3 ms·

Both of these concepts are specifically defined in law, whereas “lie” is not. You are made of marshmallows! Sue me.

vel0city 2y ago
> You are made of marshmallows! This is defamation, which is also against the law. However, the damages here are incredibly minor, and thus not worth punishing. Most people probably don't believe you. However, if I made a lie about you that caused you to lose your employment and become unhireable, is that also protected speech? You don't have a right to harm others with lies. You don't have a right to lie.
- the_optimist 2y ago
  There is no evidence that being made of marshmallows is damaging to one’s reputation, and thus this would not necessarily be classified as defamatory. The law requires proven damage. The details are tricky.
  - vel0city 2y ago
    > The law requires proven damage I'm aware. That's why I mentioned it. There's no remediation if there's no damages. If I'm made of marshmallows I'm not human and not eligible for health insurance. If my insurer believes your claim which is a reckless disregard for the truth and I'm denied coverage, you're liable. If my wife leaves me because she didn't want to marry a marshmallow and causes massive legal damages and emotional harms you're liable for defamation. It's like you're arguing you have the right to punch. Like, sure, swing your arms wherever. But your right to swing your arms ends at the tip of my nose. You don't have a right to lie about me.
    - the_optimist 2y ago
      You seem to have the concepts logically inverted. Mistruth is necessary for defamation but not sufficient. You are quite certainly allowed to lie, generally. You are even allowed to lie about me, and there is no exemption to the recognition of God-granted freedoms for it in the US. However, there are very specific exceptions. You are not allowed to lie under oath. You are not allowed to defraud. You are not allowed to defame. Those states are each defined separate and apart from “lying,” which is freely permissible.

> You are made of marshmallows! This is defamation, which is also against the law. However, the damages here are incredibly minor, and thus not worth punishing. Most people probably don't believe you. However, if I made a lie about you that caused you to lose your employment and become unhireable, is that also protected speech? You don't have a right to harm others with lies. You don't have a right to lie.

the_optimist 2y ago
There is no evidence that being made of marshmallows is damaging to one’s reputation, and thus this would not necessarily be classified as defamatory. The law requires proven damage. The details are tricky.
- vel0city 2y ago
  > The law requires proven damage I'm aware. That's why I mentioned it. There's no remediation if there's no damages. If I'm made of marshmallows I'm not human and not eligible for health insurance. If my insurer believes your claim which is a reckless disregard for the truth and I'm denied coverage, you're liable. If my wife leaves me because she didn't want to marry a marshmallow and causes massive legal damages and emotional harms you're liable for defamation. It's like you're arguing you have the right to punch. Like, sure, swing your arms wherever. But your right to swing your arms ends at the tip of my nose. You don't have a right to lie about me.
  - the_optimist 2y ago
    You seem to have the concepts logically inverted. Mistruth is necessary for defamation but not sufficient. You are quite certainly allowed to lie, generally. You are even allowed to lie about me, and there is no exemption to the recognition of God-granted freedoms for it in the US. However, there are very specific exceptions. You are not allowed to lie under oath. You are not allowed to defraud. You are not allowed to defame. Those states are each defined separate and apart from “lying,” which is freely permissible.