From: Jim Choate <ravage@einstein.ssz.com>
Date: Fri, 31 Jan 1997 18:01:36 -0800 (PST)
To: cypherpunks@toad.com
Subject: Re: Libel & the 1st Amendment (fwd)
Message-ID: <199702010201.SAA29748@toad.com>
MIME-Version: 1.0
Content-Type: text/plain



Forwarded message:

> Date: Fri, 31 Jan 1997 16:28:56 -0500 (EST)
> From: "Mark M." <markm@voicenet.com>
> 
> Anyone can afford a contingency-free attorney as long as the plaintiff has a
> good chance of being awarded damages.  This has the benefit that the legal
> system doesn't get overcrowded with frivolous cases.

Really? And what if the out come is nothing more than a public statement
in the local newspaper that the original statement was not true and paying
the court costs? I doubt you will find a single attorney who will take the
case because there is no profit for them.

> If the legal concept of libel is abandoned, this presumption will largely
> disappear.  People will have to rely on the credibility of the source, instead
> of whether or not the victim of libel has sued.

Really? And just exactly do you base this assumption on? Historicaly it
would seem that people want to believe the dirty grit about people. If they
didn't they wouldn't make the National Inquirer as successful as it is.

No, in general people don't give a crap about the real truth or falsity of
the statement unless it directly impacts them in some manner. What they are
interested in is entertainment, something the law should not provide.

The real issue is whether a Democracy can exist in an environment where
there is no requirement of honesty and truth from its citizens. I would
contend that it can't since the democratic process itself is representative
of those people and their beliefs.

If you really and truly belive a democratic society can exist with no
recognition of and protection for reputation we will just have to respectfuly
disagree.

                                                 Jim Choate
                                                 CyberTects
                                                 ravage@ssz.com