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  • #16
    Originally posted by s_stabeler View Post
    Truth, after all, is an 100% defense to defamation/slander lawsuits.
    I really hate to burst your bubble, but no it isn't. If something true is published 'with actual malice' it is still defamatory in Massachusetts.

    See Noonan v. Staples

    In that case, Staples sent around a memo to 1500 employees saying that Noonan had been fired for travel policy violations.

    Initially the court found for Staples, but an appeals court reversed it based on two things

    1 - Staples had never sent a memo naming anyone fired for that offence previously.
    2 - The majority of the 1500 people did not travel and did not need to be updated on the policy changes.

    So an internal memo was deemed defamatory, even though it was true (Noonan admitted to pre-populating his travel claims and then not adjusting them with correct amounts)

    The truth is not an absolute defense...

    Edit: Sorry, this was not a US law, but a Massachusetts law. It was a federal court making the decision.
    Last edited by draco664; 08-29-2013, 06:53 AM.

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    • #17
      OK, so in one place in the world, truth isn't an 100% defense. everywhere else in the world, truth IS a defense.

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      • #18
        Originally posted by s_stabeler View Post
        OK, so in one place in the world, truth isn't an 100% defense. everywhere else in the world, truth IS a defense.
        The headline calling it a dangerous decision is not mistaken and it should have been overturned on first appeal.

        The real charge in that case should have been a privacy claim, which likely would have held up through final appeal.

        Unlike the Noonan vs Staples case, which was eventually overturned. So, once more, truth is an absolute defense unless you can prove "actual malice" which is a high bar, as it should be.
        Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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        • #19
          Originally posted by Peppergirl View Post
          Can't quite get with you on the compassion part, but I do tend to use the 'kill 'em with kindness' thing, to the point of occasionally using the tactic of being disgustingly sweet. It serves to irritate them more, and it's viewed by my superiors that I've taken the high road, except I know I haven't really.
          I remember being told when I first started working in retail to smile sweetly and be polite to SCs, cuz they can hardly go up to your manager and bitch, "She kept smiling at me! And she was so polite!" If they did, they'd just look like an idiot, and you're in the clear. XD

          As for "I had a bad day!"... well, I might be having a bad day, but I manage to behave like a grown up, bite my tongue and get on with it. Why can't you? Honestly, some of these people need to be treated like the nasty bratty children they're acting like: ie, to be sat in the naughty corner and made to face the wall til they can act like adults.
          "Oh wow, I can't believe how stupid I used to be and you still are."

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          • #20
            Originally posted by Andara Bledin View Post
            Unlike the Noonan vs Staples case, which was eventually overturned. So, once more, truth is an absolute defense unless you can prove "actual malice" which is a high bar, as it should be.
            As well it should have been. It wasn't libel.

            It was, however, a violation of confidentiality laws. Noonan should fire his lawyer for suing on the wrong statue.
            Good news! Your insurance company says they'll cover you. Unfortunately, they also say it will be with dirt.

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            • #21
              Originally posted by Panacea View Post
              It was, however, a violation of confidentiality laws. Noonan should fire his lawyer for suing on the wrong statue.
              Oh, absolutely. His lawyer was a moron if he thought that was the best case option for that suit.
              Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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