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General discussion

I FINALLY get it...

Nov 28, 2005 10:01AM PST

It isn?t the free speech per se that you?ve misunderstood it is the word ?malice? that you don?t seem to grasp!

A malicious statement is indeed a mean, hurtful statement; BUT in the legal sense such as libel a malicious statement is one that is made for the sole purpose of causing damage. If someone made a false and negative statement where they claimed it was fact for the purpose of discrediting another person or company, THAT would be a libelous statement. Notice that there is intent to harm in a malicious statement. Once again though, if they claim that it is their OPINION that these companies are untrustworthy they would be protected by the good old first amendment. In the law a lay person?s opinion carries no weight. Personal opinions are not even permissible in court! I know it seems like splitting hairs, but the law is in the language and how something is said is often more important that what is being said. Still don?t believe me? Other than the fact that this website hasn?t shut down this debate (actually they started it) just look up ?libel? in a law dictionary - I did.

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