Person A was posting on an internet forum discussing Person B who has
been the subject of various news stories in the news media .

Person A implied this Person B might be able to make money as a
prostitute, or actually Person A said that he had said that about
Person B in the past, but that he thought she was too unattactive (or
words to that effect) for that, based on having seen her picture in
the news since then (or words to that effect).

Person C then posted in reponse to Person A and quoted the portion of
Person A's post regarding whether Person B might be able to make
money as a prostitute. Person C also linked to an online photo of
Person B from a news story. Person C then posted implying the photo
showed that Person B was indeed not attractive enough to make much
money as a prostitute .

Was what Person A and/or Person C said libel? Could it be considered
as such? Could a lawsuit for libel be initiated based on those
comments?

Thanks



-------------
Randy

On Fri, 21 May 2004 00:00:53 -0500, anon@mylinuxisp.com wrote:
Person A was posting on an internet forum discussing Person B who hasbeen the subject of various news stories in the news media .Person A implied this Person B might be able to make money as aprostitute, or actually Person A said that he had said that aboutPerson B in the past, but that he thought she was too unattactive (orwords to that effect) for that, based on having seen her picture inthe news since then (or words to that effect).

Actually, what Person A said was that instead of in the past, he had
said that instead of pursuing Activity X, Person B could make more
money as a prostitute, but now he thought she was too unattactive (or
words to that effect) for that, based on having seen her picture in
the news since then (or words to that effect).

Person C then posted in reponse to Person A and quoted the portion ofPerson A's post regarding whether Person B might be able to makemoney as a prostitute. Person C also linked to an online photo ofPerson B from a news story. Person C then posted implying the photoshowed that Person B was indeed not attractive enough to make muchmoney as a prostitute .Was what Person A and/or Person C said libel? Could it be consideredas such? Could a lawsuit for libel be initiated based on thosecomments?Thanks-------------Randy



-------------
Randy

On Fri, 21 May 2004 00:05:07 -0500, anon@mylinuxisp.com wrote:
one more correction:
On Fri, 21 May 2004 00:00:53 -0500, anon@mylinuxisp.com wrote:Person A was posting on an internet forum discussing Person B who hasbeen the subject of various news stories in the news media .Person A implied this Person B might be able to make money as aprostitute, or actually Person A said that he had said that aboutPerson B in the past, but that he thought she was too unattactive (orwords to that effect) for that, based on having seen her picture inthe news since then (or words to that effect).


Actually, what Person A said was: in the past, he had
said that, instead of pursuing Activity X, Person B could make more
money as a prostitute, but now he thought she was too unattactive (or
words to that effect) for that, based on having seen her picture in
the news since then (or words to that effect).

Person C then posted in reponse to Person A and quoted the portion ofPerson A's post regarding whether Person B might be able to makemoney as a prostitute. Person C also linked to an online photo ofPerson B from a news story. Person C then posted implying the photoshowed that Person B was indeed not attractive enough to make muchmoney as a prostitute .Was what Person A and/or Person C said libel? Could it be consideredas such? Could a lawsuit for libel be initiated based on thosecomments?Thanks-------------Randy-------------Randy



-------------
Randy

On Fri, 21 May 2004 00:00:53 -0500, anon@mylinuxisp.com in misc.legal,
wrote the following:
Person A was posting on an internet forum discussing Person B who hasbeen the subject of various news stories in the news media .Person A implied this Person B might be able to make money as aprostitute, or actually Person A said that he had said that aboutPerson B in the past, but that he thought she was too unattactive (orwords to that effect) for that, based on having seen her picture inthe news since then (or words to that effect).Person C then posted in reponse to Person A and quoted the portion ofPerson A's post regarding whether Person B might be able to makemoney as a prostitute. Person C also linked to an online photo ofPerson B from a news story. Person C then posted implying the photoshowed that Person B was indeed not attractive enough to make muchmoney as a prostitute .Was what Person A and/or Person C said libel? Could it be consideredas such? Could a lawsuit for libel be initiated based on thosecomments?

See Types of Libel:

http://www.tpub.com/content/photography/14130/css/14130_175.htm

The general rule on such a matter is this:

"If a person is falsely accused of belonging in a category of persons
considered deserving of social approbation, i.e., thief, murderer,
prostitute, etc., it is generally the court's determination as to
whether such accusation is considered slander per se so that damages are
presumed. Inter-State Detective Bureau, Inc. v. Denver Post, Inc., 29
Colo.App. 313 (1971)."

Source: Hayes v. Smith (832 P.2d 1022) (1991).

See also:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=il&vol=79712&invol=1
(Illinois: KIMBERLY BRYSON, Appellant, v. NEWS AMERICA PUBLICATIONS,
INC., et al., Appellees. Opinion filed October 24, 1996.)

If the above persons directly linked the subject to prostitution (and by
linking photo to the comments, they likely have, IMO), and that claim
was false (and since it was a continuing discussion about her "fitness"
as a prostitute, a Court could reasonably hold that the imputation of
prostitution was made), then it is possible for a libel action to
succeed.

In short, it will be up to a Court to consider all sides of that
discussion about the subject, and not just comments about her "looks."
Note that under Milkovich v. Lorain Journal Co., 497
U.S. 1 (1990), arguments that these comments were merely "opinions"
would not necessarily relieve defendants of culpability for libel.


--
Katherine Griffis-Greenberg, J.D.

DISCLAIMER:

Not a practicing attorney, and no attorney-client relationship
is created. This response is for discussion purposes only. It
isn't meant to be legal advice. If you wish legal advice, seek
out an attorney in your own state who is familar with your
state's laws and applications thereof.

