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	<title>Comments on: Defamation Part 3:  Public v. Private Figures</title>
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		<title>By: Robin</title>
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		<dc:creator>Robin</dc:creator>
		<pubDate>Wed, 07 Nov 2007 20:35:05 +0000</pubDate>
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		<description>&lt;i&gt;Yes, Connecticut, where I did an event last night at Foxwoods casino.&lt;/i&gt;

There&#039;s an incredible Native American museum near Foxwood (in fact, I think they&#039;re both part of the Pequot-managed business cooperative there).  Definitely worth a visit, IMO.</description>
		<content:encoded><![CDATA[<p><i>Yes, Connecticut, where I did an event last night at Foxwoods casino.</i></p>
<p>There&#8217;s an incredible Native American museum near Foxwood (in fact, I think they&#8217;re both part of the Pequot-managed business cooperative there).  Definitely worth a visit, IMO.</p>
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		<title>By: Nora Roberts</title>
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		<dc:creator>Nora Roberts</dc:creator>
		<pubDate>Wed, 07 Nov 2007 14:25:38 +0000</pubDate>
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		<description>Yes, Connecticut, where I did an event last night at Foxwoods casino. Interesting venue, and I added a zero onto the ten I stuck in a poker slot. Good deal.

The discussion on the ins and outs of defamation&#039;s been really interesting, and educational.</description>
		<content:encoded><![CDATA[<p>Yes, Connecticut, where I did an event last night at Foxwoods casino. Interesting venue, and I added a zero onto the ten I stuck in a poker slot. Good deal.</p>
<p>The discussion on the ins and outs of defamation&#8217;s been really interesting, and educational.</p>
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		<title>By: Jennifer McKenzie</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F11%2F06%2Fdefamation-part-3-public-v-private-figures%2F&amp;seed_title=Defamation+Part+3%3A++Public+v.+Private+Figures/comment-page-1/#comment-90215</link>
		<dc:creator>Jennifer McKenzie</dc:creator>
		<pubDate>Tue, 06 Nov 2007 22:38:01 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/2007/11/06/defamation-part-3-public-v-private-figures/#comment-90215</guid>
		<description>OMG!  I just read last week&#039;s post.  How did I miss all that?  Whew!  In all that, my question was answered.  I think I kind of get it.  
Thanks so much Jane for answering all these questions.  I think it&#039;s all VERY interesting.
And thanks for continuing to do it despite trolls, sockpuppets and other interferences.</description>
		<content:encoded><![CDATA[<p>OMG!  I just read last week&#8217;s post.  How did I miss all that?  Whew!  In all that, my question was answered.  I think I kind of get it.<br />
Thanks so much Jane for answering all these questions.  I think it&#8217;s all VERY interesting.<br />
And thanks for continuing to do it despite trolls, sockpuppets and other interferences.</p>
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		<title>By: Jennifer McKenzie</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2007%2F11%2F06%2Fdefamation-part-3-public-v-private-figures%2F&amp;seed_title=Defamation+Part+3%3A++Public+v.+Private+Figures/comment-page-1/#comment-90207</link>
		<dc:creator>Jennifer McKenzie</dc:creator>
		<pubDate>Tue, 06 Nov 2007 22:12:42 +0000</pubDate>
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		<description>Thanks Robin.  I did miss that.  I figured it was a bit fuzzy.  This stuff amazes me.  *off to read the post I missed*</description>
		<content:encoded><![CDATA[<p>Thanks Robin.  I did miss that.  I figured it was a bit fuzzy.  This stuff amazes me.  *off to read the post I missed*</p>
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		<title>By: Holly</title>
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		<dc:creator>Holly</dc:creator>
		<pubDate>Tue, 06 Nov 2007 21:38:09 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/2007/11/06/defamation-part-3-public-v-private-figures/#comment-90197</guid>
		<description>Where does a blogger fit in as &quot;ordinary person/famous person&quot; is defined?  

Say my personal blog, for example.  I have a small amount of readership (perhaps 300 people per day) as opposed to my book blog where I have a larger amount of readership (say 1000 people per day...just pulling numbers out of nowhere, just FYI), does it matter?  Am I still considered a &quot;public&quot; figure?</description>
		<content:encoded><![CDATA[<p>Where does a blogger fit in as &#8220;ordinary person/famous person&#8221; is defined?  </p>
<p>Say my personal blog, for example.  I have a small amount of readership (perhaps 300 people per day) as opposed to my book blog where I have a larger amount of readership (say 1000 people per day&#8230;just pulling numbers out of nowhere, just FYI), does it matter?  Am I still considered a &#8220;public&#8221; figure?</p>
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		<title>By: Jane</title>
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		<dc:creator>Jane</dc:creator>
		<pubDate>Tue, 06 Nov 2007 19:55:16 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/2007/11/06/defamation-part-3-public-v-private-figures/#comment-90163</guid>
		<description>Mocking someone&#039;s appearance isn&#039;t defamatory.  Look at the recent comments about the women in &lt;a href=&quot;http://www.smh.com.au/news/people/sjp-named-worlds-unsexiest-woman/2007/10/25/1192941199037.html?s_cid=rss_entertainment&quot; rel=&quot;nofollow&quot;&gt;Maxim&#039;s Not Sexy list&lt;/a&gt;.

