Tuesday, December 11, 2018

Free Speech or Defamation

How far does free speech go, a lawsuit was recently filed as a civil action complaint against several individuals who have also been outspoken about the dealings and going on in the Lakewood township government. The suit  claims about falsely accusing a vendor in conspiring with local government officials to obtain business. 





The umbrella term "defamation" includes both libel and slander. Defamation is a statement that may harm someone's reputation. If it is written down, it's called "libel" whereas if it's spoken, it's called "slander."

Defamation law attempts to balance the freedom of speech and open exchange of ideas without giving someone permission to run around spreading lies about another that may harm his or her reputation, ability to earn a living, etc. Note that the expression of an opinion can never be actionable as defamation; statements must be presented as fact to be considered defamation. 

Although defamation laws vary by state, generally a plaintiff must show that the statement was unprivileged and published (either spoken to someone else or printed), false, and injurious (harmful in some way to the plaintiff, usually to the reputation, but also may be mental anguish depending on jurisdiction). 

Public officials and figures have less protection under defamation laws, though, which means that in order for them to prove a defamation claim, they must also show that the speaker acted with "actual malice." 

For example, spreading false rumors that someone has a sexually transmitted disease could be considered defamation, although the defamation would be much harder to prove if that person was a celebrity because it would have to be shown that the speaker was acting maliciously. This is why there are so few celebrity lawsuits against tabloids.

19 comments:

  1. i think the public shd be aware of whats going on around them. And thanx to whoever is trying to inform us. Anyone who is embarrassed of what they are doing, should maybe stop doing those things.

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  2. !Did he get a heter to sue in court?

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    1. He is claiming he got a heter from some rov in monsey. Not sure how a rov can give such a heter without calling me or any of the others. If what he wanted was removal of my innocuous comment, I would have happily complied simply because indon to have time or any interest in being involved in hurting him. But I never got a complaint or phone call. He was called to a beis din 3 times and has ignored me.

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  3. After 8 years of being involved in local politics during elections, I felt exceptionally calm the day after the voting in November. I had decided not to waste my time endorsing or opposing anyone. While the VAAD does not have the grip on the entire community they once had, the numbers of party voters,combined with VAAD influence , usually tips a local candidate in their favor. I actually wrote a comment on hefkervelt, that maybe we should just give up and hope for the best and pray that our two committeemen will turn away from the error of their ways, and do what is right from now on.

    Imagine my shock the morning after the election, when I get handed a lawsuit and I am one of the named parties. The person suing me was someone that I never met, nor had any interaction with. I didnt even know his first name, or the name of his supposed map business. I only knew what I had read regarding his involvement in township dealings on local blogs. My level of concern in any matters involving him did not go past an occasional comment on this website when an issue arose. I only mentioned him by his last name once in regards to the effect that his actions will have on the taxpayers of Lakewood. I never accused him of any criminal activity or anything that I did not understand to be common knowledge in town. So what could he possibly be suing me for?

    After reading the lawsuit I was in complete shock. It seems that this individual believed that I , along with the other people named in the lawsuit, have conspired to destroy him and his business. While I should simply laugh at the ridiculous assumption of this lawsuit, I was doubly upset , because I am rarely involved in any local issues regarding the town. I dont do opra requests or try to find what local politicians or vendors are doing wrong. I dont try to get anyone in trouble. While I have spoken up in the past at master plan meetings, I never opposed anyones project on a property that they owned. No matter how much i personally may feel that what someone is building is bad for the town, nobody can say they ever saw me at a meeting opposing their project.

    While I know the other defendants, I had not spoken to any of them in months. Prior to that our interactions were very brief and this person suing us was never part of the discussions. Joyce Blay wrote an article about his dealings with the township. She provided evidence to all her claims in the article. Inqas truly shocked by what I had read. Another case involving this person was on hefkervelt regarding a disputed property. i wrote 3 comments, 2 of which were general statements regarding our committeemen and the other which was to the best of my knowledge a well known fact based on what I had read and heard from lawyers and even Aaron Kotler.

    So now I am being accused of conspiring to destroy this person. Besides the fact that the individual never called me to tell me what I wrote was wrong and went to civil court instead of a beis din. Besides the fact that I feel that he is committing an act of libel on me. I just dont understand the reason for such a lawsuit. The other people named have been quiet regarding township corruption for quite a long time. Take back Lakewood was quiet. I gave up long ago speaking out about local issues.

