N.S. court orders Mississippi blogger to pay gay couple $425,000

So... How would the Canadian court enforce the judgment anyway? It seems to me this guy is just asking for trouble by brining the issue to American courts.

Put it into a U.S. Court and you'll see a libel case in full flower.

Let us keep in mind that in the early 60's in the great State of Mississippi, publishing material that advocated equality for blacks was illegal. You faced fines and prison. Even speaking out publicly could get you fines, prison or killed.

I'm glad to see this judgement and hope the couple collects.

Karmic Justice.

nhjeff wrote:

So... How would the Canadian court enforce the judgment anyway? It seems to me this guy is just asking for trouble by brining the issue to American courts.

Canada and the US has an extradition treaty...

Leftatalbuquerque wrote:

<quoted text>
Canada and the US has an extradition treaty...

Extradition applies only in Criminal cases, not civil, and is a lengthy and complicated process.

The U.S. has no agreements whatsoever that a require it to recognize the Court decisions of any other Nation. There are a few specific exceptions with respect to a few very specific areas of trade/economics and environment concerns. Libel cases aren't included among those.

DNF wrote:

Let us keep in mind that in the early 60's in the great State of Mississippi, publishing material that advocated equality for blacks was illegal. You faced fines and prison. Even speaking out publicly could get you fines, prison or killed.
I'm glad to see this judgement and hope the couple collects.
Karmic Justice.

While people will occasionally say offensive things, I do have a problem with muzzling free speech rights. If one constitutional right goes down the toilet, what is there to prevent others from following?

Canada law has no standing in the U.S. anyway. If the couple wants to sue and collect, let them do it in the U.S. under our laws.

snyper wrote:

<quoted text>
Extradition applies only in Criminal cases, not civil, and is a lengthy and complicated process.
The U.S. has no agreements whatsoever that a require it to recognize the Court decisions of any other Nation. There are a few specific exceptions with respect to a few very specific areas of trade/economics and environment concerns. Libel cases aren't included among those.

Here is another case where we agree. Two times in less than a week...We are on a roll (LOL).

I'm going to start a blog about the FLCATOWNER and all the molestation convictions. What, you say??? Not true??? That is what this guy did for two years.

Sorry, FLBADCATOWNER. Want to get the name straight at least.

Gay Mom wrote:

I'm going to start a blog about the FLCATOWNER and all the molestation convictions. What, you say??? Not true??? That is what this guy did for two years.

No way I could sue you unless you identify me publicly as I would prefer to remain anonymous. I also wonder how many people would take such charges seriously?

If the charges are false by that blogger, I will condemn them. It is one thing to express an opinion, but it is a different thing entirely to knowingly make something up out of thin air and maliciously present it as truth.

flbadcatowner wrote:

<quoted text>No way I could sue you unless you identify me publicly as I would prefer to remain anonymous. I also wonder how many people would take such charges seriously?
If the charges are false by that blogger, I will condemn them. It is one thing to express an opinion, but it is a different thing entirely to knowingly make something up out of thin air and maliciously present it as truth.

If you read the linked article you'd know the blogger was libeling a gay couple who he had never met... And did it for more than just one or two blog posts.

And when he was served with the legal papers that informed him he was being taken to court he posted contemptuous and libelous statements on his blog about the court.

Gay And Proud wrote:

<quoted text>
If you read the linked article you'd know the blogger was libeling a gay couple who he had never met... And did it for more than just one or two blog posts.
And when he was served with the legal papers that informed him he was being taken to court he posted contemptuous and libelous statements on his blog about the court.

If what you tell me is true, what he did was contemptuous. However, if the Canadians want satisfaction in court, they need to do it in the U.S.A. as that is where the acts took place according to U.S. law and not Canadian law which has no standing in the U.S.

I've been torched by that miserable bastard at Slabbed and I enjoy seeing his ass roasted. But he is also on to something with his blogging on Nova Scotia and the connection was mentioned in the courts when the ex wife of one of the property owners changed her plea in a deal with the US Attorney.

Sop is an asshole and I am glad it came back on him.

flbadcatowner wrote:

<quoted text>If what you tell me is true, what he did was contemptuous. However, if the Canadians want satisfaction in court, they need to do it in the U.S.A. as that is where the acts took place according to U.S. law and not Canadian law which has no standing in the U.S.

As a U.S. Citizen the first court I would go to would be one in the U.S.

If I were a Canadian citizen, naturally I'd go to a Canadian Court first.

You seem to think that these two men are clueless about the law in either country. I suspect they were well aware of what they faced when they finally filed the lawsuit.

Neither you or I are experts in this field, but my guess is that without a judgement in Canada, any case brought to a U.S. Court would be tossed since they are Canadian citizens.

From what I can tell, the slander itself occurred on US soil, making this the logical place to sue. I can only speculate why they might have sued in Canada: Perhaps the fact that they live there makes it easier. Perhaps the fact that the business being attacked was in Canada gave their courts more inclination to protect them. Perhaps the strength of freedom of speech in the US makes libel cases more difficult to win than just about any other country in the world. Perhaps having the judgment in Canada will make it easier to ascertain cooperation with US authorities and courts.

nhjeff wrote:

From what I can tell, the slander itself occurred on US soil, making this the logical place to sue. I can only speculate why they might have sued in Canada: Perhaps the fact that they live there makes it easier. Perhaps the fact that the business being attacked was in Canada gave their courts more inclination to protect them. Perhaps the strength of freedom of speech in the US makes libel cases more difficult to win than just about any other country in the world. Perhaps having the judgment in Canada will make it easier to ascertain cooperation with US authorities and courts.

I suppose this is one of those infrequent times when I agree with you. You raised some interesting points which are more likely than not to be correct.

The people that sued are not Canadians. They are from Louisiana.

DNF wrote:

<quoted text>As a U.S. Citizen the first court I would go to would be one in the U.S.
If I were a Canadian citizen, naturally I'd go to a Canadian Court first.
You seem to think that these two men are clueless about the law in either country. I suspect they were well aware of what they faced when they finally filed the lawsuit.
Neither you or I are experts in this field, but my guess is that without a judgement in Canada, any case brought to a U.S. Court would be tossed since they are Canadian citizens.

well I blew it. They are U.S. Citizens.

Monica in NOLA wrote:

The people that sued are not Canadians. They are from Louisiana.

My Thanks for pointing out my error.

flbadcatowner wrote:

<quoted text>I suppose this is one of those infrequent times when I agree with you. You raised some interesting points which are more likely than not to be correct.

Actually, I think we agree on many issues. We probably even agree on some GLBT issues. But since we're on a GLBT forum, we don't get many chances to pat each others' backs.