Troubled soul singer Amy Winehouse was voted No. 2 because of her &quot;hemorrhaging translucent skin, rat&#039;s nest mane and lashes that look more like surgically attached bats&quot;.

Madonna was identified with a &quot;mug that looks Euro-sealed to her skull, and you&#039;ve got Willem Dafoe with hot flashes.&quot;

These are definitely opinions.  I think the only time that &quot;opinions&quot; could become defamatory is when they become &quot;obscene&quot; as discussed in the Falwell v. Hustler case.</description>
		<content:encoded><![CDATA[<p>Mocking someone&#8217;s appearance isn&#8217;t defamatory.  Look at the recent comments about the women in <a href="http://www.smh.com.au/news/people/sjp-named-worlds-unsexiest-woman/2007/10/25/1192941199037.html?s_cid=rss_entertainment" rel="nofollow">Maxim&#8217;s Not Sexy list</a>.</p>
<p>Troubled soul singer Amy Winehouse was voted No. 2 because of her &#8220;hemorrhaging translucent skin, rat&#8217;s nest mane and lashes that look more like surgically attached bats&#8221;.</p>
<p>Madonna was identified with a &#8220;mug that looks Euro-sealed to her skull, and you&#8217;ve got Willem Dafoe with hot flashes.&#8221;</p>
<p>These are definitely opinions.  I think the only time that &#8220;opinions&#8221; could become defamatory is when they become &#8220;obscene&#8221; as discussed in the Falwell v. Hustler case.</p>
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		<title>By: Robin</title>
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		<dc:creator>Robin</dc:creator>
		<pubDate>Tue, 06 Nov 2007 19:48:34 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/2007/11/06/defamation-part-3-public-v-private-figures/#comment-90159</guid>
		<description>&lt;blockquote&gt;If you view free speech as a big circle, defamation decreases the size of the circle. The court doesn’t want that and would rather have individuals rebut each other’s statements (actually increase the circle) than limit people’s speech (which decreases the circle).&lt;/blockquote&gt;

I just wanted to pull this out and highlight it because I think it&#039;s such a good illustration of the free speech - defamation continuum.  

&lt;blockquote&gt;Being called a “fool” is not provable and therefore is an opinion. What about racist? I’m assuming there is a legal criteria for the term “racist” or “racist statements”.&lt;/blockquote&gt;

If you go back and read the post from last week, Jane addresses this question, citing judicial opinion that it&#039;s generally not defamatory to accuse someone of racism, in part because of the multiple definitions that abound for the term.

&lt;blockquote&gt;Now, are college professors public figures? Is a review of them on a public forum, using malicious terms slander or libel (I’m forgetting which is which). In any case, it’s up there for the world to see.&lt;/blockquote&gt;

