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- Newsgroups: rec.climbing
- Path: sparky!uunet!think.com!ames!data.nas.nasa.gov!wilbur.nas.nasa.gov!eugene
- From: eugene@wilbur.nas.nasa.gov (Eugene N. Miya)
- Subject: Re: Law Suits!!
- References: <BxK7Jo.3ws@world.std.com> <1992Nov18.011845.3805@nas.nasa.gov> <By6nK3.ADo@world.std.com>
- Sender: news@nas.nasa.gov (News Administrator)
- Organization: NAS, NASA Ames Research Center, Moffett Field, CA
- Date: Tue, 24 Nov 92 01:22:55 GMT
- Message-ID: <1992Nov24.012255.21698@nas.nasa.gov>
- Lines: 90
-
- >This is absurd Eugene. Mailing a letter to your senator is free speech;
- >this forum is free speech; printing a newsletter on your own dime is free
- >speech. But I fail to see the "free speech" in filing a suit against some
-
- Because when you sue someone, you are asking for a HEARING.
- That's the free speech. You are asking to voice a case before your peers.
- That's all.
- That's not a settlement, that's not a judgment, it doesn't say that you
- will win, and as others have pointed out, just the prep work can severely
- impact a small business. Not because it's independent of a farmer,
- a manufacturer, etc.
-
- >You might then consider
- >whether "he looked at me funny" is sufficient grounds to totally devastate
- >you partners' lives for a few years.
-
- That's right. And a Judge would probably throw it out, but you can sue.
- But you have to get to the point where the Judge thoses it out.
-
- >>you will get a settlement, it does not mean you will win, but you can sure
- >>put the fear of God in some people. Cause them to spend sleepless nights
- >>and spend money on a defense lawyer.
- >
- >Exactly the point. You ever known anyone on the receiving end of such a
- >suit, Eugene?
-
- Yep. They were looking at the house, the mortgage, etc. going up in smoke.
-
- >No reasonable motive except "to put the fear of God" into the
- >defendant? Not a pretty sight. And the more the "fear of God" motive, the
- >more vicious the suit becomes. Lives are destroyed, living hells are enacted.
- >I guess these patriotic citizens are pretty excited about the
- >profit-making potential of the 1st Amendment. Beats "Wingo," eh?
-
- Welcome to America. Visit a court. Take a look at the paperwork.
- We did this in high schoool, it will show you how the term The Pen is
- Mighter than the Sword has some truth to it.
-
- From: ghill@dot.cs.colorado.edu (Gregory Hill)
-
- >I hope the above is sarcasm.
-
- Some of it was.
-
- >Let's distinguish between the right to sue and the
- >integrity involved in exercising the right.
-
- It's a good distinction.
- Consider the 1st Amend.: consider adding a clause or an amendment saying
- that you can't speak against the 1st Amend. because you love it, find it
- sacred. Sort of like flag burning laws. And your thinkning below
- indicates this.
-
- >Remember the childhood story about
- >the boy who cried wolf? It's the same way with KKK demonstrations and free
- >speech ... sure, their right to demonstrate should not be taken away from
- >them; that does not mean that what they are doing is right. Similarly
- >for nuisance lawsuits.
-
- That's right, I might not agree with your opinion, but in the US I defend
- your right to say what you will.
-
- Hugh wrote:
- I like what Hugh said as his closing line. We are in the thick of things.
- >I don't think so: we in NZ have all the rights of "free speech", yet have no
- >rights to sue for accidents.
- >It's a two-edged sword. Our state-funded Accident Compensation scheme no
- >longer pays out as generously as before. Payments for "loss of enjoyment
- >of life" have been discontinued for example. There is a possibility that
- >the law will be changed to allow sueing after all.
-
- You got part of it. America has yet to change it's views.
-
- >May we live in interesting times :-)
-
- I like them. Interesting technical and social problems. Want to
- live in dull times? 8^)
-
- I'm not so interested in continuing the discussion at this point.
- When a person from Berkeley posts on the Subject and doesn't bother to
- say go over to the local Law School, that's laziness beyond my interest.
- I'll do what I did with the r.b. Giardia post and perhaps scan in the
- case law on this issue. I don't know if I'll take Bill's case or
- one of the Chouinard cases or someone else's, but I will go off and find it.
-
- --eugene miya, NASA Ames Research Center, eugene@orville.nas.nasa.gov
- Resident Cynic, Rock of Ages Home for Retired Hackers
- {uunet,mailrus,other gateways}!ames!eugene
- Second Favorite email message: Returned mail: Cannot send message for 3 days
- A Ref: Mathematics and Plausible Reasoning, vol. 1, G. Polya
-