Jeff,
Even though we differ, I am delighted that we're having a reasoned debate about this. And I thank you for it. There should be more of this sort of discussion around the watercoolers, shopping malls and internet chat boards of the nation.
Now, you'll have to forgive me. I'm a law school dropout, as I said. And the last time I closed a legal textbook was about 20 years ago.
It's been noted that while we have a good many engineers, teachers, businesspeople, doctors, men of the cloth, and even some rather shapely pilots, we're short on lawyers here at the LPSG.
So, in the land of the legally blind, the half-baked lawyer is king. Sign your disclaimers before reading further. Here's my (very possibly flawed) arguments, m'lud.
It was springtime in Kent...
On the subject of the
average reasonable man test.
Jeffin90620 said:
... a great deal of vehemence has been expended here pointing out that Ann Coulter (being compared to Hitler and all) doesn't think like the average person, so it seems a bit specious to contend that Ann would intend the average person to infer something other than what she said.
Alas, slander is a
tort, not a
crime. That means her intent really doesn't enter into it. If the court judges that
- She spoke of her own free will, and...
- The average reasonable person would have regarded what she said as a denigrating remark, and...
- Clinton had actually suffered real damage to his reputation (A smart lawyer could argue the toss on this one...), and
- (In the USA) it's true...
...then slander is proved. You may be right, she "doesn't think like the average person". But the law does. It thinks like the
average reasonable person. And I'm afraid it would hold Ann to the same standards.
You'll note that in my previous post, I held her to those standards, too, when I judged her sincerity.
The only time when the law is interested in whether you "think like the average person" is when you're pleading insanity.
Jeffin90620 said:
I read the link you provided at the top and she said, "I think that..." every time, which is all the protection she needs. She did not call him a homosexual, but said that she thinks he has homosexual tendencies.
It may afford
some protection, depending on how the court interprets the context. "I think that..." doesn't really defend against anything
per se. Take the following
- I think that you're ugly, Miss Supermodel
- I think that your building is ugly, Mr Architect
- I think butter is fattening
- I think that he was driving unsafely
- I think I heard someone say he pulled the trigger.
- I think I saw him pull the trigger
If, in context, any reasonable person would judge, you were trying to assert the substance of any of those statements as truth, you'd be liable. No matter how many "I thinks..." you qualified them with. The further up the scale you go, the less likely that an "I think" would come to your aid.
I think butter manufacturers have sued for number three, from memory. (Um, er, let me rephrase that, you honour.
I would be surprised if butter manufacturers
hadn't sued for #3.)
Imagine the shoe were on the other foot. Bill Clinton says, "You know, I look at how skinny Ann is, and I have to ask myself if her comments are not explained by the fact that anorexics...well, they have an air of sexual frustration around them, don't they?" Same diff. In fact, Coulter could even try to sue
me for posing this as a plausible example. If her lawyers were that petty...
Jeffin90620 said:
Personally, I disagree with Coulter's link between promiscuity and homosexuality, but I think her opinion has more to do with her being female than right-wing.
Now THAT'S an interesting thought.
Ladies of the board, especially those who lean left: Are gay men promiscuous, or are
all men promiscuous?
What about you gentlemen? Do straight right-of-centre males agree with Ann? Or was Casanova a fag?
More likely, though, as Jack points out, sexual compulsion can have much to do with issues of power, authority, self-esteem, security, and pent-up anger. Both your average gay guy and a certain ex-president of the United States have plenty in common around those topics, lemme tellya.
Good to talk to you, Jeff.