on appeal, even in the most conservative circuits.