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On Sun, 27 Jul 2025 11:30:07 -0700,  Alan says...  

> So, yeah.
> 
> It does.

So, no.

It does not.

Slander not found.

Defamation not found.

Because someone said something publicly, in this case the Birthday Card, that doesn't give anyone the right to LIE about, 
especially if its slanderous and/or libelous.

Why do you you even try?

You always fail. 

Show us the "law" that says you can repeat a lie that harms an individual?

That's why there are SEPARATE laws pertaining to libel, slander and defamation.

If you can separate the law you posted and the laws on slander... yours having precedence over these... prove it.

LOL... good luck!

(laws are below)

If you can prove the law you posted has precedence over these, I won't PLONK! you any more today. LOL

=====

In Florida, "slander" falls under the broader legal concept of defamation. Defamation involves making a FALSE STATEMENT that harms 
someone's reputation. Slander specifically refers to spoken defamation, while libel refers to written or published defamation.

To prove a claim of slander (or any defamation) in Florida, a plaintiff generally must establish the following five elements:

Publication: The defendant made a statement about the plaintiff to a third party (someone other than the plaintiff and the 
defendant). This means it was communicated, spoken, or published in a way that others heard or saw it.

Falsity: The statement must be false. Truth is an absolute defense to defamation. However, the statement doesn't have to be 
perfectly accurate; it just needs to be "substantially true" in its "gist" or "sting" to avoid being considered false.

Defamatory Nature: The statement must be one that tends to harm the plaintiff's reputation, subject them to hatred, ridicule, or 
contempt, or cause them to be avoided or injured in their occupation.

Fault: The defendant must have acted with a certain level of fault regarding the falsity of the statement.

For private individuals, the plaintiff generally needs to prove that the defendant acted with negligence (failed to exercise 
reasonable care in determining the truth of the statement).

For public figures or public officials, the plaintiff must meet a higher standard and prove actual malice (the defendant knew the 
statement was false or acted with reckless disregard for its truth or falsity).

Actual Damages: The plaintiff must prove they suffered actual harm as a result of the false statement. This can include financial 
losses, reputational harm, and emotional distress.

Defamation Per Se in Florida:

Florida also recognizes 'defamation per se." For certain types of statements, the harm to reputation is presumed, meaning the 
plaintiff does not have to prove actual damages to reputation (though nominal damages might be awarded, and actual damages would 
still need to be proven for larger compensation).

Statements typically considered defamatory per se in Florida include false allegations that:

A person has committed a criminal offense amounting to a felony.

A person has a presently existing loathsome or communicable disease (like a sexually transmitted disease).

A person is unchaste (historically applied to women).

A person has engaged in conduct or has characteristics incompatible with the proper exercise of their lawful business, trade, 
profession, or office.

Key Defenses to Slander in Florida:

Truth: As mentioned, if the statement is substantially true, it cannot be defamatory.

Opinion: Statements of pure opinion are protected under the First Amendment and cannot be the basis for a defamation claim. 
However, a statement of opinion that implies underlying false facts may not be protected.

Privilege: Certain statements are protected by law, granting immunity to the speaker. These can be:

Absolute Privilege: Applies to statements made in judicial, legislative, or certain executive proceedings (e.g., testimony in 
court).

Qualified Privilege: Applies to statements made in certain contexts (e.g., good faith statements made to protect a legitimate 
interest), provided they are made without actual malice.

Consent: If the plaintiff consented to the publication of the defamatory statement.

Retraction: For certain types of publications (like newspapers or broadcasts), a timely and proper retraction, correction, or 
apology can limit the damages recoverable by the plaintiff.

Statute of Limitations:

In Florida, the statute of limitations for defamation claims (both libel and slander) is generally two years from the date the 
defamatory statement was first published or made.

Defamation law is complex, and these are general principles. If you believe you have a claim or are being accused of slander, it's 
crucial to consult with a Florida attorney specializing in defamation law.

=====

1. Florida Statute Chapter 836 - Defamation; Libel; Threatening Letters and Similar Offenses:

This chapter contains criminal defamation statutes, though civil defamation is far more common.

Florida Statute § 836.04 - Defamation:

This specific statute deals with imputing a "want of chastity" to a woman, which is a very old and specific form of defamation per 
se. While still on the books, most modern defamation cases rely on broader common law principles.