I know that students can sue universities under certain circumstances, but I&#039;m not sure if there are limitations against faculty suing students, even in a private action like defamation (especially in a learning-related environment where the learning environment could be so easily compromised by a professor suing a student).  That&#039;s an interesting question.  In any case, are the thing being said related to the classroom environment, or is it stuff about their personal lives?  It seems to me that would make a difference, as well.</description>
		<content:encoded><![CDATA[<blockquote><p>If you view free speech as a big circle, defamation decreases the size of the circle. The court doesn’t want that and would rather have individuals rebut each other’s statements (actually increase the circle) than limit people’s speech (which decreases the circle).</p></blockquote>
<p>I just wanted to pull this out and highlight it because I think it&#8217;s such a good illustration of the free speech &#8211; defamation continuum.  </p>
<blockquote><p>Being called a “fool” is not provable and therefore is an opinion. What about racist? I’m assuming there is a legal criteria for the term “racist” or “racist statements”.</p></blockquote>
<p>If you go back and read the post from last week, Jane addresses this question, citing judicial opinion that it&#8217;s generally not defamatory to accuse someone of racism, in part because of the multiple definitions that abound for the term.</p>
<blockquote><p>Now, are college professors public figures? Is a review of them on a public forum, using malicious terms slander or libel (I’m forgetting which is which). In any case, it’s up there for the world to see.</p></blockquote>
<p>I know that students can sue universities under certain circumstances, but I&#8217;m not sure if there are limitations against faculty suing students, even in a private action like defamation (especially in a learning-related environment where the learning environment could be so easily compromised by a professor suing a student).  That&#8217;s an interesting question.  In any case, are the thing being said related to the classroom environment, or is it stuff about their personal lives?  It seems to me that would make a difference, as well.</p>
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		<title>By: Heather Holland</title>
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		<dc:creator>Heather Holland</dc:creator>
		<pubDate>Tue, 06 Nov 2007 18:49:55 +0000</pubDate>
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		<description>Another great post in an awesome series of posts, Jane. I look forward to the next one. And yes, it&#039;s a cute kitty.</description>
		<content:encoded><![CDATA[<p>Another great post in an awesome series of posts, Jane. I look forward to the next one. And yes, it&#8217;s a cute kitty.</p>
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		<title>By: Jessica Inclan</title>
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		<dc:creator>Jessica Inclan</dc:creator>
		<pubDate>Tue, 06 Nov 2007 18:44:30 +0000</pubDate>
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		<description>I also teach at a college, and there is a web site called reviewum.com.  ON this site, students can log in and critique professors, saying basically anything they&#039;d like.  Some very harsh stuff gets up on that board.  Being called a fool would be light--rascist is a term sometimes bandied about.

Now, are college professors public figures?  Is a review of them on a public forum, using malicious terms slander or libel (I&#039;m forgetting which is which).  In any case, it&#039;s up there for the world to see.  

There is a place for professors to &quot;write back&quot; and would that be the place to prove the words are not true?

I realize that as a writer putting work out into the universe, one opens up herself to criticism.  But being called a hack and having my breasts critiqued seems to go beyond what might be expected.  In any case, my reaction is to not react.  Certainly trying to sue someone seems to put energy into something I want to simply fade away.

I don&#039;t know.  We can be mean to each other and unfair and rude and cruel in so many public ways these days.  A scarlet A is nothing!

Jessica</description>
		<content:encoded><![CDATA[<p>I also teach at a college, and there is a web site called reviewum.com.  ON this site, students can log in and critique professors, saying basically anything they&#8217;d like.  Some very harsh stuff gets up on that board.  Being called a fool would be light&#8211;rascist is a term sometimes bandied about.</p>
<p>Now, are college professors public figures?  Is a review of them on a public forum, using malicious terms slander or libel (I&#8217;m forgetting which is which).  In any case, it&#8217;s up there for the world to see.  </p>
<p>There is a place for professors to &#8220;write back&#8221; and would that be the place to prove the words are not true?</p>
<p>I realize that as a writer putting work out into the universe, one opens up herself to criticism.  But being called a hack and having my breasts critiqued seems to go beyond what might be expected.  In any case, my reaction is to not react.  Certainly trying to sue someone seems to put energy into something I want to simply fade away.</p>
<p>I don&#8217;t know.  We can be mean to each other and unfair and rude and cruel in so many public ways these days.  A scarlet A is nothing!</p>
<p>Jessica</p>
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		<title>By: Jennifer McKenzie</title>
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		<dc:creator>Jennifer McKenzie</dc:creator>
		<pubDate>Tue, 06 Nov 2007 18:28:23 +0000</pubDate>
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		<description>A follow up to Shiloh&#039;s comment.  Being called a &quot;fool&quot; is not provable and therefore is an opinion.  What about racist?  I&#039;m assuming there is a legal criteria for the term &quot;racist&quot; or &quot;racist statements&quot;.  
But say that a mean girl calls me a &quot;racist&quot;.  Do I then have to prove that I&#039;m NOT a racist?  Or does she have to cite instances where I was racist.  And do I have a case for defamation if it hurts my reputation etc.  
Am I missing the point again?
I don&#039;t do very well with legalese.</description>
		<content:encoded><![CDATA[<p>A follow up to Shiloh&#8217;s comment.  Being called a &#8220;fool&#8221; is not provable and therefore is an opinion.  What about racist?  I&#8217;m assuming there is a legal criteria for the term &#8220;racist&#8221; or &#8220;racist statements&#8221;.<br />
But say that a mean girl calls me a &#8220;racist&#8221;.  Do I then have to prove that I&#8217;m NOT a racist?  Or does she have to cite instances where I was racist.  And do I have a case for defamation if it hurts my reputation etc.<br />
Am I missing the point again?<br />
I don&#8217;t do very well with legalese.</p>
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