The Magistrate
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Fri Apr-23-10 05:54 PM
Response to Reply #88 |
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Under the law in this matter, communication of the claim to even one person by the defendant makes the matter actionable.
What the man found liable for defamation here did is send the 'wanted poster' to several law enforcement agencies and to several chapters of his Minuteman organization.
The plaintiff is a private person, and the standards for public personages, people who are well known and prominent in public life, are very different. It is practically impossible for a political figure to prevail in a libel or defamation case here.
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| - Illegal alien wins defamation case for being called a 'criminal' – set back for 1st Amendment |
The Northerner |
Apr-23-10 03:34 PM |
#0 |
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What do you think about this? |
blm |
Apr-23-10 03:42 PM |
#1 |
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A Proper Verdict, Sir: Hardly a 'Set-Back For The First Amendment' |
The Magistrate |
Apr-23-10 03:45 PM |
#2 |
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If I were to sneak into Mexico, I could not accurately be described there as a criminal? n/t |
lumberjack_jeff |
Apr-23-10 03:51 PM |
#7 |
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My Ignorance Of Mexican Law, Sir, Is Complete |
The Magistrate |
Apr-23-10 03:56 PM |
#10 |
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in mexico, it's a two year felony to enter unlawfully fwiw |
paulsby |
Apr-23-10 05:08 PM |
#65 |
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Thank You For The Fact, Sir, But Of Course It Is Irrelevant To This Discussion |
The Magistrate |
Apr-23-10 05:12 PM |
#68 |
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i agree. but u claimed ignorance on this matter |
paulsby |
Apr-23-10 05:19 PM |
#75 |
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No Problem, Sir |
The Magistrate |
Apr-23-10 05:23 PM |
#79 |
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Of course |
notesdev |
Apr-23-10 04:03 PM |
#16 |
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And What, Sir, Is My Agenda? |
The Magistrate |
Apr-23-10 04:06 PM |
#18 |
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Why don't you tell us? |
notesdev |
Apr-23-10 04:09 PM |
#22 |
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Have You Read The Article, Sir? Poor Tripe As It Is, It Makes What the Verdict Actually Concerned |
The Magistrate |
Apr-23-10 04:12 PM |
#26 |
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I suspect His Honor is a sleeper for the Mexican Government, |
EFerrari |
Apr-23-10 04:13 PM |
#27 |
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ROFLMAO! |
laughingliberal |
Apr-23-10 04:15 PM |
#30 |
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What does the Mexican side of the equation half to do with the price of beans in China? |
MattBaggins |
Apr-23-10 04:20 PM |
#33 |
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NEWSFLASH: the US Constitution & your civil rights end at the border |
WolverineDG |
Apr-23-10 05:02 PM |
#59 |
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Sure and that's why your government is a criminal for sneaking into Mexico |
EFerrari |
Apr-23-10 04:09 PM |
#21 |
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If you had been tried in a court of law and found to be a criminal |
MattBaggins |
Apr-23-10 04:15 PM |
#29 |
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So you think emails should be held to the same standard as TV news? n/t |
lumberjack_jeff |
Apr-23-10 05:38 PM |
#87 |
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Absolutely |
MattBaggins |
Apr-23-10 07:01 PM |
#103 |
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Then DU's days are numbered. n/t |
lumberjack_jeff |
Apr-23-10 07:05 PM |
#104 |
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The 1st amendment doesn't protect defamation. |
HiFructosePronSyrup |
Apr-23-10 03:46 PM |
#3 |
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'set back (sic) for 1st Amendment'? - dramatic! |
Bluebear |
Apr-23-10 03:47 PM |
#4 |
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Their copy editors are utterly hopeless |
anigbrowl |
Apr-23-10 04:32 PM |
#38 |
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I'm not sure what the set back is to the First Amendment |
DefenseLawyer |
Apr-23-10 03:47 PM |
#5 |
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Apparently, Sir, A White Racist was Held To Account In Court By A Brown Person For Lawbreaking |
The Magistrate |
Apr-23-10 03:50 PM |
#6 |
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Well after all, the man just wants his country back. |
DefenseLawyer |
Apr-23-10 03:57 PM |
#11 |
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Do Not Forget Hitler, Sir! He Did Just The Same Thing, Too! |
The Magistrate |
Apr-23-10 04:01 PM |
#14 |
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What else should we be able to call a Mexican? |
county worker |
Apr-23-10 05:34 PM |
#85 |
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Um, I was being facetious |
DefenseLawyer |
Apr-23-10 06:36 PM |
#100 |
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Some People, Sir, Should Not Play Cards For Money.... |
The Magistrate |
Apr-23-10 06:40 PM |
#101 |
