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  1. #1
    Banned ahmedaz's Avatar
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    Can I be sued for calling someone's mother, wife, daughter prostitutes? (Serious)

    I have been harboring a grudge with my former employer for like a year and I decided to "liberate" myself from the anger by calling him and I said "your mother is a prostitute, your wife is a prostitute, your daughter is a prostitute". His daughter is like 30 so I didn't insult some kid. He said "I will sue you for this."

    My question is: can he? He can't get me for "slander" cuz it was a 1 on 1 phonecall, I called his home. I can also always deny it.
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  2. #2
    straight bars no bullsh!t mizzOe's Avatar
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    nah, i very highly doubt you can

    but who knows, you might get lucky
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  3. #3
    Truth in Advertising. [maniac]'s Avatar
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    harassment maybe? doubt it would hold up in court. phone records can prove you called him. as for proving what you said that would be difficult
    Fear is the mind killer.

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  4. #4
    Registered User Quatchkopf's Avatar
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    I call BS on this but anyway....Unless he has a wire tap or a recording device of some kind forget about it.
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  5. #5
    dun got head buss ThatDarnDavidKi11111's Avatar
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    he can sue but he wont win. counter sue him for harrasment.
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  6. #6
    straight bars no bullsh!t mizzOe's Avatar
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    pay his mother, daughter and wife for sex, prove him wrong
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  7. #7
    Banned Biff at Oxford's Avatar
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    Thumbs down

    He will probably just whip your petty whining little ass. What kind of a way is that to get someone back. If you have a problem then have the balls to get up in their face, but it appears you don't have them. What a wuss
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  8. #8
    dun got head buss ThatDarnDavidKi11111's Avatar
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    Originally Posted by Biff at Oxford View Post
    He will probably just whip your petty whining little ass. What kind of a way is that to get someone back. If you have a problem then have the balls to get up in their face, but it appears you don't have them. What a wuss
    lol you are an idiot
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  9. #9
    Banned Biff at Oxford's Avatar
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    Originally Posted by ThatDarnDavidKi View Post
    lol you are an idiot
    but a truthful idiot
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  10. #10
    Come Crawling Faster puppet_master's Avatar
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    he got nothing
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  11. #11
    The Fleshrender Colin Gilbert's Avatar
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    Originally Posted by ahmedaz View Post
    I have been harboring a grudge with my former employer for like a year and I decided to "liberate" myself from the anger by calling him and I said "your mother is a prostitute, your wife is a prostitute, your daughter is a prostitute". His daughter is like 30 so I didn't insult some kid. He said "I will sue you for this."

    My question is: can he? He can't get me for "slander" cuz it was a 1 on 1 phonecall, I called his home. I can also always deny it.

    What did your boss do to you?
    Last edited by Colin Gilbert; 12-12-2006 at 04:53 AM.
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  12. #12
    Registered User tigertailbell's Avatar
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    I think to sue for slander you have to prove that the person intently lied with the purpose of hurting your reputation.
    Call him back and tell him he's a homo, his dad's a homo, and his son is a homo. (And you're fuc*ing 'homophobic")
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  13. #13
    Registered User MediaDeit's Avatar
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    I'd call Judy IMO


    Judge Judy solves everything.
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  14. #14
    WAR EAGLE! LETHAL BURN's Avatar
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    Originally Posted by mizzOe View Post
    pay his mother, daughter and wife for sex, prove him wrong
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  15. #15
    Preventin' teh Scurvy Vitamin C's Avatar
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    Where's WSsicks when you need him?

    Slander is when you make false oral statements about another with intent to harm his/her character.

    Who knows? Maybe his mother, wife, and daughter really are prostitutes?
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  16. #16
    Banned Slated's Avatar
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    banned?
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  17. #17
    Nearly a Monster Number69's Avatar
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    Originally Posted by ahmedaz View Post
    I have been harboring a grudge with my former employer for like a year and I decided to "liberate" myself from the anger by calling him and I said "your mother is a prostitute, your wife is a prostitute, your daughter is a prostitute". His daughter is like 30 so I didn't insult some kid. He said "I will sue you for this."

    My question is: can he? He can't get me for "slander" cuz it was a 1 on 1 phonecall, I called his home. I can also always deny it.
    Even though you are banned, I'll make a relevant post as a law grad.

    As you said it aloud, this is slander, which has less harsh laws than libel. (oops typo - edited)

    Secondly, he would have to prove harm (not sure bout US slander laws, only looked at libel cases but this is pretty universal). I doubt that anyone changed their opinion of those mentioned as a result or that any harm arose consequently.

    Thirdly, you could probably invoke a defence. I'm not sure what the apposite one is in the states, but generally a court would just throw out such a claim anyway.

