Next steps in extortion case - ideas?

William Herrin bill at herrin.us
Sat Jul 5 17:27:30 UTC 2014


On Sat, Jul 5, 2014 at 11:59 AM, C. A. Fillekes <cfillekes at gmail.com> wrote:
> IANAL but I believe criminal defamation is (ta-da!) a criminal offense.

Only 17 of the 50 states have criminal defamation laws and in half a
century only 16 cases have resulted in conviction. More, a 2012 ruling
by the U.N. Commission on Human Rights found that criminalization of
libel is inconsistent with Article 19 of the International Covenant on
Civil and Political Rights, making prosecutors that much less willing
to file defamation charges based on your complaint.

Libel is a civil tort. Pursuing it as a crime won't work out for you.

Also, you don't generally file a class action suit unless the class is
(A) large and (B) readily identified. When you have 16 actual
plaintiffs you file suit with 16 actual complaints. Much easier to
win.

I concur with the suggestion to ask folks at the Electronic Frontier
Foundation to refer you to a good U.S. lawyer. That's a smart move.
The Anti-Defamation League may also be of help though this sort of
thing isn't quite their bread and butter.

Regards,
Bill Herrin



-- 
William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
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