Text: "Whoever speaks of and concerning any woman, married or unmarried, falsely and maliciously imputing to her a want of 
chastity, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

2. Florida Statute Chapter 770 - Civil Actions for Libel:

This chapter sets forth procedural requirements for certain defamation lawsuits, particularly concerning media defendants 
(newspapers, periodicals, broadcast stations).

Florida Statute § 770.01 - Notice condition precedent to action or prosecution for libel or slander:

This statute requires a plaintiff to provide written notice to a defendant (especially media outlets) at least five days before 
filing a civil action for libel or slander, specifying the alleged defamatory statements. This allows the defendant an opportunity 
to publish a correction or retraction.

Text: "Before any civil action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or 
slander, the plaintiff shall, at least 5 days before instituting such action, serve notice in writing on the defendant, specifying 
the article or broadcast and the statements therein which he or she alleges to be false and defamatory."

Florida Statute § 770.02 - Correction, apology, or retraction by newspaper or broadcast station:

This statute details how a timely and proper correction, apology, or retraction by a media defendant can limit the damages a 
plaintiff can recover to only "actual damages" (and prevent punitive damages) if the publication was made in good faith and due to 
an honest mistake.

Text (abbreviated, as it's lengthy): "(1) If it appears upon the trial that said article or broadcast was published in good faith; 
that its falsity was due to an honest mistake of the facts; that there were reasonable grounds for believing that the statements in 
said article or broadcast were true; and that, within the period of time specified in subsection (2), a full and fair correction, 
apology, or retraction was published or broadcast... " (It then details timeframes for retraction based on publication frequency).

3. Florida Statute § 95.11(4)(g) - Statute of Limitations:

This statute sets the time limit for filing various types of lawsuits.

Florida Statute § 95.11(4)(g) (in relevant part):

This specifies the statute of limitations for defamation claims.

Text: "Actions other than for recovery of real property shall be commenced as follows:... (4) WITHIN TWO YEARS.- (a) An action 
founded on negligence... (g) An action for libel or slander." (Note: The specific section for libel/slander is 95.11(4)(g), but 
it's nested within the broader 95.11 statute).

Important Note:

While these statutes provide procedural rules and address specific aspects, the fundamental elements of defamation (publication, 
falsity, defamatory nature, fault, and damages) are primarily established and refined through decades of Florida case law (court 
decisions that interpret and apply the statutes and common law principles). There isn't a single "Defamation Act" that lays out all 
five elements in one place in the Florida Statutes.

For the precise and most up-to-date legal text, you would typically consult the official Florida Statutes published by the Florida 
Legislature (available online through the Florida Senate or commercial legal databases).




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"Trump Derangement Syndrome" Is a Real Mental Condition

All you need to know about "Trump Derangement Syndrome," or TDS.

"Trump Derangement Syndrome (TDS) is a mental condition in which a person has been driven effectively insane due to their dislike 
of Donald Trump, to the point at which they will abandon all logic and reason."

Justin Raimondo, the editorial director of Antiwar.com, wrote a piece in the Los Angeles Times in 2016 that broke TDS down into 
three distinct phases or stages:

"In the first stage of the disease, victims lose all sense of proportion. The president-elect's every tweet provokes a firestorm, 
as if 140 characters were all it took to change the world."

"The mid-level stages of TDS have a profound effect on the victim's vocabulary: Sufferers speak a distinctive language consisting 
solely of hyperbole."

"As TDS progresses, the afflicted lose the ability to distinguish fantasy from reality."

The Point here is simple: TDS is, in the eyes of its adherents, the knee-jerk opposition from liberals to anything and everything 
Trump does. If Trump announced he was donating every dollar he's ever made, TDS sufferers would suggest he was up to something 
nefarious, according to the logic of TDS. There's nothing - not. one. thing. - that Trump could do or say that would be received 
positively by TDSers.

The history of Trump Derangement Syndrome actually goes back to the early 2000s - a time when the idea of Trump as president was a 
punch line for late-night comics and nothing more.

Wikipedia traces its roots to "Bush Derangement Syndrome" - a term first coined by the late conservative columnist Charles 
Krauthammer back in 2003. The condition, as Krauthammer defined it, was "the acute onset of paranoia in otherwise normal people in 
reaction to the policies, the presidency - nay - the very existence of George W. Bush."