Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Lazzarini, Donald" <>]

-----Original Message-----
From: 

 on behalf of 

Sent: Sat 3/21/2009 9:04 AM
To: 

Subject: SAPC Digest, Vol 1163, Issue 1

To the folks tracking this,

The problem with libel is it can be addressed both criminally and as a tort. 
That means anyone can be sued by an individual, especially a plaintiff with 
extreme financial resources.

I caution against making libelous statements even potential ones. I did not 
attempt to build a case based on the statements made, nor am I interested in 
doing so. I spent 18 years investigating criminal cases the last 8 as a 
senior criminal investigator for a district attorney's office. My first 
concern was for all of us to be careful about how we write things about 
individuals by name.

I again caution writers to research potentially adverse material if it is 
being associated to an individual by name. The truth is a defense to libel. 
There is a basic level of duty owed to others before information is shared in 
a written format with others, especially on a national list serve. The fact 
is one person can sue another for almost anything. Whether the case has merit 
is something that usually isn't determined until substantial attorney's fees 
are paid. These cases are complex and argued before a jury, who may have a 
bias against academics in contrast to celebrity types. Someone with millions 
of dollars can break the bank of an individual with an academic salary in a 
civil law suit without ever reaching a legal decision. If a suit is filed an 
academic institution will likely make a determination if the written document 
was created within the course and scope of the employment agreement. A 
writing could easily be found by an institution to be outside the scope of 
employment (as a matter of policy) or based on inadequate due -diligence, 
placing the burden on the individual to prove it was; placing them in 
opposition to their own institution.

Ben, there are no requirements that a written statement "be quoted" to  meet 
the elements of libel, nor would that function as a defense. Your words are 
probably designed to help everyone feel better but may or may not be good 
advice depending on if what you think, is admissible and legally compelling 
in the event a suit was filed. The legal world is a hard task-master and does 
not "find ignorance of the law an excuse" as a matter of policy. My purpose 
was not to create a training on libel on this list serve. I carefully re-read 
both the original post and the response. If a law suit was filed based on the 
original document hard questions could be asked about the totality of the 
message conveyed in the original. Ironically, the original post, I responded 
to has as part of its message the encouragement for senior members in the 
movement to share their knowledge with less experienced members. As in the 
example provided, knowledge was shared and the group is left to accept or 
ignore it. This is something I have training and experience in. Accept 
it-reject it. Your choice.

 I don't know if any legal input was provided by an attorney or the 
institution in the response, but saying something potentially adverse about 
an individual, when one is not sure of the facts, but the facts could be 
easily retrieved is the kind of things that can get argued in court. I would 
recommend running this kind of written document by institutional council 
prior to posting especially when referencing a media personality. I know an 
attorney for a plaintiff would be very happy to have a hard copy of any 
justifications for why they wrote what they wrote, created by the target of 
their potential law suit. The sort of general caution I made is often 
tactically responded to by saying nothing, or a simple OK. Explaining why one 
did what they did can close down options for a well thought out defense down 
the road.

This information may make individuals uncomfortable, but I am not making any 
of this up. Any of you questioning my concerns are welcome to bounce these 
concepts off legal council. I am not an attorney!!!!!!!!!

I share my concerns which are for all readers and posters. 

Best Wishes to all,

Don Lazzarini
Brotherhood Empowerment Against Rape

 






Today's Topics:

   1. Supporting the "It Happened To Alexa" Foundation
      (Ben Atherton-Zeman)


Thanks for all your thoughts, folks!  Don, in John's defense, I don't think
his comments were libelous since he wasn't sure of the facts and said so on
his post - even said "don't quote me" and things like that.  Thanks for
looking up what happened.  

 

Thanks even more for donating to the Foundation - it's my friend Tory
Bowen's birthday today, and she's requesting folks to donate instead of
giving her a present! 

 

Until the violence stops, Ben.