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Yelling Fire!



The analogy breaks down, in that while a person does not have the right
to deliberately cause harm using what they know to be false statements,
there are caveats.  The injured person has the burden of proving:

1.  That the "yeller" was knowledgeable about the subject, and knew
they were lying (you get out of jail free if you're stupid, or if the other
person can't prove you're smart) - this is called libel
2.  That the "yeller" knew it would cause harm (you get out of jail free if
you're stupid, and don't understand that actions have consequences) -
this is called "absence of malice"
3.  That the harm was DIRECTLY attributable to the libelous statements
made with malice aforethought.

This is from my son the lawyer, with whom I've held informal soap box
sessions.  Truth be told, he doesn't think it's fair either, since many of his
clients are on the receiving end of stupidity campaigns.
Respectfully,

George R. Cicotte
Health Physicist III
Ohio Dept. of Health, Bureau of Radiation Protection
Nuclear Material Safety Section
gcicotte@gw.odh.state.oh.us

DISCLAIMER:  The Governor and I don't agree on everything, and this
may be one of those times. . . unofficial unless notified otherwise, and
not legally binding nor particularly valuable.