northpolarbear
Active Member
- Oct 3, 2015
- 260
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As far as I know, false personation applies only when you pretend to be some specific individual & does something beneficial as him or her. When you lie about yourself like your job or ethnicity, it is legal. Any thoughts on this?
Freedom of Speech Includes Some Kinds of Lies
"the Supreme Court finds that it is constitutional to lie about yourself.
The case centered on Xavier Alvarez, a water-district board member in California, who was convicted of falsely claiming to be a Medal of Honor recipient. A federal appeals court threw out the conviction".
As for defamation, my understanding is that it has to satisfy 2 conditions: it has to be false & it has to be out of situation.
What is Defamation? Do I have a case? -- Morris & Stone
"1. False Statement of Fact
Truth is an absolute defense to a claim for defamation. No one can prevent you from telling the truth, even if that truth harms someone else."
"2. Unprivileged
There are many statutes that afford a "privilege" to someone to speak, and in those cases the person is shielded from defamation. (See Civil Code section 47.)For example, say you are looking out your window one day, and you see someone break a window in the house across the street, and climb into the house through that broken window. Thinking a burglary is occurring, you call the police who soon arrive and drag the suspect out of the house at gun point, only to discover that the person owns the house, and had been forced to break in when he locked himself out. You've just made a false statement to a third party, claiming that your neighbor was breaking the law. Can you be sued for defamation? No, because there is a statutory privilege afforded to anyone making a good-faith report to the police. "
Any comment? If no, then I want to talk about the laws of some other country being enforced to you. If you are an American with American citizenship who resides in America, even if you violated a foreign law against someone in a foreign country, it is legal if it is legal in USA, right? For example, different countries have similar but slightly different laws on profanity & defamation. If you are illegal by their laws but legal by your own laws where you live, it is legal, right? They have no legal power over you? Them doing anything to you is illegal "even if" it was legal by their laws? This is different from a: me moving to that country & having to follow the laws of that region, b: something being illegal both by the laws where I live & that foreign country.
Freedom of Speech Includes Some Kinds of Lies
"the Supreme Court finds that it is constitutional to lie about yourself.
The case centered on Xavier Alvarez, a water-district board member in California, who was convicted of falsely claiming to be a Medal of Honor recipient. A federal appeals court threw out the conviction".
As for defamation, my understanding is that it has to satisfy 2 conditions: it has to be false & it has to be out of situation.
What is Defamation? Do I have a case? -- Morris & Stone
"1. False Statement of Fact
Truth is an absolute defense to a claim for defamation. No one can prevent you from telling the truth, even if that truth harms someone else."
"2. Unprivileged
There are many statutes that afford a "privilege" to someone to speak, and in those cases the person is shielded from defamation. (See Civil Code section 47.)For example, say you are looking out your window one day, and you see someone break a window in the house across the street, and climb into the house through that broken window. Thinking a burglary is occurring, you call the police who soon arrive and drag the suspect out of the house at gun point, only to discover that the person owns the house, and had been forced to break in when he locked himself out. You've just made a false statement to a third party, claiming that your neighbor was breaking the law. Can you be sued for defamation? No, because there is a statutory privilege afforded to anyone making a good-faith report to the police. "
Any comment? If no, then I want to talk about the laws of some other country being enforced to you. If you are an American with American citizenship who resides in America, even if you violated a foreign law against someone in a foreign country, it is legal if it is legal in USA, right? For example, different countries have similar but slightly different laws on profanity & defamation. If you are illegal by their laws but legal by your own laws where you live, it is legal, right? They have no legal power over you? Them doing anything to you is illegal "even if" it was legal by their laws? This is different from a: me moving to that country & having to follow the laws of that region, b: something being illegal both by the laws where I live & that foreign country.
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