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LIBEL.ANA
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1989-04-11
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..comment
: LIBEL Version 1.0 Copyright (c) 1985 Clarkson Software
(Brad Broughton & WDH)
..type
: LIBELOUS TERMS
This section of the analyzer checks for libelous
terms. According to the _American _and _English _Encyclopedia _of _Law,
"A libel is a malicious defamation expressed either by writing or printing
or by signs, pictures, effigies or the like; tending to blacken the memory of
one who is dead, or to impeach the honesty, integrity, virtue or reputation,
or to publish the natural or alleged defects of one who is alive and thereby
expose him to public hatred, contempt, ridicule, or obloquy; or to cause him
to be shunned or avoided, or to injure him in his office, business, or
occupation."
..clear
..type
:Terms such as the ones below may be reclassified into four kinds of
libel per se:
1. Accusations or imputations of crime.
2. Statements or insinuations of insanity or of loathsome or contagious
disease.
3. Assertions of lack of capacity to conduct one's business or profession.
4. Any expression which tends to bring public hatred, contempt, scorn, or
ridicule.
Think TWICE and then check TWICE before you use one of these terms or phrases
to refer to a person or organization.
..clear
..type
:NOTE: This analyzer cannot contain all words that might at some time be
judged libelous. Many words in themselves are not considered libelous, but
become so in context. The point of this exercise is to confirm for you that
you should use extreme care in choosing what you say about a person. Anger with
a person may cloud your judgment, so don't expect to "get even" or to "fix"
someone by using strong abusive language to or about him or her. NEVER write
and send a message in anger or revenge.
(Some of the terms in this section are taken from Murphy and Peck, _Effective
_Business _Communications; Paul Ashley, _Say _It _Safely; and Bruce Sanford,
_Synopsis _of _the _Law _of _Libel _and _the _Right _of _Privacy).
..clear
..word
:.
.Abortionist 1
:You use the term "abortionist." This is a hot term these days. You should
choose a phrase or word less likely to inflame or insult the reader.
.Adulterer 1
:You use the term "adulterer." You accused someone of a crime; it certainly
is a word that is likely to inflame or insult the reader. Avoid doing so.
.Adultery 1
:You use the term "adultery." You should choose a phrase or word less likely
to inflame or insult the reader.
.Alcoholic 1
:You called someone an "alcoholic." You had better be sure that he or she
suffers from the disease of alcoholism. Just drinking a lot doesn't make
someone an "alcoholic" in the eyes of the law.
.Anarchist 1
:You use the term "anarchist." You should choose a phrase or word less
likely to inflame or insult the reader.
.Atheist 1
:You use the term "atheist." You should choose a phrase or word less likely
to inflame or insult the reader. A person's religious beliefs or lack thereof
certainly is none of your business. Avoid this term.
.Bankrupt 1
:You use the term "bankrupt." You should choose a phrase or word less
likely to inflame or insult the reader.
.Bastard 1
:You called someone a "bastard." Don't insult the reader or his background with
such an inflammatory term.
.Bigamist 1
:You use the term "bigamist." You should choose a phrase or word less
likely to inflame or insult the reader. This will get you in big trouble with
a lawsuit. Can you prove he or she has committed bigamy?
.Blackguard 1
:You use the term "blackguard." Do you realize that this term means someone
who is unscrupulous, and hence will do anything to gain his or her ends? You
should choose a phrase or word less likely to inflame or insult the reader.
.Blackmail 1
:You use the term "blackmail." This states that someone is guilty of the
crime of blackmail. Can you prove that in court? You may have to try to prove
it if you use the term.
.Blackmailer 1
:You use the term "blackmailer." This states that someone is guilty of the
crime of blackmail. Can you prove that in court? You may have to try to prove
it if you use the term.
.Blockhead 1
:You use the term "blockhead." You should choose a phrase or word less
likely to inflame the reader by insulting his or her intelligence.
.Booze-hound 1
:You use the term "booze-hound." You should choose a phrase or word less
likely to inflame or insult the reader. The offensive connotation of this term
makes it legal dynamite when it is used to describe someone.
.Bribe 1
:You use the term "bribe." You had better be able to prove in court that
someone took or offered a bribe before you throw this term into your writing
or speech. Otherwise, you'll end up in a lawsuit for libel.
.Bribery 1
:You use the term "bribery." You had better be able to prove in court that
someone took or offered a bribe before you throw this term into your writing
or speech. Otherwise, you'll end up in a lawsuit for libel.
.Brothel 1
:You use the term "brothel." To say that someone owns, runs or even visits a
brothel is to accuse them of illegal activities. Can you prove it to a judge
and jury? You must have such proof before you use the term.
.Charlatan 1
:You use the term "charlatan." This term does not refer to someone from
Charlotte, NC, but rather it calls someone a fraud, a faker, or a quack. Can
you prove that?
.Collusion 1
:You use the term "collusion." This word accuses someone of making a secret
agreement with another for illegal or deceitful the purposes. Are you certain
that such a deal was made, or does it just appear so? Can you prove it? If
not, then don't accuse someone of it.
.Communist 1
:You use the term "Communist." Someone's political beliefs may appear to be
Marxist, or Communist, but unless you can prove that he or she is an actual
member of the Communist party, then don't call him or her a Communist.
.Corruption 1
:You use the term "corruption." To accuse someone of corruption is to accuse
them of performing or of tolerating dishonest practices. Appearances may be
deceiving; get facts that will stand up in court before you accuse someone of
this.
.Coward 1
:You use the term "coward." One of the lowest of insults is to accuse someone
of actions caused by disgraceful fear. That hits a person in the core of his
or her moral being, and is one of the most inflammatory of insults. You'll need
substantial proof in court to defend yourself on this one.
.Crook 1
:You use the term "crook." Can you prove that someone is dishonest? Have you
evidence that they perform dishonest actions? Don't use the word unless you
can prove it.
.Crooks 1
:You use the term "crooks." Can you prove that someone is dishonest? Have you
evidence that they perform dishonest actions? Don't use the word unless you
can prove it.
.Deadbeat 1
:You use the term "deadbeat." Can you verify that someone doesn't pay his or
her bills, and tries to avoid settling his or her financial obligations?
You had better have a lot of information for this trial in court.
.Deadhead 1
:You use the term "deadhead." You insult someone's intelligence; you call
them stupid. You should choose a phrase or word less likely to inflame or
insult the reader's intelligence.
.Defaulter 1
:You use the term "defaulter." This term denotes non-payment of financial
obligations. Can you prove that the person deliberately chose not to pay? Can
you substantiate that he or she had not made arrangements for payment, unknown
to you?
.Disgraceful 1
:You use the term "disgraceful." Did the action referred to really cause the
loss of esteem to the individuals involved? Did it bring about humiliation or
ostracism? If not, then don't say it.
.Dishonest 1
:You used the word "dishonest." This is one of the lowest of insults. Can
you prove that someone uses deceptive and illegal means to accomplish his or
her ends? Can you prove that he or she lacks honesty or trustworthiness?
.Dishonesty 1
:You used the word "dishonesty." This is on