GirlChat #573697


Was late Audrie Pott defamed?

Posted by kratt on 2013-April-13 11:09:33 EDT, Saturday

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Was she?

On one hand, defamation consists of statements which
(Sim vs. Stretch)
"tend to lower the plaintiff in the estimation of right thinking members of society generally"

Statements which tend to lower the plaintiff in the estimation of wrong thinking members of society are therefore not defamatory.

On the other hand, statements imputing "unchastity to a woman" are actionable per se.

Is a false claim that a woman has been a victim of rape (at no fault of her own) defamatory (because rape, even though not her fault, is still "unchastity"), or non-defamatory (because "right-thinking" members of society think no worse of her for having been a victim though no fault of hers, and anyone who does think worse of her is by definition "wrong-thinking")?

Is a truthful claim that a woman has been a victim of rape non-defamatory due to truth and therefore protected free speech?

Also, why was late Audrie Pott unconscious at a party? Was it because of ordinary fatigue? Or was it due to voluntary consumption of intoxicating substances - unwise on her part, and probably illegal at her age?

Would untruthful innuendo that late Audrie Pott was unconscious due to voluntary lawbreaking on her part (whereas in truth she had been unconscious due to ordinary fatigue) be something that does amount to libel?


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