Very important: Watch the two videos in a previous post (see: MUST WATCH VIDEOS: Why Terri Horman's attorneys told her to keep her mouth shut ) It may one day protect your rights.
The second reason has to do with the libel and slander laws in the United States. First a couple of definitions:
Libel is written slander is spoken otherwise the definition is the very same.
There is a difference for public figures. Public figures must prove malice of such statements. This means Kaine and Desiree, having gone before the public numerous times with their defamation of Terri, would need to prove any false libelous or slanderous statements made against them were done maliciously.2 This also means is Kaine and Desiree were defaming Terri under instruction from either law enforcement or attorneys, those that instructed them would be legally responsible as well. Nobody told either of them what to say because they would know the legal liability of doing so. This is likely why the Oprah interview was trimmed down to eight minutes.Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.1
Because Terri has not given any public statements, her attorneys could argue that she is not a public figure or, at the most, is a limited public figure. This means anything that is false and cannot be proven true that is said to harm her reputation or induces hostile opinions of feelings against her are grounds for a defamation / libel and/or slander suits against those making such statements.
It is obvious that unless everything said against Terri Horman can be proven, her attorney has grounds for a defamation / libel / slander suit against the parties making those statements. This includes Kaine Horman, Desiree Young, and anyone posting horrible things against her. The same cannot be said about Kaine and Desiree since they have made themselves into public figures by giving all of their statements to the media. Because of their media events, they would need to prove malice by the person making statements against them - a much harder, if not impossible, burden of proof.
My guess is that when law enforcement's case against Terri Horman falls apart due to no evidence she did anything to Kyron Horman, her attorneys will be filing a defamation / slander suit against both Kaine Horman and Desiree Young and maybe even some of Kaine's media and social media sock puppets.Think before you post. What you do say (even online) can and may be used against you in a court of law.
1. http://legal-dictionary.thefreedictionary.com/Slander+and+libel
2. http://www.expertlaw.com/library/personal_injury/defamation.html
A treatise on the law of slander, libel, scandalum magnatum, and false rumors: including the rules which regulate intellectual communications, affecting ... individuals and the interests of the public mesothelioma
One could also argue that Terri is very much a public figure whether she talks or not.
ReplyDeleteAccording to attorney Aaron Larson,
A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established...
Aaron Larson: Defamation, Libel and Slander Law. Expertlaw.com, August 2003
And her attorneys could argue she was not a limited public figure because she did nothing to become one. Generally the limited public figures become one because they have spoken in their own defense and professed innocence. This will be one her attorneys will have to argue.
ReplyDeleteWhat Kaine and Desiree have said against Terri was done maliciously to turn public opinion against her and to tighten the "psychological noose" around her to coerce a confession.
In order for their statements to be slander or libel, they would have to know they were untrue. At the moment, it would be hard to prove anything they said was known to be untrue when it was said.
ReplyDelete