No. of Recommendations: 7
As of the designated defendant's in the "Elan 11" suit, I have had the opportunity to examine the "message" (that's right, one message) that is the basis for the charge against me. In it, I did not utter any profanity (I do not use profanity on message boards) and my message was addressed to another specific individual (another of the Elan 11). My "offending" message was couched and framed as an opinion: it did not present any statement of fact (e.g., Joe Blow stole money from the firm), it simply drew a conclusion from "evidence" already known to me. It is possible that some of that evidence, including both allegations of fact and the opinions of other posters) was not accurate and may have been biased.
I have also looked at the messages upon which charges against other "Elan 11" defendants. In another case, poster issued one message consisting of three "factal" statements. The first was a matter of fact that anyone can accept. The second explicitly acknowledged its source as "rumor." The third was a common knowledge generalization. That message ended with poster stating that any conclusions to be drawn are purely hypothetical. For that single message, the poster was charged with defamation and libel.
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