    You're only really in trouble in a situation like this is it is published (libel) such as what happened Hustler magazine when they insinuated some reverend was boning hookers I think?
    Last edited by Number69; 12-12-2006 at 06:32 AM.
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  18. #18
    Kiwi-Man sirnext's Avatar
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    Originally Posted by Number69 View Post
    Even though you are banned, I'll make a relevant post as a law grad.

    As you said it aloud, this is slander, which has harsher laws than libel.

    Secondly, he would have to prove harm (not sure bout US slander laws, only looked at libel cases but this is pretty universal). I doubt that anyone changed their opinion of those mentioned as a result or that any harm arose consequently.

    Thirdly, you could probably invoke a defence. I'm not sure what the apposite one is in the states, but generally a court would just throw out such a claim anyway.

    You're only really in trouble in a situation like this is it is published (libel) such as what happened Hustler magazine when they insinuated some reverend was boning hookers I think?


    Or you could just neg him... people always back off when negged.
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  19. #19
    Reggiestored user HoosierBoy's Avatar
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    Originally Posted by Number69 View Post
    Even though you are banned, I'll make a relevant post as a law grad.

    As you said it aloud, this is slander, which has harsher laws than libel.

    Secondly, he would have to prove harm (not sure bout US slander laws, only looked at libel cases but this is pretty universal). I doubt that anyone changed their opinion of those mentioned as a result or that any harm arose consequently.

    Thirdly, you could probably invoke a defence. I'm not sure what the apposite one is in the states, but generally a court would just throw out such a claim anyway.

    You're only really in trouble in a situation like this is it is published (libel) such as what happened Hustler magazine when they insinuated some reverend was boning hookers I think?

    Ah, for a law grad, your knowledge of the law is pretty wrong.

    This has nothing to do with defamation (slander and libel). Defamation is a civil action based on written or spoken words that damage a person's or company's reputation in the community. Calling someone a name one-on-one is nowhere close to slander.

    Even if defamation were at issue here, where are you getting "slander... has harsher laws than libel"? That's not even close to correct. The standard for both is "actual malice" (the N.Y. Times standard).
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  20. #20
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    Originally Posted by HoosierBoy View Post
    Ah, for a law grad, your knowledge of the law is pretty wrong.

    This has nothing to do with defamation (slander and libel). Defamation is a civil action based on written or spoken words that damage a person's or company's reputation in the community. Calling someone a name one-on-one is nowhere close to slander.

    Even if defamation were at issue here, where are you getting "slander... has harsher laws than libel"? That's not even close to correct. The standard for both is "actual malice" (the N.Y. Times standard).
    Slander is spoken libel is published.

    If you don't believe me that libel is harsher, just look at Keeton v Hustler or the International Shoe Case in the USA.

    The single publication rule means that the long arm jurisdiction of a court is extended and publication = libel. Therefore, if you say something on the net in NY you could be sued for it in California. Pretty sure there's no equivalent for slander.

    Secondly, if it has nothing to do with defamation, what would you suppose the complainant could sue for? He would base a claim on damage to the reputation of his mother, wife and daughter (or they would take the claim).


    Finally, the "actual malice" standard of proof may be in NY but we have different laws here. Here's where I pwn your point that slander and libel are equivalent in the eyes of the law.
    1. In Ireland (and England) you need not show any harm to sue for defamation through libel, merely that there has been a libel committed.
    2. Under our procedural rule (O.11 RSC 1986 here) we can serve you to appear before an Irish court if there is a significant connection of the case to Ireland. If you say something about me on your blog in the USA I can haul your ass here.
    3. As I don't need to show any harm has been done I have an easy cause of action to sue you and as costs follow the loser, you would have to pay all legal costs even if the damages awarded were 1c.

    This is not the case for slander. Moreover, the op's case was a pile of ****, just thought it would be funny to analyse a "your momma" slag from the point of view of a lawyer...
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    Originally Posted by HoosierBoy View Post
    Calling someone a name one-on-one is nowhere close to slander.
    Also, on this point, calling you a rapist in front of a potential employer would be slander. You would only have to lose this potential employment as a result to see why we have slander laws.

    It gets more obvious when someone says in front of a group of people that you did xyz if you have been questioned by police for eg re a crime.
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    I always laugh when i hear about people trying to sue someone over some stupid **** like this, he's got nothing.
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    no, but get ready for a smack
    whatever people say i am, thats what i'm not
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    Reggiestored user HoosierBoy's Avatar
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    Originally Posted by Number69 View Post
    Slander is spoken libel is published.

    If you don't believe me that libel is harsher, just look at Keeton v Hustler or the International Shoe Case in the USA.

    The single publication rule means that the long arm jurisdiction of a court is extended and publication = libel. Therefore, if you say something on the net in NY you could be sued for it in California. Pretty sure there's no equivalent for slander.

    Secondly, if it has nothing to do with defamation, what would you suppose the complainant could sue for? He would base a claim on damage to the reputation of his mother, wife and daughter (or they would take the claim).


