Originally Posted by
Pontius Pilot
I'm not a legal expert (the law bores me terribly), but if someone calls you a skank and you sue them, don't you have to prove that you are, in fact, not a skank?
No. If the slanderer had good reason to make the accusation, he should be able to demonstrate that his info is correct. If you can't reasonably prove it, better not say it (unless you are a gossip mag, in which case you make enough money to keep a bunch of lawyers on retainer).
I suspect that the lawsuit in question will go nowhere. Slander and insults are generally two different things.
You can call someone a jerk, and that's just your opinion, insulting though it may be.
But if you accuse someone of actions or behavior that they did not actually do, that is slander/libel. If they actually DID what you say they did, then it's just gossip.
"Skank" could go either way. The plaintiff may claim that skank = slut and that the defendant needs to prove she actually IS a slut...which he will probably not be able to do. The defendant might claim that "skank" is a general term which means "low class" and is just an opinion thing.
I think there is ambiguity to keep the defendant safe...but he still has legal bills which is probably the point of the whole exercise. Big people (and companies) can suppress perfectly legal commentary from the peanut-gallery merely with the threat of lawsuits and huge legal bills.
Another corporate trick: File a frivolous lawsuit against "John Doe" internet posters...for the sole purpose of obtaining their identities during the discovery process. If it turns out the posters are employees...instant termination. A few of those will tend to stiffle anonymous public dissent from the ranks.
And before someone with a sixth-grade understanding of the constitution starts blathering on about "freedom of speech", please remember that freedom of speech protections apply ONLY to the government...ie the GOVERNMENT (Federal, State, or Local) cannot restrict your right to speak your mind. But this in no way applies to any private parties or corporations, your employer can fire you for bad-mouthing the company, or for saying anything else they don't want to hear. Best to be aware of that if you're going to frolic on the net.