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Old 03-29-2014, 06:00 PM   #54 (permalink)
redpoint5
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Quote:
Originally Posted by Hersbird View Post
Recording it is one thing, posting up to social media for no other reason then to shame the guy is pretty much the definition of defamation.
It's not even remotely the definition, and no court in this land would hear the case.

Defamation

noun
the act of defaming; false or unjustified injury of the good reputation of another

The recording is a factual, unbiased account of events. Sharing video that was recorded in a public space is the right of every citizen (or should be in the few remaining areas that restrict it).

Sharing the events with the public is a useful tool for appropriately shaming the offending driver.

Quote:
Originally Posted by XYZ View Post
Broadcasting his name, address and phone number is very close to incitement to harassment. Technically, that may not be illegal, but your doing that shows retribution on a personal level as a motive. Even though the guy was reckless and he may be convicted for his illegal acts, his punishment should not be increased by inciting the public to harass him.

..."When determining the difference between simple rudeness and criminal harassment, authorities are likely to consider issues such as the attacker’s apparent intent, the frequency of the remarks or postings, evidence of premeditation or information gathering, whether others were encouraged to participate in these acts and whether remarks or attacks were directed specifically at the victim.
I agree that Frank's sharing of public information may be close to incitement to harassment, but not quite. Frank has wisely chosen to refrain from suggesting that anyone should act negatively towards Mr. White. His post contained only facts, with some humor thrown in for entertainment.

Had Frank actually incited harassment, I would be admonishing right along with you. Since that next step was never taken, I have nothing but congratulations for Frank.
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