re:  Legal Advice
 
>Markos wrote:  I am not a lawyer (although I start law school in August)...
 
As a former law professor and professional journalist, I must comment on the
information Markos shared with the FML yesterday.  The truth IS NOT a valid
defense from a defamation suit in the eyes of the law.  I know it sounds
absurd, but there is much about the law that is patently absurd.
 
First, most people do not understand the actual meaning of the First
Amendment.  The First Amendment only prevents prior restraint of speech --
it does not provide a blanket protection following publication or utterance
of speech that one finds defamatory.
 
Second, Mr. Kozak IS NOT a public figure.  That is, he did not willingly
thrust himself into the public view to further an agenda or cause.  Rather
he is a "vortex public figure." That is, one who by circumstances finds
himself in the public view.  Mr. Kozak did not seek out media attention to
further his case.  The media was contacted by those attempting to save the
ferrets in the NJ case.  As such, Mr. Kozak is offered broader protection
from attack in a public forum.  Markos, I suggest you read TIME, Inc.  v.
Firestone for the precedent here.
 
Third, the FML is a public forum moderated and edited by BIG.  As such, BIG
is the publisher of the FML and becomes a party to any action someone may
choose to take against defamatory statements.  This is one of the most
important points -- we know that Mr. Kozak is willing to seek legal remedy
for injuries he feels he has suffered.  While I have no objection to any one
individual making attacks on Mr. Kozak or against anyone else, I would not
like to see an innocent party -- especially Bill in this case, drawn into
the fray.
 
Fourth, one may NEVER publish lies or deliberate falsehoods about anyone --
public or private figure.  That clearly indicates malice and is defamation
of character, and is actionable under the law.  If anyone doubts the
validity of this, check the various lawsuits filed against the National
Enquirer by such public figures as Carol Burnett and Johnny Carson.
 
Fifth, a defamation lawsuit (or any lawsuit for that matter) is a long,
nerve wracking, time consuming, and expensive process.  Win or loose, a
defendant will find him or herself out of a great deal of money.
 
Finally, shelters should immediately institute a screening process of all
potential adoptive persons.  Have the person in question fill out a
questionnaire and present at least two forms of photo identification.  Do
not permit same day adoptions -- require a waiting period to permit an
investigation of the person(s) seeking to adopt a ferret.  By having written
forms, the shelter would have legal protection under contractual law.
Anyone giving false information on a contract (e.g.  a false name)
immediately voids the contract and the property can be recovered through due
process.
 
Markos , I wish you well in your legal studies.  You seem to have a desire
and energy to do a good job.  However, you need to gather your ducks a
little more efficiently before giving a legal opinion.  The information you
shared had the potential to cause serious legal and financial damage to
those less well informed.
[Posted in FML issue 1612]