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Hypothetical Situation

Started by NIN, September 22, 2012, 01:33:53 AM

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jimmydeanno

Yeah, I can't say that you can sue someone for telling the truth.
If you have ten thousand regulations you destroy all respect for the law. - Winston Churchill

RogueLeader

Quote from: jimmydeanno on October 13, 2012, 03:30:02 PM
Yeah, I can't say that you can sue someone for telling the truth.

You can, just don't expect to win.
WYWG DP

GRW 3340

LGM30GMCC

Quote from: NIN on October 13, 2012, 11:08:16 AM
Quote from: JK657 on October 13, 2012, 04:05:42 AM
Report him to one of the Stolen Valor websites such as www.fakewarriors.org (its run by the people that do pownetwork.org). If he's lied to CAP about his service think of the countless others he's lied to as well. There is no liability in disclosing information you gained via FOIA.

Well, the missiles are in the terminal descent phase.  I think its in the commander's hands.

Seriously, are you trying to get me to giggle and clap with glee? People always use aircraft as a metaphor rather than ballistic missiles!

NIN

Quote from: LGM30GMCC on October 13, 2012, 04:01:25 PM
Seriously, are you trying to get me to giggle and clap with glee? People always use aircraft as a metaphor rather than ballistic missiles!

No, but it works for you I'm glad
Darin Ninness, Col, CAP
Wing Dude, National Bubba
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

Ned

Quote from: jimmydeanno on October 13, 2012, 03:30:02 PM
Yeah, I can't say that you can sue someone for telling the truth.

Be careful about legal advice given freely on internet chat rooms by non-lawyers.

As it turns out there are several situations where someone can successfully sue and recover substantial amounts of money from third parties who publish information about them on the interwebs.

Even truthful information. 

IOW, "truth is a NOT a defense" to actions for some torts related to Invasion of Privacy.  Specifically, Public Disclosure of Private Facts and False Light.

But hey, don't take my word for it.  Here's the Wikipedia Article

Now, I doubt that these particular torts would apply to outing a "stolen valor" individual.  Private Facts is designed to protect individals from public dissemination of little-known, private facts like "Ned Lee had an STD when he was 15 and was suspected of cheating on the SATs."  Or "Susie Smith had an abortion while she was in college."

But I did want to correct the assertions to the effect that "truth is always a defense" to publishing facts about an individual.

Ned Lee
Former CAP Legal Officer

a2capt

Quote from: Ned on October 13, 2012, 04:38:53 PMBut hey, don't take my word for it.  Here's the Wikipedia Article
Frankly, I would -rather- take your word for it, over Wikipedia.  ;)
Just on the fact that it's quite plausible that crowd sourced data .. could be .. ahem .. wrong? .. opinionated ..or ..  :)

NIN

Ned speaks the truth (pun intended).

When someone grossly distorts and holds themselves out to be qualified for something, or having completed something, and you show information to the contrary (ie. "I'm a graduate of MIT." "Sorry, MIT's never heard of you." "I'm suing you and MIT! Libelous bastards! You'll pay for this!"), thats hard to bring suit against.

If I plastered photos of you and your girlfriend all over the LA Times, much to the chagrin of your wife, even though that is true, it probably will bring about a lawsuit. :)

Darin Ninness, Col, CAP
Wing Dude, National Bubba
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

NCRblues

Quote from: Ned on October 13, 2012, 04:38:53 PM
"Ned Lee had an STD when he was 15 and was suspected of cheating on the SATs." 

SHOCKING, and of course it MUST be true because it is on the internet!  >:D
In god we trust, all others we run through NCIC

Eclipse

Quote from: NCRblues on October 13, 2012, 07:54:13 PM
Quote from: Ned on October 13, 2012, 04:38:53 PM
"Ned Lee had an STD when he was 15 and was suspected of cheating on the SATs." 

SHOCKING, and of course it MUST be true because it is on the internet!  >:D

Bonjour?

"That Others May Zoom"

Extremepredjudice

Quote from: NCRblues on October 13, 2012, 07:54:13 PM
Quote from: Ned on October 13, 2012, 04:38:53 PM
"Ned Lee had an STD when he was 15 and was suspected of cheating on the SATs." 

SHOCKING, and of course it MUST be true because it is on the internet!  >:D
I love the moderators here. <3

Hanlon's Razor
Occam's Razor
"Flight make chant; I good leader"

flyboy53

#130
In regard to the orginal question, tell the guy to put up or shut up.

Otherwise, I would contact his new squadron commander and just ask some simple questions.

You don't leave an original DD Form 214 with anyone -- except the VA or a county veterans service agency -- where it's usually just copied and returned to the owner. It's just too precious of a document.

