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Post by Swimmy on Jan 6, 2010 22:39:57 GMT -5
This makes for very good headlines. But it took a Federal Circuit Court of Appeals court to order topix to comply with information subpoenas in the south west for a civil libel suit. You really think the da is going to seriously challenge topix to the 2nd Circuit just to get investigative information? The expense of going through that much litigation JUST TO GET THE NAMES OF THE DEFENDANTS, not to mention actually litigating the actual merits of the case. The case in the southwest was an extreme situation. The rest of the time, the damages don't hold enough money to warrant the expense of suing, hence why topix has gotten away with such unregulated posting on its forums. I'm sure the only reason this came to light is because donna d is hurt that people really don't like her. And rather than hire her own attorney, why not have the taxpayers pay for it for her? Same goes for the mayor. Swimmy, is there a difference between the DA's office investigating these death threats on Topix to the recent letter in question sent by one of our legislators? With both, the taxpayer has to foot the bill. Honestly, not defending the OD or anyone who works there or the Mayor, I feel a death threat is not something to be taken lightly, especially with all the nuts in this world today. It sure as hell is far more important then the letter by the legislator being investigated. I do think there is a difference. With the death threats on topix, it was not directly communicated to them. It is very different from the person who left a voicemail threatening to kill governor patterson. The threat was conveyed directly to the governor. Here, it was posted on an anonymous web forum. The question I would ask is whether such a threat posted on such a forum rises to the level of seriousness that a voice mail to the governor's office is equal to. I'm not sure it is. Why was a death threat posted? Was it for shock value or because someone is actually planning on killing the mayor and dirty d? Often times, the authors on topix seem to be a bunch of prepubescent morons trying to make themselves feel better after the locker stuffing they received in grammar school that morning. There seems to be a difference also between an anonymous death threat on topix because the letter was delivered with the intent to seek revenge and disdain for a fellow politician with allegations that seem to be false embellishments. Arguably, the elements of aggravated harassment have been satisfied. And that again was a direct communication to the alleged victims.
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Post by Swimmy on Jan 6, 2010 22:54:10 GMT -5
Dave, I don't disagree that an editor has discretion over what is printed in the name of selling a paper. For example, I think it's well within the paper's discretion to focus on Utica politics over other municipalities, the headquarters is based in Utica... And I don't disagree with your suggestion that there is no constitutional requirement that they print the truth, otherwise yellow journalism would have been abolished long ago. However, during the 60s, 70s, and 80s the press took it upon themselves to report the truth. The birth of FOIL laws came as a result of the press's insistence of "the people's right to know." But aside from the press's self-imposed duty to print the truth, I don't think there is a legal requirement for them to be truthful (I don't think I'd support such a requirement considering the varying degrees of truth). The press should not just be a blind slave to the government, which is exactly what the disgrace has become. Some of the more recent articles published lately have instilled new hope that the disgrace can be more than lining of my cats' litter box. But that hope is extremely fragile and ready to break any moment.
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Post by bobbbiez on Jan 6, 2010 22:57:15 GMT -5
Swimmy, is there a difference between the DA's office investigating these death threats on Topix to the recent letter in question sent by one of our legislators? With both, the taxpayer has to foot the bill. Honestly, not defending the OD or anyone who works there or the Mayor, I feel a death threat is not something to be taken lightly, especially with all the nuts in this world today. It sure as hell is far more important then the letter by the legislator being investigated. I do think there is a difference. With the death threats on topix, it was not directly communicated to them. It is very different from the person who left a voicemail threatening to kill governor patterson. The threat was conveyed directly to the governor. Here, it was posted on an anonymous web forum. The question I would ask is whether such a threat posted on such a forum rises to the level of seriousness that a voice mail to the governor's office is equal to. I'm not sure it is. Why was a death threat posted? Was it for shock value or because someone is actually planning on killing the mayor and dirty d? Often times, the authors on topix seem to be a bunch of prepubescent morons trying to make themselves feel better after the locker stuffing they received in grammar school that morning. There seems to be a difference also between an anonymous death threat on topix because the letter was delivered with the intent to seek revenge and disdain for a fellow politician with allegations that seem to be false embellishments. Arguably, the elements of aggravated harassment have been satisfied. And that again was a direct communication to the alleged victims. But the death threats was written, posted and made public. The persons making the threats are only anonymous until they investigate and divulge their identity. How could they not be prosecuted?
