Holy Moley!! Well, yes, I honestly did expect some reaction to my most previous blog entry, but I absolutely did NOT expect to be buried in messages! Apologies for being unable to answer everyone individually due to the sheer volume, but thank you VERY MUCH to each and every one of you for the ongoing support!!! 🙏🙏🙏
The gist of nearly all the communiques has been this:
“If you are so sure that a crime has been committed against you, why don’t you involve the police?”
The answer might surprise you: Defamation is not a crime.
Yup, Seriously. Trust me, when I first heard this years ago, I was as surprised as most of you probably are right now. But the fact remains; defaming someone is not a crime. Instead, it is what is called a “Tort”. I have never taken the bar exam in NYS. I am NOT and never have been an attorney practicing in NYS. NOTHING which I ever say should ever be taken as legal advice by anyone, cuz that would be dumb. I am also not going to turn this blog into a mini legal primer, but the fundamental differences between a “Crime” and a “Tort” are these:
1. A Crime is an offense considered to be egregious enough so as to affect society as a whole, whilst a Tort is usually egregious only toward one individual, or in very rare occasions, a small group.
2. A Crime generally involves the alleged offender at least risking the loss of their liberties through incarceration – i.e.; one can theoretically go to jail for a Crime as a means of re-paying society for one’s offense. A Tort victim is usually compensated monetarily, and there is generally not a risk of the loss of the offender’s civil liberties.
3. A Crime is an illegal act which happens mostly (but not always) intentionally, with the intent of the offender to be the obtaining of some illegal benefit. A Tort is often (but not always) due to negligence and not necessarily intent, but is nonetheless illegally damaging to the victim.
Of course, the whole legal picture is much more complicated than this, but these fundamentals are enough for everyone to understand why both the purported and whom I believe to be the actual author of the increasingly notorious and nearly completely false Eight Pages of Toilet Tissue (found HERE) as well as the currently sitting GFA board made an INCREDIBLY dumb mistake at the 2019 GFA AGM. There are exceptions, ofc, but generally speaking, in this country, EVERYONE – me, you, the currently sitting GFA board, EVERYONE – is absolutely and very correctly entitled to both hold their opinions and to freely express those opinions. What we cannot legally do is represent our OPINIONS as “Fact” when they are only opinions and not actually facts whatsoever. This repeated gross misrepresenting of OPINIONS as nearly wholly untrue “Fact” is what was repeatedly done in the Eight Pages of Toilet Tissue; OPINIONS were repeatedly falsely presented as “Fact”, with the obvious intention of falsely and maliciously damaging my reputation and standing within the GFA community sufficiently so as to cause harm to me and benefit to the currently sitting GFA board. And that is basically the definition of the illegal action defined as the Tort of Defamation under relevant NYS statutes.
Please do not misunderstand me: I very strongly believe that absolutely EVERYONE (including the likes of asinine andie cullen, bungling billie figiber and mystifying mike mcguinness) is entitled to not only hold but to freely express their opinions. But when anyone falsely represents what are only their OPINIONS as being “Fact” in order to dishonestly damage another, doing so is not only morally reprehensible and clearly indicative of deeply serious character flaws, it is actually illegal. And that is precisely what occurred within the Eight Pages of Toilet Tissue. And those Eight Pages of Toilet Tissue and all the illegality surrounding them were and are controlled by the same individuals who are now controlling literally millions of our and our descendant’s dollars. Yipes.
The most surprising part of this whole fiasco is this: The really BIG poopies have not even hit the fan yet. We are just getting warmed up, so I urge you to stay tuned……
Together, we really CAN do MUCH better.
Thank you very much for your DEEPLY appreciated ongoing support in 2019, 2020, and beyond!! :-)