    Finally, the "actual malice" standard of proof may be in NY but we have different laws here. Here's where I pwn your point that slander and libel are equivalent in the eyes of the law.
    1. In Ireland (and England) you need not show any harm to sue for defamation through libel, merely that there has been a libel committed.
    2. Under our procedural rule (O.11 RSC 1986 here) we can serve you to appear before an Irish court if there is a significant connection of the case to Ireland. If you say something about me on your blog in the USA I can haul your ass here.
    3. As I don't need to show any harm has been done I have an easy cause of action to sue you and as costs follow the loser, you would have to pay all legal costs even if the damages awarded were 1c.

    This is not the case for slander. Moreover, the op's case was a pile of ****, just thought it would be funny to analyse a "your momma" slag from the point of view of a lawyer...
    OK, I don't know a thing about U.K. law, but you are way off on U.S. law. First of all, you said in your earlier post that "slander... has harsher laws than libel". Now you're saying that "libel is harsher". Which one is it?

    In reality, neither is "harsher". First off, International Shoe applies to any civil action; it is not limited to either libel or slander. Provided that a plaintiff can show minimum contacts, he may bring a suit for slander in his home state. If I make a defamatory speech in New York, I can be sued in California, provided I satisfy International Shoe requirements. There is no difference between libel and slander from a jurisdictional perspective.

    The N.Y. Times actual malice standard applies throughout the U.S., not just New York.

    Finally, are you suggesting that the OP's boss could bring an action for damages to his family's reputation? Are you serious? No one besides the boss has heard the remarks.

    Originally Posted by Number69 View Post
    Also, on this point, calling you a rapist in front of a potential employer would be slander.
    That's why I said "calling someone a name one-on-one" is not slander. Read!
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    This would be neither slander or libel, those would be if he made a public statement which would affect their image.

    If he had any claim it would be intention infliction of emotional distress. Since the call was one time and it doesn't sound like your employer has a specific sensitivity to these types of statement, I'm not sure that charge would stick. But that's if he wanted to make a civil charge.

    If he wanted to press charges against you, he could claim harassment among other things. Again, since this was a singulr incident I don't see any chance os indictment.

    Personally, I think you are a moron for doing this so I hope he does get a really good lawyer.
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    naa you should be set. Cause nobody else heard you say it
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    Originally Posted by beowulf View Post
    This would be neither slander or libel, those would be if he made a public statement which would affect their image.

    If he had any claim it would be intention infliction of emotional distress. Since the call was one time and it doesn't sound like your employer has a specific sensitivity to these types of statement, I'm not sure that charge would stick. But that's if he wanted to make a civil charge.

    If he wanted to press charges against you, he could claim harassment among other things. Again, since this was a singulr incident I don't see any chance os indictment.

    Personally, I think you are a moron for doing this so I hope he does get a really good lawyer.
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    Either way, he would have to prove that you said what you said. Even if he's in a one-party state, where he could legally record the conversation without your knowledge, that tape isn't admissible in court unless you specifically consented to the recording.

    Further, even if you consented to be recorded, I don't see how your words constitute any legal damages unless you threatened him.

    He was just blowing smoke with his threat to sue.
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    Originally Posted by HoosierBoy View Post
    OK, I don't know a thing about U.K. law, but you are way off on U.S. law. First of all, you said in your earlier post that "slander... has harsher laws than libel". Now you're saying that "libel is harsher". Which one is it?

    In reality, neither is "harsher". First off, International Shoe applies to any civil action; it is not limited to either libel or slander. Provided that a plaintiff can show minimum contacts, he may bring a suit for slander in his home state. If I make a defamatory speech in New York, I can be sued in California, provided I satisfy International Shoe requirements. There is no difference between libel and slander from a jurisdictional perspective.

    The N.Y. Times actual malice standard applies throughout the U.S., not just New York.

    Finally, are you suggesting that the OP's boss could bring an action for damages to his family's reputation? Are you serious? No one besides the boss has heard the remarks.


    That's why I said "calling someone a name one-on-one" is not slander. Read!
    Yeah but you never know who coulde overhear...either way, I said it was hypothetical and there was no case.

    As for libel v slander, I posted why libel is harsher due to exhorbitant jurisdiction. I do Irish (and obviously some EU) law and powers of service are a lot harsher for libel 0 just see the Shevill case.

    I edited the typo to read slander is less harsh - oops.

    Either way, this is all irrelevant. OP had no worries except that he is now banned.

    PS I only used the keeton case re libel in our context for a comparison but would the single piublication rule not confine itself to libel? You can make a libellous comment on tv as it is publishable (if you know what I mean) but slander is not published - the distinction goes beyond spoken v written????
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    It seems pointless to go into a long legal discussion -he has no proof anyway, so even if the law should permit it there's no case.
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