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+1000 nt |
laughingliberal |
Apr-23-10 04:06 PM |
#19 |
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i heart you. |
BlooInBloo |
Apr-23-10 07:24 PM |
#106 |
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reinforcement of 1st amendment |
spanone |
Apr-23-10 03:54 PM |
#8 |
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One can certainly hope the law-breaking non-criminal can now |
Obamanaut |
Apr-23-10 03:54 PM |
#9 |
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Umm, since he was here illegally, then by default wouldn't he be a criminal? |
MadHound |
Apr-23-10 03:59 PM |
#12 |
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It is not a crime to be in the country without documentation |
DefenseLawyer |
Apr-23-10 04:02 PM |
#15 |
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Let's see, |
MadHound |
Apr-23-10 04:10 PM |
#23 |
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English...but a very exact and specific form of it. |
anigbrowl |
Apr-23-10 04:46 PM |
#48 |
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I think that you're misreading a lot, including the law |
MadHound |
Apr-23-10 05:26 PM |
#81 |
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In Any Case, Sir, the Defamation Was Not Concerned With Immigration Violations |
The Magistrate |
Apr-23-10 04:05 PM |
#17 |
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Thanks so much for your posts on this thread. |
redqueen |
Apr-23-10 04:12 PM |
#25 |
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The ruling by the judge was because the defendant called the plaintiff a criminal |
MadHound |
Apr-23-10 04:15 PM |
#28 |
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Not So, Sir: He Said the Man Was Wanted For Robbery, Assault, And Battery |
The Magistrate |
Apr-23-10 04:17 PM |
#32 |
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But that is not what the judged ruled on, |
MadHound |
Apr-23-10 04:23 PM |
#34 |
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That, Sir, Is Simply Sloppy Reporting |
The Magistrate |
Apr-23-10 04:28 PM |
#36 |
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Maybe, maybe not, I would like to see the original case record |
MadHound |
Apr-23-10 04:39 PM |
#43 |
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Circulation Of the 'Wanted Poster', Sir, Is What the Case Concerned |
The Magistrate |
Apr-23-10 04:54 PM |
#52 |
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Well, apparently a police department did seek him out, |
MadHound |
Apr-23-10 05:02 PM |
#60 |
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Not Sure Where You Get That, Sir |
The Magistrate |
Apr-23-10 05:06 PM |
#63 |
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Next paragraph down, apparently there was a criminal trial regarding this assault |
MadHound |
Apr-23-10 05:10 PM |
#67 |
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It Does Not Say That Concerned This Assault, Sir |
The Magistrate |
Apr-23-10 05:22 PM |
#77 |
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Hmm, you don't think that a criminal trial in '07 has nothing to do with the Monti assault |
MadHound |
Apr-23-10 05:29 PM |
#82 |
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Clearly, Sir, It Had Nothing To Do With A Charge Of Assaulting Or Robbing Monti |
The Magistrate |
Apr-23-10 05:34 PM |
#86 |
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It does not |
treestar |
Apr-23-10 05:51 PM |
#94 |
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Broadcast? |
lumberjack_jeff |
Apr-23-10 05:40 PM |
#88 |
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Several Points, Sir |
The Magistrate |
Apr-23-10 05:54 PM |
#97 |
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No. He'd be subject to administrative law, not criminal law. |
EFerrari |
Apr-23-10 04:11 PM |
#24 |
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Yet by entering illegally he is still breaking the law, |
MadHound |
Apr-23-10 04:16 PM |
#31 |
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Overstaying a parking meter is against the law |
DefenseLawyer |
Apr-23-10 04:25 PM |
#35 |
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Really? I think you've got it wrong |
MadHound |
Apr-23-10 04:36 PM |
#41 |
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Let me put it another way, when I translated these cases |
EFerrari |
Apr-23-10 04:39 PM |
#44 |
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But there is a criminal penalty |
MadHound |
Apr-23-10 04:44 PM |
#47 |
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you are misreading the article |
anigbrowl |
Apr-23-10 04:56 PM |
#55 |
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No, Sir, He Claims Defamation Because He Was Said To Be Wanted For Robbery And Assault And Battery |
The Magistrate |
Apr-23-10 04:57 PM |
#57 |
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oops - made a mistake |
anigbrowl |
Apr-23-10 05:03 PM |
#61 |
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Umm, being here illegally is a crime |
MadHound |
Apr-23-10 05:04 PM |
#62 |
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No it is not |
anigbrowl |
Apr-23-10 05:10 PM |
#66 |
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But that's not what Mr. Jimenez did |
MadHound |
Apr-23-10 05:13 PM |
#69 |
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I'm not seeing anything about illegal entry there |