    The only thing this lawsuit accomplished was to open up a can of worms. I know that I am not at all involved with hefkervelt or Jleaks or any other website they are accusing me of running. I know that I never went to authorities or conspired to get anyone in trouble. Can they honestly say that their hands are clean of any corruption? Because that is now the discussion.
    Continued

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  4. As far as my comments, there is a little something called freedom of speech. I take pride in the fact that I put my name to my comments. If I am ashamed to write something, I dont.
    I consider this lawsuit an act of libel against me. It seems that the people that are doing things that hurt our residents and taxpayers, think that I am busy with them. I have been accused by developers and builders for whatever problems they may have encountered in their sordid past. Nothing could be further from the truth. I dont even know these peoples names. As the old Yiddish adage goes. On the thief, his hat is on fire.
    All these years, my main concern was to focus on doing the right things, not to get people in trouble.
    I had hoped by now we would have cleaned up our downtown. Promoted responsible low income housing for our residents while slowing the building until our infrastructure is built up. Focus on the safety and well being of our residents. Create businesses that dont hurt already established local ones. Lowered out property tax with commercial ratables that actually pay taxes. Basically i had hoped we would find the problems we have and fix them. I never tried to get anyone in trouble at any point. Therefore I consider this lawsuit an act of pure libel and will do what is necessary to defend myself.

    As far as what this lawsuit caused? All of the people that know how to investigate what goes on in the township have been energized by this. They have been finding out things about township committee members and all their friends and special favors. I am truly shocked at all the brazen corruption that people are uncovering.
    I would like to thank all the people that know how to uncover the sordid deeds of our trusted representatives and their friends. While I personally was not involved in any of your advocacy, I now need to benefit from it.
    As they say, sunlight is the best dissenfectant. Well we now have global warming.

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  5. This is an outrage why... wanna open up this can of worms!?!?!? Once subpoenas go out many men AND woman will be called up to the stand. And all kind of embarrassing revelations will be on public display. ועט זיין ליהודים

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  6. Very often lawsuits are not filed with the intent of actually going to court. More than 90% of civil lawsuits ever reach trial. There are likely a number of reasons for this, but being that the number that actually reach trial is so low, one can rightfully assume that those who file law suits don't intend for it to reach trial.

    The fact is to take a lawsuit to trial is extremely expensive for both parties involved. Costs can reach over 6 figures before it even reaches trial. It is also a fact, that in the U.S., anyone can file a lawsuit against anyone else. There is no evidence necessary to file a lawsuit. As a result,can be used as a tool by the one who files it for a purpose other than ever reaching trial.

    When someone is sued, their first step in defending against the suit, is usually to file for a motion to dismiss followed by a counter suit. If the suit goes beyond that,there is discovery process, where both parties are able to request documents including communications between relevant parties as well as potential witnesses. They can also depose, and depose potential witnesses under oath (lying during a deposition can be a criminal offense).

    Just some info on how the process works, draw from it what you want.

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    1. Typo, should be more than 90% never each trial

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  7. The power brokers will try to keep us in the dark at all costs!!

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  8. The person suing was told by his close friends that I absolutely have no involvement in any part of trying to have him prosecuted , or lose his job. The committeeman that I am assuming benefits from bringing this lawsuit also knows very well that I am not out to "get him in trouble" . But they do know that I am the poster child for speaking out about what needs to be accomplished in town and that is a threat to all those doing the wrong things. This lawsuit is going to blow up in their face as more truths become revealed than they expected.

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  9. HH, If need be , open a fund me page and you are guarenteed to be matzliach בע"ה

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  10. I have no knowledge of this specific case however to post a comment about a non politician whether true or not is foreshore loshon hara or moitzey shemra. We are yidden who follow the Torah there is no heter to post it on line regardless of the lofty intentions. I am not saying that everyone is innocent but posting on line is not the venue for a frum yid. It is very possible that the intention of the plaintiff is simply to get these people to stop bad mouthing him. Why don't they take off their comments and commit to not bad mouthing him or any private individuals. Unfortunately there are lots of Moisrim hanging around Lakewood it probably is not difficult for the plaintiff to get a heter arkaos to defend himself.

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    1. So you are sure he was able to get a heter arkous, and are also sure that regardless of the situation it is never muter to post things about someone on a blog. Whatever you say Posek Yiddel, maybe you should run a weekly column with some of your other P'sakim.

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    2. going to court without going to a Beis Din - is not a venue for a frum Yid.

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  11. I have a feeling that many controversial comments are being censored on here out of fear of being the next victim of a frivolous lawsuit. Do you really think people would donate to put a stop to bully tactics of corrupt people that may do them harm? This is my burden alone. I opened my mouth to try and help and now I need to pay the price. I'm proud of everything I have ever said or done. I never tried to hurt anyone. Whether it was fixing up our downtown,creating sensible cheap parking, or as stupid as putting back the menorah in town square or creating a farmers market in the muster zone. These guys always needed to show who is in charge. Of course they need to be in charge. So they can take advantage of all of us. Well it will all end very soon. And it will be their own fault, not mine.

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  12. One thing I could say this is going to be a lot of fun,
    A lot of fun,
    A real lot of fun.

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  13. Why is hefkervelt not letting many comments through on this important topic?

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    1. As much as hefkervelt says they are different then the scoop they are very similar in what posts they allow and won't they don't.

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  14. http://firstamendmentactivist.blogspot.com/2018/12/lakewood-township-payroll-list.html

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