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SemperEadem

(8,053 posts)
59. that has not been established
Thu Feb 16, 2012, 09:37 AM
Feb 2012

which is her mistakenly assumed to be called a "public figure" when she is not. She was not a public figure until rush dragged her into the public sphere. She wasa private business owner who tweeted by invitation by the president to share her story re: the payroll tax cut and how it benefitted her. Aside from the fact, her private information was put out in the public sphere as a result of limpfuck's big mouth.

A fairly high threshold of public activity is necessary to elevate people to public figure status.


One tweet to Obama's timeline does not equate "a fairly high threshold of public activity". lumpfuck decided that she needed to be dragged by her hair into the middle of the ring to be bludgeoned by his minions for daring to respond to an invite to share a story. And notice that he didn't pick a man; he picked a woman who he obviously feels he can intimidate through his reach not only on airwaves but through those select few who feel compelled to be his champion based upon what he says.


Typically, they must either be:

a public figure, either a public official or any other person pervasively involved in public affairs, or
a limited purpose public figure, meaning those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved." A "particularized determination" is required to decide whether a person is a limited purpose public figure, which can be variously interpreted.

Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. This can be also any disparaging statement made by one person about another, which is communicated or published. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).[1]

In common law jurisdictions, slander refers to a malicious, false,[2] and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images.[3] Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike (with) libel, truth is not a defense for invasion of privacy."


Any reasonable person would be offended if their private information was put into the public sphere where their life would be placed in jeopardy by someone who has decided that being a terrorist for rush, engaging in his unhinged jihads was his life's goal. Let's not forget how this all came about: Limbaugh's parade of error began this morning when the Obama Administration urged people to tweet messages about what a $40 payroll tax cut would mean to them. One reply was from a twitter account named Scarebaby: "$40 a month means I can pay my Internet bill and keep my tiny small business alive."

So, those who post here an other forums are now all public figures and can be throttled for the amusement of anyone who decides that they want to start a witch hunt about an opinion one holds and there is no recourse through the law for that? I patently disagree with and reject that premise. I don't think her fight will be hard at all: she doesn't have to prove actual malice, although it's there with bright red flags waving all around it. That would have made her case hard.

Recommendations

0 members have recommended this reply (displayed in chronological order):

I work with her significant other. Phlem Feb 2012 #1
If her business suffers, I hope she can prove it was a result of Rush's lies. nanabugg Feb 2012 #52
Rush lied over and over creeksneakers2 Feb 2012 #2
i'm self employed, i have to pay it all. spanone Feb 2012 #4
That's What I Was Going To Say ProfessorGAC Feb 2012 #39
Absolutely -- self employed pay both parts. n/t pnwmom Feb 2012 #46
Yes catrose Feb 2012 #49
limballs is not only an ignorant, greedy blowhard newspeak Feb 2012 #30
My father was self-employed and HAD to pay for his SS. nt Lost-in-FL Feb 2012 #35
Sue his ass for libel.. Indianademocrat91 Feb 2012 #3
You forgot to call him a pedophile, too! nt valerief Feb 2012 #5
Did you forget your Phlem Feb 2012 #6
Limbaugh vacations in a region known for catering to foreign males who crave young boys.nt ieoeja Feb 2012 #21
uggh Phlem Feb 2012 #33
he was also there to score more oxy. nt Javaman Feb 2012 #38
With chervilant Feb 2012 #43
Totally serious. nt valerief Feb 2012 #45
I agree, she should sue him. sabrina 1 Feb 2012 #42
Oh, c'mon. She a WOMAN. Of course she's not a real person. kestrel91316 Feb 2012 #7
You are much mistaken. JNelson6563 Feb 2012 #16
Only white men who own property. tclambert Feb 2012 #17
And THAT, folks, is how the GOP wants to take America BACK. Zalatix Feb 2012 #50
She needs to sue his ass to kingdom come for kestrel91316 Feb 2012 #8
He has the facts wrong stopwastingmymoney Feb 2012 #9
I'm an accountant and am glad you caught that... WCGreen Feb 2012 #12
Getting the facts wrong is what he does. n/t lumberjack_jeff Feb 2012 #20
He does not have his facts wrong. tsuki Feb 2012 #22
facts? newspeak Feb 2012 #31
and here's a link to show you are right spooky3 Feb 2012 #34
Rush? Apologize for a rude comment? Initech Feb 2012 #10
K&R jsmirman Feb 2012 #11
K&R BumRushDaShow Feb 2012 #13
Self Employment Tax IS Social Security.. Bandit Feb 2012 #14
Did everyone see *this* DU thread? Raine1967 Feb 2012 #15
Are you sure Rush Limbaugh is a real person? tclambert Feb 2012 #18
Limbaugh is a highly paid professional propagandist/LIAR. Mimosa Feb 2012 #19
All of my best to you Holly. K&R myrna minx Feb 2012 #23
Rush Limbaugh is not a real person but he plays one on the radio. yellowcanine Feb 2012 #24
K&R raouldukelives Feb 2012 #25
Anything that helps my employees get by, helps me. byronius Feb 2012 #26
Thanks everyone! oldtime dfl_er Feb 2012 #27
oh and thank you oldtime dfl_er Feb 2012 #28
Holly, barbtries Feb 2012 #29
Question for Holly Great Caesars Ghost Feb 2012 #36
Kicked and recommended. Uncle Joe Feb 2012 #32
Slander suit? Javaman Feb 2012 #37
DU Lawyers! ProfessorGAC Feb 2012 #40
I remember the elements of libel... CoffeeCat Feb 2012 #53
My dear, what he did is called "Slander" SemperEadem Feb 2012 #41
i don't think that's correct. unblock Feb 2012 #44
Actually....scarebaby would only have to prove "falsity" CoffeeCat Feb 2012 #54
my concern is that in this respect i think she did thrust herself into the spotlight unblock Feb 2012 #56
I was not talking about a public forum SemperEadem Feb 2012 #57
i'm just saying it's a very uphill legal battle unblock Feb 2012 #58
that has not been established SemperEadem Feb 2012 #59
what about all the other challenges to building a successful case? unblock Feb 2012 #60
so because it's "challenging" SemperEadem Feb 2012 #62
who said dismissed? unblock Feb 2012 #63
Kick! sarcasmo Feb 2012 #47
K&R Bozita Feb 2012 #48
k&r nt steve2470 Feb 2012 #51
Rash is not an entertainer The Wizard Feb 2012 #55
Chicken Hawks are too weak to apologize Kingofalldems Feb 2012 #61
As an accountant with payroll accounts I can tell you self-employed people do get the deduction... WCGreen Feb 2012 #64
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