> No, Mary Jo, I don't think so. He didn't say they were down on the > corner peddling their all. The remark was derogatory but I do not > think that anyone could show that it was meant as a atatement of fact. > It was an insult but it was an opinion.
I have to disagree there. You can argue that it was humor and thus not slander but very hard to claim it was just opinion. Here's the definition of an opinion: "A belief or conclusion held with confidence but not substantiated by positive knowledge or proof" Meaning, you can't state it as fact, but it's your belief in what is true. This isn't opinion, since it's clear he did not truly have any belief in the truth of his statements. The only defense for his statement *is* that it was intended as humor...which in and of itself is not a defense. It just makes the burden of proof for a plaintiff even harder, since they have to prove that at least some of the audience might not have construed the statement in that way. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| ColdFusion MX7 and Flex 2 Build sales & marketing dashboard RIAâs for your business. Upgrade now http://www.adobe.com/products/coldfusion/flex2?sdid=RVJT Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:232527 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
