[news.admin] JEDR, Templeton, and the law

sethg@athena.mit.edu (Seth Gordon) (12/10/88)

nyssa@terminus.UUCP (The Prime Minister) in <13734@terminus.UUCP>:
`Well, if Brad can read this, according to my understanding of the
`laws down here, you will win a law suit for libel and defamation of
`character.

What *is* your understanding of the laws down here?  In order to win a
libel case, you have to prove the libeler made a *false* *and*
*damaging* statement about the libelee.  Sure, what JEDR has done might
have damaged Templeton's reputation, but was any of it *false*?

(If discussion of this continues, and I have time, I can dig up the AP
libel manual and look up the technical legal definition.)

Besides, a libel suit would cost JEDR a lot of money and time, even if
he won the suit.  To impose such a penalty on him, only for posting some
articles and talking to some reporters, sounds like... censorship.
Amusing, eh?

Also, according to my understanding of the laws up there, distributing
racist humor, as rec.humor.funny did, is *illegal* in Canada; a recent
K-W Record article quoted a member of the Canadian Human Rights
Commission as verifying this.

-- 
"Some people get results, I get consequences." --Jimmy Durante
: bloom-beacon!athena.mit.edu!sethg / standard disclaimer
: Seth Gordon / MIT Brnch., PO Box 53, Cambridge, MA 02139

allen@sulaco.Sigma.COM (Allen Gwinn) (12/10/88)

In article <8386@bloom-beacon.MIT.EDU> sethg@athena.mit.edu (Seth Gordon) writes:

>Besides, a libel suit would cost JEDR a lot of money and time, even if
>he won the suit.  To impose such a penalty on him, only for posting some
>articles and talking to some reporters, sounds like... censorship.
              ^^^^^^^^^^^^^^^^^^^^^^^^^                 ^^^^^^^^^^
Gee, that knife sure seems to cut both ways, doesn't it!

>Amusing, eh?

Sure is...

-- 
Allen Gwinn  ...sulaco!allen             Disclaimer: The opinions are my own
"I occasionally have exchanged [racist] jokes in private company, but never
 [in earshot of a reporter]"--Luisa D'Amato, Byline Editor for the Kitchener-
 Waterloo Record (reporter who wrote story critical of Brad Templeton).

jpdres10@usl-pc.usl.edu (Green Eric Lee) (12/11/88)

In message <8386@bloom-beacon.MIT.EDU>, sethg@athena.mit.edu (Seth Gordon) says:
>nyssa@terminus.UUCP (The Prime Minister) in <13734@terminus.UUCP>:
>What *is* your understanding of the laws down here?  In order to win a
>libel case, you have to prove the libeler made a *false* *and*
>*damaging* statement about the libelee.  Sure, what JEDR has done might
>have damaged Templeton's reputation, but was any of it *false*?

>Also, according to my understanding of the laws up there, distributing
>racist humor, as rec.humor.funny did, is *illegal* in Canada; a recent
>K-W Record article quoted a member of the Canadian Human Rights
>Commission as verifying this.

Sort of reminds me of a radio show Harlan Ellison did some years back.
After cracking several Jewish jokes, a caller called accusing him of
being a racist. "Hey," he said, "some of my best friends are Jews!
Like my mother, my father, me..."

Isaac Asimov is another author who has a large repertoire of Jewish
jokes. Again, some of his best friends.... mother, father, him... etc.

Where Brad was libeled was when someone said that the Jewish joke he
posted was racist. Unfortunately, while it would be difficult to
impossible to prove that it was racist, it is also difficult to prove
that it is NOT racist, which is what he'd have to prove in a libel
suit. (how do you PROVE something is racist? Just the mentioning of an
ethnic name and a quality commonly associated with that name? Like
"Isaac Asimov is a Jew. Isaac Asimov is rich" is racist?).

--
Eric Lee Green                            P.O. Box 92191, Lafayette, LA 70509
     {ames,mit-eddie,osu-cis,...}!killer!elg, killer!usl!elg, etc.

dave@lsuc.uucp (David Sherman) (12/14/88)

sethg@athena.mit.edu (Seth Gordon) writes:
>Also, according to my understanding of the laws up there, distributing
>racist humor, as rec.humor.funny did, is *illegal* in Canada; a recent
>K-W Record article quoted a member of the Canadian Human Rights
>Commission as verifying this.

Don't believe everything you read in the papers.  I doubt the
person quoted subscribes to Usenet.

Wilfully spreading false news that is likely to cause injury
to the public interest is illegal in Canada (Criminal Code, s.177).
Ernst Zundel was convicted under that provision.  Promoting
hatred against an identifiable group is also illegal (Criminal
Code, s.281.2).  James Keegstra was convicted under that provision.
(Both cases may still end up at the Supreme Court of Canada.)

As a committed and outspoken member of the Jewish community
and as a lawyer, I followed the Zundel and Keegstra cases fairly
keenly.  Readers of soc.culture.jewish and misc.legal will recall
my strong defense of those convictions: despite the U.S. concept
of free speech over all other concerns, I support the Canadian
courts' balancing approach.

My opinion is, however, that the jokes Brad posted to
rec.humor.funny were not such as would constitute anything
approaching a violation of either s.177 or s.281.2 or the
Criminal Code.  Zundel and Keegstra are extreme cases.
Suggesting that Brad is in the same category is nonsense.

I speak for myself, as a lawyer and a Jew, but not on behalf
of the Law Society.

David Sherman
The Law Society of Upper Canada
Toronto
-- 
Moderator, mail.yiddish
{ uunet!attcan  att  pyramid!utai  utzoo } !lsuc!dave

bill@twwells.uucp (T. William Wells) (12/15/88)

In article <8386@bloom-beacon.MIT.EDU> sethg@athena.mit.edu (Seth Gordon) writes:
: Besides, a libel suit would cost JEDR a lot of money and time, even if
: he won the suit.  To impose such a penalty on him, only for posting some
: articles and talking to some reporters, sounds like... censorship.
: Amusing, eh?

No, not amusing.  Merely irrelevant.

Consider the consequences of prohibiting suing a person for libel:
the lack of remedy when one is libeled.  The alternative is that some
people will be put to the trouble of defending themselves against
suits, even if not at fault.

Though that latter might be a kind of censorship, the former is far
worse, eh?

---
Bill
{uunet|novavax}!proxftl!twwells!bill