anigbrowl |
Apr-23-10 05:20 PM |
#76 |
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So you are opting for which, spontaneous materialization or virgin birth? |
MadHound |
Apr-23-10 05:25 PM |
#80 |
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Damn, why is it so hard for you to admit you were wrong? |
anigbrowl |
Apr-23-10 05:44 PM |
#90 |
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third base.. |
frylock |
Apr-23-10 06:40 PM |
#102 |
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No, illegal *entry* is actually a criminal offense. |
anigbrowl |
Apr-23-10 07:23 PM |
#105 |
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It's a civil offense; it's no more illegal than speeding or running a stop sign |
proud2BlibKansan |
Apr-23-10 07:28 PM |
#107 |
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That is someone who is in the act of entering the country |
DefenseLawyer |
Apr-23-10 04:56 PM |
#54 |
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Umm, more law, read it |
MadHound |
Apr-23-10 05:08 PM |
#64 |
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don't go into the detective business |
anigbrowl |
Apr-23-10 05:16 PM |
#71 |
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Don't go into the lawyer business, |
MadHound |
Apr-23-10 05:17 PM |
#73 |
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I understand it a hell of a lot better than you. |
anigbrowl |
Apr-23-10 05:23 PM |
#78 |
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No, I'm basing it on Mr. Jimenez's own statements in court |
MadHound |
Apr-23-10 05:31 PM |
#83 |
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...which don't say what you think they say. |
anigbrowl |
Apr-23-10 05:53 PM |
#96 |
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You are wrong. |
DefenseLawyer |
Apr-23-10 06:28 PM |
#99 |
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But ignoring the court summons CAN subject you to that |
WolverineDG |
Apr-23-10 04:55 PM |
#53 |
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WRONG |
anigbrowl |
Apr-23-10 04:53 PM |
#51 |
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And by his own testimony, Mr. Jimenez entered illegally |
MadHound |
Apr-23-10 05:15 PM |
#70 |
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his testimony says nothing at all about his entry into the US |
anigbrowl |
Apr-23-10 05:31 PM |
#84 |
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No. There are civil laws, too |
treestar |
Apr-23-10 05:53 PM |
#95 |
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It's a matter of civil law, not criminal law. |
HiFructosePronSyrup |
Apr-23-10 04:36 PM |
#40 |
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Actually it is a matter of criminal law |
MadHound |
Apr-23-10 04:43 PM |
#46 |
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No. That is not a crime, it is an administrative violation. |
anigbrowl |
Apr-23-10 04:39 PM |
#45 |
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But you can be sent to prison for illegally crossing the border |
MadHound |
Apr-23-10 04:48 PM |
#49 |
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That's correct, but is there any proof he did so? No. |
anigbrowl |
Apr-23-10 05:00 PM |
#58 |
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Mr. Jimenez's own words. |
MadHound |
Apr-23-10 05:16 PM |
#72 |
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And? This is the 3rd time. They say NOTHING about how he entered. |
anigbrowl |
Apr-23-10 06:01 PM |
#98 |
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What the hell? |
blogslut |
Apr-23-10 04:00 PM |
#13 |
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Apparently. nt |
laughingliberal |
Apr-23-10 04:08 PM |
#20 |
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It took electing Obama to flush out the racists in the right wing and now the new |
county worker |
Apr-23-10 05:44 PM |
#91 |
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Is it a day ending in "y"? |
Iggo |
Apr-23-10 07:53 PM |
#108 |
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A person is not a criminal unless they've been convicted. |
TexasObserver |
Apr-23-10 04:29 PM |
#37 |
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Much like George Bush, Dick Cheney and OJ Simpson. |
lumberjack_jeff |
Apr-23-10 04:35 PM |
#39 |
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Not at all like any of those three. |
TexasObserver |
Apr-23-10 04:38 PM |
#42 |
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Because writing that George Bush is a war criminal is so totally not defamatory. |
lumberjack_jeff |
Apr-23-10 05:43 PM |
#89 |
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Because he's a public figure, because it's pejorative, because ... |
TexasObserver |
Apr-23-10 05:48 PM |
#92 |
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Actually it's established law |
WolverineDG |
Apr-23-10 04:48 PM |
#50 |
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Thought I was on the wrong website for a second. Then I remembered what DUers are like. |
BlooInBloo |
Apr-23-10 04:56 PM |
#56 |
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wow, examiner does it again |
kgnu_fan |
Apr-23-10 05:17 PM |
#74 |
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Defamation cases are not set backs to the First Amendment |
treestar |
Apr-23-10 05:49 PM |
#93 |
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