@11112011@freespeechextremist.com have you been served by Daniel stevens the pedophiles lawyer yet?

@a7 bro what can i say? dint heard of the legal fees cut yet so not pretending, this bitch expensive

@11112011@freespeechextremist.com I wonder if he realizes threatening to sue actually makes normal internet people want to double down on possibly false statements about him

@a7 @11112011 all allegations are false until someone threatens to sue

@skells@qoto.org @11112011@freespeechextremist.com I don’t know if the statements are true or false, but I am always functioning in a satirical manner in order to make larger statements in protest about public figures, so the hustler precedent should cover me in talking about the Lolicon Daniel Steven

Follow

@a7 @11112011 I have no idea what is going on but heartily approve

· · SubwayTooter · 2 · 1 · 1

Graf threatened to sue Ethan Ralph, because Ralph called him a pedophile and said he runs a site for pedophiles. But because Ralph is in the USA, where free speech protections are pretty strong, it’s questionable whether it actually qualifies as defamation or not. IANAL (I Am Not A Lawyer), but I have read some 1A law to understand prior cases.

As far as I’m aware, the basis Ralph would have for making that claim is that poa.st allows (or allowed in the past, I don’t keep track of their rules) people to post lolicon. And frankly, on that basis alone I think he has a valid defense to a defamation claim, since a reasonable person could conceivably believe that anyone interested in lolicon is a pedophile.

I think it would come down to whether graf qualifies as a limited purpose public figure or not (I believe he might, since he has had interactions with the press and runs a rather infamous website). If he did, then Ralph’s statements would need to meet an “actual malice” standard to qualify as defamatory. Meaning not only were the statements false, but Ralph knew they were false when he made them, and had no rational basis to makes those claims. Merely allowing lolicon would probably be a sufficient basis under the “actual malice” standard, so graf would lose.

And there are a number of other defenses here, such as whether the statement qualifies as opinion, or rhetorical hyperbole, but I don’t know enough to go very deep on the analysis. Again, IANAL. Maybe @Humpleupagus can weigh in with some better analysis. But bottom line is I think it’s unlikely graf could win, unless I’m wrong and he actually does qualify as a private figure.

@dave @skells @a7 @Humpleupagus man we just joking i assume graf was drunk and it was just a shitpost but we gotta call him out now he threatened to sue me to so i just shitpost about it

@dave@gleasonator.com @Humpleupagus@eveningzoo.club graf is definitely a public figure, but much like the creeps kf catalogs he wants to have it all ways, he's public when he says he is, he thinks he decides what is remembered, he applies the rules when it conveniences him

@dave @Humpleupagus @11112011 @a7 @skells graf was drunk late at night and claimed he filed criminal charges (again, in the middle of the night). dunno why this is being discussed or being taken seriously. he's probably embarrassed about his alcoholism so anything further is him trying to cover up that he was drunkenly threatening people with lawsuits
Sign in to participate in the conversation
Qoto Mastodon

QOTO: Question Others to Teach Ourselves
An inclusive, Academic Freedom, instance
All cultures welcome.
Hate speech and harassment strictly forbidden.