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Post by Swimmy on Jan 6, 2010 23:07:27 GMT -5
I'm not saying that they can't be prosecuted, just that I think the difference is that these death threats were not made and delivered directly to the mayor's office. I'm certain someone who monitors the site made the report to them. On the old od forum, there were plenty of un-investigated death threats all the time. The posts were simply deleted. At least there, everyone had to register a username.
I didn't mean to imply that the death threats aren't serious, but because of their nature, more should be considered. I'd be more wary of the hand-delivered letter telling me I'm going to be murdered or the voice mail left with my secretary that the messenger is going to kill me over some seemingly idle threat made over the ubiquitous Internet. In the first two scenarios, you can readily determine who those people are, and they've made their identities public by virtue of leaving those threats they delivered directly to their targets. With the topix posts, they were posted on a forum that is not directly tied to the mayor or dd (I wonder if dd stumbled upon the threats while trolling for news stories to slaughter). And if not for someone reporting to them that death threats were made, they would never even know, as opposed to a hand-delivered letter or voice mail directly to the intended victim.
But I really don't think the county is going to be willing to go through the expense of litigating topix to turn over the identifying information. As I said, it took a federal circuit court of appeals to order topix to turn over the identifying information, and that was filed in federal court. Here, we have low-level county court judges. I just have a hard time seeing this go any further than mere headlines.
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Post by Swimmy on Jan 6, 2010 23:08:05 GMT -5
And who knows, maybe I'll end up being wrong. There's always a first just kidding, it wouldn't be the first time.
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Post by wcup102 on Jan 6, 2010 23:17:50 GMT -5
Clip, thanks again for letting me share your IP address. I only posted once on topix, I swear.
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Post by bobbbiez on Jan 6, 2010 23:38:46 GMT -5
In today's sick society with so much horror taking place anyone would be rather stupid to throw out death threats without it coming back and biting them right in the a**, as it should. I remember a few years back when we had death threats aimed in our direction. It was found out by an informant and it had all of us in quite a state for a long time. Especially, when we received phone calls all hours of the day and night and a rock thrown through our window at our house and one of our vehicles. Not something I'd wish on anyone. Words said by some easily, but if heard, not so easy to not take all very seriously by those threatened.
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Post by bobbbiez on Jan 6, 2010 23:40:00 GMT -5
Clip, thanks again for letting me share your IP address. I only posted once on topix, I swear. I LOVE IT!!!!!!!!! ;D ;D ;D ;D ;D
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Post by Ralph on Jan 7, 2010 1:25:36 GMT -5
Clip, thanks again for letting me share your IP address. I only posted once on topix, I swear. And you told me I was the only one Clipper!!! ..... sniff..... sniff.....
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Post by Clipper on Jan 7, 2010 11:20:39 GMT -5
That's okay Ralph. Revenge is sweet. I am presently searching for a gay masochist dating site to place his cell phone number on. Would it be inappropriate to tell them where he works or to show him playing with his handcuffs?
Hey, if that works out, I can post THAT site on Topix, and put his cell number up here too, haha!
Ooops I forgot he is in law enforcement and that HE carries the gun and taser. I may be singing " I fought the law and the law won" if I bust'em on him too much. Do those taser darts leave a scar?
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Post by bobbbiez on Jan 7, 2010 11:38:41 GMT -5
That's okay Ralph. Revenge is sweet. I am presently searching for a gay masochist dating site to place his cell phone number on. Would it be inappropriate to tell them where he works or to show him playing with his handcuffs? Hey, if that works out, I can post THAT site on Topix, and put his cell number up here too, haha! Ooops I forgot he is in law enforcement and that HE carries the gun and taser. I may be singing " I fought the law and the law won" if I bust'em on him too much. Do those taser darts leave a scar? Only on your dupa where he'd be aiming cause you'd be running away from him. ;D ;D ;D Now, If it were me, I'd have a different target on you.........and it ain't your mouth.
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Post by Swimmy on Jan 7, 2010 11:56:14 GMT -5
His knee? I bet it's his knee. Is it his knee?
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Post by bobbbiez on Jan 7, 2010 12:16:24 GMT -5
His knee? I bet it's his knee. Is it his knee? You're getting warmer.
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Post by Clipper on Jan 7, 2010 12:21:48 GMT -5
She must be speaking of my shin bone Swimmy. That would make sense if you were getting warm when you said my knee.
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Post by bobbbiez on Jan 7, 2010 12:27:44 GMT -5
She must be speaking of my shin bone Swimmy. That would make sense if you were getting warm when you said my knee. Up a little higher. My aim ain't that good any more so you're knee and shin bone just might be hit as I work my way up. ;D
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