[bigharrybiker]

What is the difference between legitimate criticism and slander?

[excon]

Hello big:

Criticism is opinion. Slander is a lie.

excon

[ScottGem]

Criticism is something that can be proven, either by fact or logic. Slander (or libel) involve false statements.

[LUNAGODDESS]

Reasonable and Justifiable disparagements and disapproval usually belittles an action or a person or a people are legitimate criticism, sometimes criticism is used to censure a thought.

Denigration and insult and malign, swear, vilify, defame are adjectives for slander is an attempt to cause serious harm to a person or a people...

[excon]

Hello again, bigharry:

It's true, that while insults, denigration, vilifying, etc. are torts and can be recovered from, they are NOT slander. They are perfect candidates for a "defamation of character" lawsuit.

Slander, on the other hand, is simply a SPOKEN untruth - period. A written untruth is libel. Calling someone an abuser (to a third party, if not true) is defaming them. Saying they hit their wife (to a third party, if not true), is slander. Accusing the party directly of hitting his wife (whether true or not) is criticism.

If you tell someone that you don't like chocolate ice cream from a particular store, that's criticism. If you tell someone that chocolate ice cream from that store had rocks in it, when it didn't, that's slander.

excon

PS> So, dude, why don't you tell us who said what to who, and who didn't like it. That'll be a lot easier.

[bigharrybiker]

OK you asked for it. I had this posted on my own web site which I still maintain and have turned into a blog site. I ran for president of my union local in April and lost. One of the two delegates I did not name in the following, beat me having run a dirty campaign, with the full support and help of the other, back in April. I still have the leaflets they put around back then, flat out calling me a liar using my name on them. I have been charged under the union constitution with slander and wilfully wronging them and circulating false reports to the membership. The $3000 is a ball park figure I came up with using internet booking information, hotels, transportation, per diem expenses I know for sure and lost time wages for one person for two days. I am told I am over by $750 but I have not seen the actual expense voucher proving that. I travelled on the cheap at my own expense. This is an internal action, it is not a real court action, its more like a kangaroo court action in my opinion. About the worst consequence to me is that if they get me found guilty then I would be unable to run again for election next time in 2009. I want to run again and they know it. When these guys noticed I had this on my web site they told me to remove it, and I did IMMEDIATELY. But that wasn't good enough for them they then demanded I get rid of my entire web site. I refused and then they came after me for this. In my opinion I think these guys are hypocrites what do you think? Is this slander or legitimate criticism?

This is a picture of me at the national NDP convention in Quebec City. Our local sent two delegates at a cost of about $3000. They flew in and stayed at an upscale hotel in the old city and appeared disinterested for most of the time they that I saw them on the convention floor. I can say that I drove up, paid my own way, staying in a $40 a night motel. I would have done it this way even if I was picked to go paid for by you members, because I don't believe in taking advantage of your dues money. What does that tell you about my character and dedication? What does it say about theirs? I just wish they would give something back to you the members, like the nice pens they handed out from our local, that you paid for; to the delegates they met there. Telling you the truth about the way they are operating has resulted in me being excluded from participating in anything since the election. Someone has to have the guts to speak out against this abuse of power and keep the pressure on them to stop it. If nothing else I am going to continue to be that voice.

This is a photo I took from Labour Day 2006. I have requested in writing to remain on all the committees I was a part of prior to the election. As of September 18th I am not getting any straight answers, just the run around. I think they are looking for excuses to exclude me and disregard my qualifications. The education I received and you paid for should continue to be used to help you. What does this tell you about their concept of democracy? You can be sure that I will never stop fighting for justice and an injury to one is an injury to all.

[excon]

Hello again big:

Sounds like criticism to me. I would hire a lawyer, though. Even though it's an in house procedure, if you're railroaded, you can file suit in a real court.

excon

[bigharrybiker]

I thought it was legitimate criticism and I am going to defend myself with the help of a very experenced advocate. You are correct that if I get railroaded I can pursue an action in civil court and I will if necessary. I forgot to tell you I got 40% of the vote on my first try so I know they are very worried about next time already. Thank you to everyone for your help and input. This is great forum.

[phoffman]

As I understand it, criticism is a very broad term encompassing positive and negative connotations. The real term to be concerned with is what is slander. In Wisconsin, and in most other states that I know of, slander is a legal term that meets a specific legal test.
1) the statement must be untrue
2) the statement must be spoken (if written, it is libel, but the other parts of the test apply)
3) the person issuing the statement must have either known it was untrue, or made reasonable efforts to determine if it was true.
4) the person issuing the statement must have meant to do harm (of any type)
5) some actual harm must have been done
For some, public officials for example, these rules are relaxed and it is much tougher to prove slander.