Ginny [they/she]

  • 1 Post
  • 149 Comments
Joined 2 years ago
cake
Cake day: July 16th, 2023

help-circle



  • This gives a bit of a false impression. Specifically, it is for the defendant to show that a defamatory statement is substantially true, rather than the complainant/plaintiff to show it is false. This is essentially because truth is a defence against defamation in the same way self-defence is a defence against assault.

    Essentially, the complainant must prove that:

    1. the defendant made a defamatory statement (i.e. a statement of a fact that - if true - would harm your reputation),
    2. you suffered a material loss as a result of harm to your reputation, and
    3. it was the defendant’s statement that was the cause.

    The defendant may argue in defence that:

    1. it was substantially true,
    2. they honestly believed it was true and had a reasonably good reason for doing so, and/or
    3. it was in the public interest to say so.

    The burden of proof is still “on the balance of probability” rather than “beyond reasonable doubt” in each case.

    This kind of makes a little bit of sense though, right? If I tell the world that you like to put your thumb in your bum and then sniff it, you’d probably feel it should be on me to provide evidence rather than on you to prove that you’ve literally never done that in your life.

    We are definitely lacking in anti-SLAPP legislation, but then so are many states.








  • Ginny [they/she]toScience Memes@mander.xyzBACK IT UP
    link
    fedilink
    English
    arrow-up
    1
    ·
    2 months ago

    One reason why people have historically had trouble suing tobacco companies is that non-smokers also get lung cancer. While we can say for sure that smoking makes it more likely you will get lung cancer, it’s generally impossible to say any one person’s lung cancer was caused by smoking. This is in contrast to say, someone who injures themselves climbing, where it is definitely 100% on them.

    The real answer of course is that you’re paying for it either way. Insured people pay absurdly over the odds to offset the amount of money lost on people who accrue medical debt and can’t afford to pay it off.




  • Ginny [they/she]to196Radio Dial Rule
    link
    fedilink
    arrow-up
    2
    ·
    2 months ago

    I think the difference between EfreetSK’s example and the situation to which MLK’s quote applies is that MLK already had enough people on his side to force others to take him seriously.

    In the UK, demonstrations for trans rights are fairly common. It is also almost exactly as common for them not to be reported on at all in any major news outlet. With the laws in the UK as they are, any trans person participating in a “disruptive” protest is liable to end up in a men’s prison (and if self-medding, as many must, deprived of HRT) for a long time, so there aren’t many takers for the Just Stop Oil brand of protesting either. It sucks, but sometimes softly softly is what’s required.






  • My sibling in Christ, if there is one thing that did not contribute to Trump winning the election, it is not enough shaming by leftists. If anything there is too much.

    Committed Trumpists can’t be shamed. They love it when the left try to shame them because that means they’re “triggered”. And as a result non-political “centrists” who “just want to grill” can’t be shamed because they’ve got people on the one hand telling them they should be ashamed and people on the other telling them they’re doing nothing wrong; in fact, they’re doing great! Who do you think they’ll side with?

    Don’t get me wrong, I am not defending either of these groups of people. However shame is ultimately only effective when you can convince someone that what they’re doing is shameful, and to do that you have to bring them on side first. Yes, it sucks having to play nice and be patient with the “non-committed voter”, but ultimately the right has the left outmatched both in the ability use violence and the ability to appeal to people who don’t actually want to do anything.

    Anyone who says “your body, my choice” is a lost cause though, feel free to punch those people all you want.