Thursday, July 14, 2011

Can repeating lies that have been published 'legally' as fact be considered slander?

A man was charged with a crime (that lawyers call 'the flavour-of-the-month), so he is told it is impossible to win regardless of his innocence. He has no lawyer. He is intimidated into a plea bargain. Because he is emotionally unable to speak for himself, he doesn't object to the lies that are spoken in court, and lies are accepted as fact and are pulished in a local newspaper. After he has been pardoned those type who relish in causing others pain continue to spread these lies, even after the record has been EXPUNGED (if pressed to 'prove' what they say they refer to the news article). Is this slander? What if evidence is found that the man is innocent, but the court doesn't think it serious enough to grant an appeal, so the lies persist? What if proof arises that the defendant was innocent, but it's still not 'serious enough'? Does this proof render what was previously consider fact, slander?

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