NationStates Jolt Archive


Esamopian news agency and government sued for defamation

Automagfreek
11-11-2003, 05:30
http://www.nationstates.net/forum/viewtopic.php?t=91427

AMF News Update

Today the government of Automagfreek has decided to collectively sue the Esamopian News and the government of Esamopia for libel. This is a blatent act of government sponsored defamation, plain and simple. Their attempt at a smear campaign of the AMF government will not be taken lightly. Said AMF government lawyer Pete Fransisco. We plan on suing their asses right into Chapter 11.

When asked for a comment, Damien Dreadfire of AMF had only this to say: Not so funny now, eh?

This has been an AMF News update.
Seocc
11-11-2003, 13:47
I'm interested to hear what court you will be suing them in, how you will handle jurisdictional matters, and of course, how you intend to apply your standard of free speech to a company incorporated in another country.

SeOCC offers the services of the International Advocates Office to aid in the dismissal or quick defate of the spurious charges.

Todd Andrews
IAO
SeOCC
Esamopia
11-11-2003, 18:50
Several comments from the Junior Deputy Assistant 12th Undersecretary for Legal Affairs:

1. It is not libel if it is true! Furthermore, as a public official it is almost impossible to prove that a statement against you is libelous and should be punished.
2. Even if you can prove that these are slanderous statements and the like, there is no international court you can cry to in a civil action.
3. No court has jurisdiction over this matter, we have no assets in AMF for you to seize, and any aggression against Esamopia will be met in kind.
4. I found the lollypop and a small piece of gum, if you do not cry, you can have them!
5. This is only further evidence of the contemptible state of leadership in AMF. First the leader announces that he must resign (OOC: Back when you wanted to leave forever,) then this great leader complains worldwide that no one "thanks" AMF for its efforts and is looking for some sort of award. Now, the greatest outrage and failure of dignity, you plan to sue someone (or ENN) in another country for calling you names instead of responding to the claims.
6. So sad... so very pathetic indeed!
7. What now, biatch?!*

*The following statement was not endorsed by the Foreign Office.
Esamopia
11-11-2003, 18:51
Sorry, Double Post!
Seocc
11-11-2003, 19:02
1. It is not libel if it is true! Furthermore, as a public official it is almost impossible to prove that a statement against you is libelous and should be punished.

ooc: a legal note, first amendment law in the states requires the plaintiff show 'actual malice,' which is a reckless disregard for the truth in order to prove libel. reckless disregard is accepted as printed knowingly false information or information that they know for a fact to be unsubstantiated.
Esamopia
11-11-2003, 19:05
1. It is not libel if it is true! Furthermore, as a public official it is almost impossible to prove that a statement against you is libelous and should be punished.

ooc: a legal note, first amendment law in the states requires the plaintiff show 'actual malice,' which is a reckless disregard for the truth in order to prove libel. reckless disregard is accepted as printed knowingly false information or information that they know for a fact to be unsubstantiated.

OOC:
I understand (note that the person posting this is a very, very, very low ranking member of the legal dept.)

Furthermore, please note all the other reasons why this would fail.

W/regards to TM, I will hopefully have some time later today or tomorrow to post some initial "fuss" about the elections and go from there...
Xanthal
11-11-2003, 19:13
The Socialist Empire of Xanthal is strongly opposed to international prosecution. We urge AMF to reconsider their trial.
Thelas
11-11-2003, 19:16
1. It is not libel if it is true! Furthermore, as a public official it is almost impossible to prove that a statement against you is libelous and should be punished.

ooc: a legal note, first amendment law in the states requires the plaintiff show 'actual malice,' which is a reckless disregard for the truth in order to prove libel. reckless disregard is accepted as printed knowingly false information or information that they know for a fact to be unsubstantiated.

The question is wether a "reckless disregard for the truth" was present, and not only do you have to prove that, but you also have to prove damages.

Say I win w discrimination court case, an employer refused me a job because of my race. Now not only do I have to prove that he did it, but that I lost money because of it, if I cannot prove the second claim, I willl get either no award for damages, or a very, very, small one.
Seocc
11-11-2003, 20:47
The question is wether a "reckless disregard for the truth" was present, and not only do you have to prove that, but you also have to prove damages.

indeed, who knew Elves were familiar with First Amendment law?
Steel Butterfly
11-11-2003, 20:56
2. Even if you can prove that these are slanderous statements and the like, there is no international court you can cry to in a civil action.
3. No court has jurisdiction over this matter, we have no assets in AMF for you to seize, and any aggression against Esamopia will be met in kind.


Yeah...well...actually there is... :lol:
Automagfreek
11-11-2003, 21:16
OOC: C'mon guys, it's called a gag, much like the thread Esamopia made about me (unless of course he' an ass and really meant it).

And Esamopia, you can stop with the "AMF keeps crying" shit, mmmkay?
Thelas
11-11-2003, 21:17
The question is wether a "reckless disregard for the truth" was present, and not only do you have to prove that, but you also have to prove damages.

indeed, who knew Elves were familiar with First Amendment law?

*smiles* of course we are, we invnted it.
Steel Butterfly
11-11-2003, 21:18
The question is wether a "reckless disregard for the truth" was present, and not only do you have to prove that, but you also have to prove damages.

indeed, who knew Elves were familiar with First Amendment law?

*smiles* of course we are, we invnted it.

And there you have it :roll:
Seocc
11-11-2003, 21:58
And there you have it :roll:

i hate those smiles but that's my response too. given that elves are a top down, hierarchical feudal society i find it unlikely, nay, impossible they got anywhere near free speech of any acceptable standard.
Laysing
11-11-2003, 22:00
...who knew Elves were familiar with First Amendment law?

*smiles* of course we are, we inv[e]nted it.

And if Rave Shentaro is destroyed, it will incalcuably damage the world.
Esamopia
12-11-2003, 00:17
OOC: I am sorry to see that this post did not come up... I mean to respond a while ago but I guess the forum just ate it or something...

Anyway, I just wanted it made absolutely clear that when I insult AMF that it is being done either against its leader ICly or the whole nation (again ICly.) I never insult anyone OOC and even if I was I would be sure to indicate it as such.

IC: So, AMF is a crybaby! (Meaning of course its leader Dreadfire and only ICly.)