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Showing content with the highest reputation on 01/06/2021 in all areas

  1. peezy28

    OldSchoolLion

    I don't believe there is grounds for there to be a lawsuit against anonymous poster "Peezy28, or Jambun, or Perspective, or FloridaHSFootball." I think perhaps they could "try" to sue Josh but that is like me trying to sue Facebook for one of its posters making an false statement about me. This was a scare tactic and essentially them trying to throw their weight around... IMO. If only there were someone that knew the law who could tell me if I were right or wrong here @Perspective
    2 points
  2. Perspective

    OldSchoolLion

    Peezy, A couple of quick thoughts/observations: We have a common friend who undoubtedly knows this area of the law better than I do. It might be worth reaching out to him if you happen to know any wild Turkey calls? In short, I think you are correct. But let’s break this down a little, as we have a couple of different potential issues. The first issue is whether a defamatory statement has been made (and, just in case you wondering, libel is simply defamation in written form). Under Florida law, defamation is basically defined as a false statement of fact communicated to a third party that is intended to harm the reputation or financial well-being of a person or business. To repeat, for a comment to be defamatory, it would have to be a statement of fact and not an opinion. Also remember what you no doubt have often heard: truth is a defense. In other words, if I say “Jim is a thief” and it turns out that Jim has been convicted of theft, my comment would not be defamatory because my statement is a truthful one, not a false one, however embarrassing it may be to Jim. If I were to say “Hawkwood High School fans pay money to Hawkwood High School players,” there is a question in my mind as to who, if anyone, would have the right to bring a defamation lawsuit against me. I didn’t make reference to a particular fan/person, nor did I say that anyone at the school was a guilty party. So, I might be able to get away with that comment, even if it were not true. Recall a couple of weeks ago when President Trump was refusing to sign the spending bill to keep the military funded? One of his stated reasons for doing so was because Congress was refusing to repeal Section 230 of the Communication Decency Act. Say what? In short, this is the law that companies like Facebook are able to use as a shield to avoid defamation claims when someone posts a false negative review or makes a statement on their Internet site that would otherwise rise to the level of defamation. To be precise, here’s what Section 230 says: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230). In my humble opinion, and based on limited facts and research, Section 230 would provide immunity to Josh’s website for defamatory statements made by forum posters. And, arguably, even if it became known that a particular comment was defamatory, the site would not be obligated to take it down. See, Zeran v. America Online, Inc., 129 F.3d 327 (4th Cir. 1997). With all that said, I would go through the following analysis: Was the statement made a statement of fact or an opinion? If an opinion, the analysis stops as the website and its owner will have no exposure to liability. If the statement was one of fact, can the person who made the statement establish that the statement is true? If so, it’s not defamation. If not (i.e., the statement is a false statement), was it intended to harm the reputation or financial status of a person or legal entity? If so, the person who made the statement – assuming that person could be identified – could be sued for defamation (and a plaintiff in a defamation lawsuit might be able to use discovery/subpoena powers to uncover the true identity of a poster). However, under Section 230, it is unlikely that the website or its owner could be held responsible for the defamatory statement. But, here’s the critical last step of the analysis for someone like Josh: even if he is confident that he cannot successfully be sued for defamation, does he really want to take that chance? More importantly, is he prepared to spend his limited time and resources defending himself/his company against people who likely have superior resources. That’s a call only he can make. It’s easy to say “C’mon, hold your ground; fight the fight!” when it’s not your money or business at risk. Last, but not least, to cover my own butt, this post is not intended as legal advice for Josh, this website or anyone who might read it. While I believe it is accurate, it’s just intended to further the conversation, not to be relied upon by anyone who might face the issues addressed above.
    1 point
  3. I see Viera being on the same level they were on this past season. They didn't have the fire power they had in seasons past but a lot of players did step out of the shadows that were supporting players to the stars that left.
    1 point
  4. Happy New year fam! Absolutely
    1 point
  5. Happy New Year MC! Let’s hope the China Flu doesn’t take football away in 2021
    1 point
  6. Supposed to be this week.
    1 point
  7. My youngest grandson (QB) plays on a very competitive 18 and under 7v7 team during the Winter and Spring with two of Lake Mary's best players from this past season, a WR and a DB. He says they are both very talented. The team also has 8 of Seminole HS' top skill position players. After practicing with the Seminole kids for the past three weeks, he said it's no surprise they won the 8A state championship.
    1 point
  8. Perspective

    OldSchoolLion

    In my mind, that would constitute a slightly more aggressive post or accusation.
    1 point
  9. Cocoa will for the foreseeable future be good. Rockledge seems to be back to its old self. What's the situation with Viera? I did not expect them to beat Edgewater, but thought they could have at least kept the game respectable.
    1 point
  10. nolebull813

    Did Madison Co.????

    Hey you guys shouldn’t be so down on Jesse. The Cowboys had a good year. Madison county was the first 4A team since Madison county to qualify for the 1A playoffs. That’s pretty cool. You don’t need a Charter school down the road education to realize that.
    1 point
  11. Dr. Phillips should be in the mix but I agree with the additions. Also, I don't know the ages and grade levels of most of the Boone offensive players, but if they return most of them, and can strengthen their defensive unit, they could make some noise next season, too.
    1 point
  12. badbird

    Did Madison Co.????

    maybe in your eyes but the school is the one that submits it's numbers and the county is the one that created the school and the FHSAA is the one that allows the numbers. In football if I have the ball and a lead I can jump offsides and keep the clock running. You saw Belichick do it in the NFL a few times. Is this poor character? Nope it's using the rules to your advantage. I'll take Mike Coe's character over most in this world. Look I'm not a fan of douchebag Jessee and his Madison trash bull shit. I'm not a fan Madison plays in 1A and has cost my school a few titles but I'll go to war with Mike Coe any day. He's a good dude and good for kids. Just my opinion.
    1 point
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