<anon@mylinuxisp.com> wrote in message
news:u73ra01k69sqlmpa3oc7o37bpuf0km279o@4ax.com... Person A was posting on an internet forum discussing Person B
who has been the subject of various news stories in the news media . Person A implied this Person B might be able to make money as a prostitute, or actually Person A said that he had said that
about Person B in the past, but that he thought she was too
unattactive (or words to that effect) for that, based on having seen her picture
in the news since then (or words to that effect). Person C then posted in reponse to Person A and quoted the
portion of Person A's post regarding whether Person B might be able to
make money as a prostitute. Person C also linked to an online photo
of Person B from a news story. Person C then posted implying the
photo showed that Person B was indeed not attractive enough to make
much money as a prostitute . Was what Person A and/or Person C said libel? Could it be
considered as such? Could a lawsuit for libel be initiated based on those comments?

Statements of opinion concerning the attractivness of someone are
not libel. In this case, relying on your posts to be accurate
and complete reports of the statements made, there is no
implication that Person B is or was a prostitute. Therefore, no
libel.

McGyver

anon@mylinuxisp.com wrote: Person A was posting on an internet forum discussing Person B who has been the subject of various news stories in the news media . Person A implied this Person B might be able to make money as a prostitute, or actually Person A said that he had said that about Person B in the past, but that he thought she was too unattactive (or words to that effect) for that, based on having seen her picture in the news since then (or words to that effect). Person C then posted in reponse to Person A and quoted the portion of Person A's post regarding whether Person B might be able to make money as a prostitute. Person C also linked to an online photo of Person B from a news story. Person C then posted implying the photo showed that Person B was indeed not attractive enough to make much money as a prostitute . Was what Person A and/or Person C said libel?

No, since truth is always a defense to libel.
Could it be considered as such?

Only by idiots and fools.
Could a lawsuit for libel be initiated based on those comments?

Yes.
Thanks ------------- Randy

--
"The most important thing is for us to find Osama bin Laden. It is our
number one priority and we will not rest until we find him."
~ George Bush Jr. 2001-09-13

"I don't know where he (bin Laden) is. I have no idea and I really
don't care. It's not that important. It's not our priority."
~ George Bush Jr. 2002-03-13

"I was not prepared to shoot my eardrum out with a shotgun in order to
get a deferment. Not was I willing to go to Canada. So I chose to
better myself by learning how to fly airplanes."
~George W. Bush on how he dodged the
Vietnam draft---1994

Katherine Griffis-Greenberg wrote: On Fri, 21 May 2004 00:00:53 -0500, anon@mylinuxisp.com in misc.legal, wrote the following: Person A was posting on an internet forum discussing Person B who has been the subject of various news stories in the news media . Person A implied this Person B might be able to make money as a prostitute, or actually Person A said that he had said that about Person B in the past, but that he thought she was too unattactive (or words to that effect) for that, based on having seen her picture in the news since then (or words to that effect). Person C then posted in reponse to Person A and quoted the portion of Person A's post regarding whether Person B might be able to make money as a prostitute. Person C also linked to an online photo of Person B from a news story. Person C then posted implying the photo showed that Person B was indeed not attractive enough to make much money as a prostitute . Was what Person A and/or Person C said libel? Could it be considered as such? Could a lawsuit for libel be initiated based on those comments? See Types of Libel: http://www.tpub.com/content/photography/14130/css/14130_175.htm The general rule on such a matter is this: "If a person is falsely accused of belonging in a category of persons considered deserving of social approbation, i.e., thief, murderer, prostitute,

Why would being a prostitute deserve social approbation?
It's the worlds oldest profession, and a quite legal legitimate
business, big $$ business, in numerous locations.

Now if someone falsely called someone else a "lawyer" ... or "lawyerlike" ...
then maybe there'd be a strong case for libel and defamation.
etc., it is generally the court's determination as to whether such accusation is considered slander per se so that damages are presumed. Inter-State Detective Bureau, Inc. v. Denver Post, Inc., 29 Colo.App. 313 (1971)." Source: Hayes v. Smith (832 P.2d 1022) (1991). See also: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=il&vol=79712&invol=1 (Illinois: KIMBERLY BRYSON, Appellant, v. NEWS AMERICA PUBLICATIONS, INC., et al., Appellees. Opinion filed October 24, 1996.) If the above persons directly linked the subject to prostitution (and by linking photo to the comments, they likely have, IMO), and that claim was false (and since it was a continuing discussion about her "fitness" as a prostitute, a Court could reasonably hold that the imputation of prostitution was made), then it is possible for a libel action to succeed. In short, it will be up to a Court to consider all sides of that discussion about the subject, and not just comments about her "looks." Note that under Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), arguments that these comments were merely "opinions" would not necessarily relieve defendants of culpability for libel.

--
"The most important thing is for us to find Osama bin Laden. It is our
number one priority and we will not rest until we find him."
~ George Bush Jr. 2001-09-13

"I don't know where he (bin Laden) is. I have no idea and I really
don't care. It's not that important. It's not our priority."
~ George Bush Jr. 2002-03-13

"I was not prepared to shoot my eardrum out with a shotgun in order to
get a deferment. Not was I willing to go to Canada. So I chose to
better myself by learning how to fly airplanes."
~George W. Bush on how he dodged the
Vietnam draft---1994

On Fri, 21 May 2004 00:00:53 -0500, anon@mylinuxisp.com wrote:
Person A was posting on an internet forum

I'm not sure that anything written in an Internet forum could ever be
libel. It's kind of like shouting "theater" in a crowded fire.


*Dan Evans
*Author of the Tax Protester FAQ
*http://evans-legal.com/dan/tpfaq.html