Mobile Home Parks – Homeowner Risks and Rewards

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Defamatory Statements

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This platform throughout uses terms like “crime,” “criminal,” “steal,” “theft,” “predatory”, “exploitation”, “victim” and “vulture” not to specifically allege that any person or entity broke any law, but instead point to a moral and systemic wrong in the broader sense.

False Statements

False is defined in McBride v. People (126 Col. 277, 248 P.2d 725), a 1952 Colorado Supreme Court Decision, as: False denotes an intentional, deliberate, and willful untruth, something beyond mere inaccuracy.

Substantial Truth Doctrine

The law does not require that a statement must be perfectly accurate in every conceivable way to be considered “true.” Courts have said that some false statements must be protected for the wider purpose of allowing the dissemination of truthful speech. The resulting doctrine is known as “substantial truth.” Under the substantial truth doctrine, minor factual inaccuracies will be ignored so long as the inaccuracies do not materially alter the substance or impact of what is being communicated. In other words, only the “gist” or “sting” of a statement must be correct.

Fair Report Privilege California Civil Code §47(d) and §47(e)

This privilege generally applies to publicly available government records, official government reports, and statements made by government officials. This privilege enables the MHP411.COM to freely report about what people say during City Council Meetings or to quote from publicly available records.

Opinion and Fair Comment Privileges

The right to speak is guaranteed by the First Amendment to the United States Constitution which includes the right to voice opinions, criticize others, and comment on matters of public interest. Such statements represent what is called “pure opinions” because they can’t be proven true or false.

Qualified Privilege

Other types of communications are subject to what is called a qualified privilege, meaning that the person making the allegedly defamatory statement may have had some right to make that statement.

Just one (1) of the statements for which a qualified privilege applies is…

Statements made in self-defense or to warn others about a harm or danger.

Libel-Proof Plaintiff Doctrine

The libel-proof plaintiff doctrine recognizes that a plaintiff’s reputation with respect to a specific subject may be so badly tarnished that he cannot be further injured by allegedly false statements on that subject.
Guccione v. Hustler Magazine, Inc., 800 F.2d 298, 303 (2d Cir. 1986)

Terms, Privacy, Data

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Terms and Conditions of Use

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