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Fire_Emblem_Master
Chief Captain
Joined: Oct 19, 2003
Posts: 2453
Location: Grand Rapids, MI |
 Posted: Thu Nov 24, 2005 3:53 am |
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Hey guys. I've got a dispute going on with a buddy of mine. My friend claims that if someone got pissed at him, and wrote him an email telling him why they're all pissed off and how they never want to see them again, he can file charges and prosecute.
I said that if the person did not threaten him in any way, no legal action can be taken.
Which is right?
We live in Michigan, USA |
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WarHawk42
Captain
Joined: Jun 14, 2004
Posts: 825
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| Posted: Thu Nov 24, 2005 3:59 am |
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I would say you are right, as long as there is no threat. Since the email was sent to the person they were angry at there could be no libel for slander of defamation either, it is a private conversation.
I don't see any kind of legal action that could be taken. |
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Fire_Emblem_Master
Chief Captain
Joined: Oct 19, 2003
Posts: 2453
Location: Grand Rapids, MI |
| Posted: Thu Nov 24, 2005 4:01 am |
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Score one for FEM (This actually did happen about 4 weeks ago...this kid hated him...blah blah blah.) |
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jarred_01
Chief Captain
Joined: Aug 29, 2005
Posts: 1037
Location: Hamilton, New Zealand (NZHN) |
| Posted: Thu Nov 24, 2005 6:08 am |
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I agree with Warhawk, I would highly doubt they can do anything as they were not threatened. |
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CrashGordon
Chief Captain
Joined: Jun 20, 2005
Posts: 4668
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| Posted: Thu Nov 24, 2005 7:11 am |
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If it were a criminal offense to tell someone you don't like them and never want to see them, "Dear John" letters would get the writer jail time. If there is no threat., there is no crime.
About the only exception I can think of is if you keep sending letters or emails suggesting gruesome things, a charge of unlawful harrassment might be in order. CrashGordon
CEO, Omega-Air Virtual airlines |
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mypilot
Chief Captain
Joined: Nov 26, 2004
Posts: 1925
Location: Long Beach, California KLGB/KTOA |
| Posted: Fri Nov 25, 2005 11:36 pm |
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In California, I think this is correct if someone is purposely falsely slandered in public that they could be seued/sewed (whatever the spelling of it is  ) |
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WarHawk42
Captain
Joined: Jun 14, 2004
Posts: 825
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| Posted: Fri Nov 25, 2005 11:47 pm |
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mypilot wrote:In California, I think this is correct if someone is purposely falsely slandered in public that they could be seued/sewed (whatever the spelling of it is )
In this case the email is a private communication, no slander involved since it isn't made public by the sender. |
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CrashGordon
Chief Captain
Joined: Jun 20, 2005
Posts: 4668
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| Posted: Fri Nov 25, 2005 11:48 pm |
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That is true in most places. One can be sued for slander or libel.
However, if I send some one a letter that says, "I hate you because you have bad breath, body odor and gas. I don't want you anywhere near me", I can't be sued. Since I am telling the person directly and no one else, no defamation has legally occured. CrashGordon
CEO, Omega-Air Virtual airlines |
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Insight
Chief Captain
Joined: Feb 17, 2005
Posts: 1273
Location: UK, South East |
| Posted: Sat Nov 26, 2005 1:05 am |
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you are of course forgetting we are talking about the US of A here...
a place where a man had an itch in his nostril, put a drill in it and turned it on to scratch the itch - subsequently tore his nose off and then went about sueing the manufacturer for not providing a warning sticker saying "do not put in nose and switch on"
AND where a woman sued after burning her self with a cup of coffee she just bought because it didn't say "hot" on the side...
anything could happen people 
in fact, i will probably get sued for writing this post |
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WarHawk42
Captain
Joined: Jun 14, 2004
Posts: 825
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| Posted: Sat Nov 26, 2005 2:22 am |
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We have to keep all those lawyers working. 
We do have the highest number of lawyers per capita in the world and it's silly things like you pointed out that keep them in business. |
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CrashGordon
Chief Captain
Joined: Jun 20, 2005
Posts: 4668
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| Posted: Sat Nov 26, 2005 3:55 am |
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You can sue for any reason. Even a ridiculous reason. Winning is a different story. CrashGordon
CEO, Omega-Air Virtual airlines |
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99jolegg
Chief Captain
Joined: Jun 26, 2004
Posts: 5429
Location: UK |
| Posted: Sat Nov 26, 2005 2:03 pm |
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Insight wrote:you are of course forgetting we are talking about the US of A here...
a place where a man had an itch in his nostril, put a drill in it and turned it on to scratch the itch - subsequently tore his nose off and then went about sueing the manufacturer for not providing a warning sticker saying "do not put in nose and switch on"
AND where a woman sued after burning her self with a cup of coffee she just bought because it didn't say "hot" on the side...
anything could happen people
in fact, i will probably get sued for writing this post
....and the woman who put her dog in the mircowave when it came in from the rain to dry him quickly. He died, she sued the microwave manufacturer and won  Click below to support FSF:
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Greekman72
Chief Captain
Joined: Jun 15, 2005
Posts: 7055
Location: Hellas |
| Posted: Sat Nov 26, 2005 4:35 pm |
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....and the woman who put her dog in the mircowave when it came in from the rain to dry him quickly. He died, she sued the microwave manufacturer and won
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