Re: Fantasy quotes & libel

[Greg Broiles <gbroiles@netbox.com>]

At 12:30 AM 1/27/97 -0600, Jim Choate wrote:
>Hi,
>
>After review of the material I forwarded by request it is clear that
>'fantasy' quotes are libel provided:

[gibberish deleted]

You're mixing up elements of a prima facie case for libel, defenses, and
standards for liability and damages. You're missing some elements, and
adding some extra (contradictory) elements. You're also ignoring at least
two other potential causes of action where a quote is misattributed, as
well as trying to simultaneously discuss criminal and civil actions. Your
summary of defamation law is not an accurate one.

Your original message suggested that misattribution could be criminal.
While this may be true in some jurisdictions (modulo the First Amendment),
no prosecutor is going to waste his or her time with this sort of
silliness. Also, go watch _The People v. Larry Flynt_ and meditate on the
reason why Jerry Falwell lost his libel claim in the trial court. 


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