What Is Free Speech?

[BehindBlueI's]

I’m afraid I went over your head.

Wanna fight about it?

 

[jamil]

If it's obviously and identifiably not a true image, I agree. If it purports to be true, I disagree and so does the law as I read it:



Yes, Indiana code includes "whoredom" as a word...

I assume we can all agree there's a value judgement assigned to engaging in sex acts or posing nude for public consumption in our society? I assume we can all agree that value is not compatible with the *very lucrative* brand TS has?

If someone is using TS’s face to portray her in porn, and is asserting that it’s really her, that’s defamation.

 

[Ziggidy]

If someone is using TS’s face to portray her in porn, and is asserting that it’s really her, that’s defamation.

Is it really defamation? What injury has it caused TS?

 

[skretsinger]

Without the 2nd, 1A doesn't stand a chance

 

[DragonGunner]

Without the 2nd, 1A doesn't stand a chance

Had my former pastor tell me he would die to protect my 1A rights, but didn’t care if they got rid of the 2A. Sad when people don’t know history.

 

[skretsinger]

Had my former pastor tell me he would die to protect my 1A rights, but didn’t care if they got rid of the 2A. Sad when people don’t know history.

It's very strange that people can see one without the other to me they go together. I imagine that's why they are literally 1 and 2

 

[jamil]

Is it really defamation? What injury has it caused TS?

Are you serious? The porn images of TS showing up on social media isn’t defamation. They’re fake. Whoever published them isn’t asserting they’re real as far as I know. The hypothetical example I gave was that publisher asserted they’re real. The harm is to her reputation/image, which she monetizes.

 

[Leo]

We have some significant problems with publication of false information.

My wife liked that "Pickers" TV show with Mike Wolfe. Something popped up that said Mike Wolfe of Pickers had been killed. She searched for more information and found more than 8 articles that said Mike Wolfe of Pickers fame had died. All different dates. Some were as far back as 2021. I understand there can be many men named "Mike Wolfe" but all the articles led the hook with "of the pickers" TV show.

I guess being famous allows you to die multiple times. If the country is full of enough false speech, pretty soon no speech can be regarded as true.

 

[Ziggidy]

Are you serious? The porn images of TS showing up on social media isn’t defamation. They’re fake. Whoever published them isn’t asserting they’re real as far as I know. The hypothetical example I gave was that publisher asserted they’re real. The harm is to her reputation/image, which she monetizes.

Defamation varies in their standards for defamation and potential damages. Defamation is a tricky area of law as the lines between stating an opinion versus a fact can be vague, and defamation tests the limits of the first amendment freedoms of speech and press.

Elements​

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.

That is according to Cornell Law School, look it up. While I agree that it would seem like TS porn would be defamation, you need to prove injury, harm or damages. TS is a big enough star that I believe it may be difficult to prove damages or harm.

While I may agree with you, I am not sure if the far left legals would not fight it and possibly win.

 

[jamil]

Defamation varies in their standards for defamation and potential damages. Defamation is a tricky area of law as the lines between stating an opinion versus a fact can be vague, and defamation tests the limits of the first amendment freedoms of speech and press.

Elements​

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.

That is according to Cornell Law School, look it up. While I agree that it would seem like TS porn would be defamation, you need to prove injury, harm or damages. TS is a big enough star that I believe it may be difficult to prove damages or harm.

I read the same thing you did. All 4 elements would be there in the scenario I suggested. All I know of what happened, was that recently someone published deep fake porn of TS on X. That doesn't rise to the level of defamation. In the hypothetical I gave, it would, because someone would be asserting, falsely, that she's in a porno. That would be damaging to her reputation, which she monetizes.

While I may agree with you, I am not sure if the far left legals would not fight it and possibly win.

Why is it even an issue of right or left? It's an issue whether the scenario defamation or not. As it pertains to this thread, is it free speech or not? My view is that whoever created/posted the fake TS porn on X didn't defame anyone. There's no harm because people understand it's fake. If anyone was harmed over it, it's X, because the Swifties are gonja pissed that X let it happen. But everyone knows those weren't really her ****, that really wasn't her ass. She wasn't performing porn as would be asserted in the defamation scenario.

 

[Ziggidy]

Why is it even an issue of right or left? It's an issue whether the scenario defamation or not. As it pertains to this thread, is it free speech or not? My view is that whoever created/posted the fake TS porn on X didn't defame anyone. There's no harm because people understand it's fake. If anyone was harmed over it, it's X, because the Swifties are gonja pissed that X let it happen. But everyone knows those weren't really her ****, that really wasn't her ass. She wasn't performing porn as would be asserted in the defamation scenario.

Agreed

 

[Shadow01]

An enduring freedom cannot be exercised by an unmoral people. It will be eroded. So without a solid continuing moral foundation this nation‘s freedoms will not last.