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Except for there is no law being broken here. If drawing and distributing a picture of someone in a negative fashion were a punishable offense, every political
by s_henry_paulson 14y ago
Except for there is no law being broken here.
If drawing and distributing a picture of someone in a negative fashion were a punishable offense, every political cartoonist in America would have been put on the chopping block long ago.
- scott_s 14y agoThat's rather the poster's point: even if the claims are demonstrably false, it can be an enormous burden and risk to actually demonstrate that.
- bradleyland 14y agoYou nailed it. "Except for there is no law being broken here." Sounds very black & white, doesn't it? The thing is, it doesn't matter. The actual determination of whether or not you've broken the law occurs very late in civil proceedings. A judge doesn't rule on whether or not you've broken the law, a jury does. The judge can only rule that the claim made against you does or doesn't past certain "tests". I can assure you that if a lawyer digs deep enough, he will find some circumstance under which these tests will pass and you will end up sued.
- rprasad 14y agoOddly enough, Carreon is not suing over the picture itself--he is not suing for libel (i.e., a published defamation) or intentional infliction of emotional distress. He is merely claiming that the picture is a motivating factor in suing the Oatmeal guy. Of course, Carreon is representing himself in the matter, and we all know what they say about a lawyer who has himself for a client...
- mitchty 14y agoActually, I've never heard the saying about a lawyer being his own client so I'm somewhat curious. Is it like a Jack Thompson (not sure I spelled the Thompson right) thing?