You can always get around things. CCAF transcript, or that multiple page form that documents service training and experience by AFSC....or the tech school diplomas. If he's wearing some sort of decoration, have him show you the other award elements (the orders, citation and award certificate). I did that once to prove that I held a Commendation Medal awarded for non-combat valor (at a plane crash -- and no I didn't rescue anyone, and no I don't want to talk about it)..

Funny, I'm aware of a CAP member who came from another wing, sprouting master observer wings and that master ground team badge without proof -- even in e-services. You can't just throw him out, but it didn't take long for him to be ostracised by the rest of the group because what do you do with a guy like that during a mission?

Then there conviently were no records in the former wing.

Now he just stays within the confines of a geographically separated flight, almost ignored.

ol'fido

Just as a sidenote on DD214s, I was advised by the nice lady that processed my 214 at Ft. Shafter to take it to the county courthouse and have it registered with the county clerks office. That way if you do happen to lose the original(mine is somewhere in my house right now but I couldn't tell you exactly where), you can go to the clerk's office and get a notarized copy that is legal anywhere.
Lt. Col. Randy L. Mitchell
Historian, Group 1, IL-006

NIN

Quote from: ol'fido on October 14, 2012, 09:38:09 PM
Just as a sidenote on DD214s, I was advised by the nice lady that processed my 214 at Ft. Shafter to take it to the county courthouse and have it registered with the county clerks office. That way if you do happen to lose the original(mine is somewhere in my house right now but I couldn't tell you exactly where), you can go to the clerk's office and get a notarized copy that is legal anywhere.

I was similarly advised and did infact get the same thing (and in the last 10 years requested a copy of same)
Darin Ninness, Col, CAP
Wing Dude, National Bubba
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

NIN

Quote from: flyboy1 on October 14, 2012, 11:57:01 AM
<snip>
Funny, I'm aware of a CAP member who came from another wing, sprouting master observer wings and that master ground team badge without proof -- even in e-services. You can't just throw him out, but it didn't take long for him to be ostracised by the rest of the group because what do you do with a guy like that during a mission?

Then there conviently were no records in the former wing.

Yeah, I think you would have grounds for a 2B on the "false statements to or concerning Civil Air Patrol" codicil.
Darin Ninness, Col, CAP
Wing Dude, National Bubba
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

BuckeyeDEJ

Quote from: Ned on October 13, 2012, 04:38:53 PM
Be careful about legal advice given freely on internet chat rooms by non-lawyers.

Ned's right on all counts. And, parallel to that, there's also an issue we ink-stained wretches sometimes come across, where people are or aren't public figures. Some people are limited public figures, meaning that they open themselves up to scrutiny/comment on issues for which they stick their necks out publicly. What you can report/publish about people can vary based on their amount of public exposure and the relevance of the information to how someone is or isn't a public figure. If that makes sense. Truth alone doesn't cut it.

For that matter, falsehood doesn't always guarantee damages. Certainly, someone has to intend malice. Newsgathering being a human profession, there will be mistakes made occasionally, but every effort must be made to correct the record.

"Newsroom lawyers" (like me and anyone else who loved journalism ethics courses in college) split hairs on ethics and legal issues all the time, but the biggies, we call in the big guns -- the people who actually have JDs. Every newspaper has access to an attorney. Bigger papers (like mine) have a shark or two in-house, either as a legal counsel or maybe as a reporter who just happens to be a recovering lawyer.

So if we who are professional ink slingers and electron passers need to seek lawyers sometimes, imagine what you need to do. :P

FWIW. YMMV. YOLO. LSMFT. WYSIWYG. And other meaningless acronyms.


CAP since 1984: Lt Col; former C/Lt Col; MO, MRO, MS, IO; former sq CC/CD/PA; group, wing, region PA, natl cmte mbr, nat'l staff member.
REAL LIFE: Working journalist in SPG, DTW (News), SRQ, PIT (Trib), 2D1, WVI, W22; editor, desk chief, designer, photog, columnist, reporter, graphics guy, visual editor, but not all at once. Now a communications manager for an international multisport venue.

NIN

20KT strike. Smoking crater.  Mission accomplished.
Darin Ninness, Col, CAP
Wing Dude, National Bubba
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

Майор Хаткевич


NIN

Quote from: usafaux2004 on October 15, 2012, 06:00:08 PM
Not.enough.details.

"At last we will reveal ourselves to the Jedi. At last we will have revenge."
Darin Ninness, Col, CAP
Wing Dude, National Bubba
I like to have Difficult Adult Conversations™
The contents of this post are Copyright © 2007-2024 by NIN. All rights are reserved. Specific permission is given to quote this post here on CAP-Talk only.

a2capt

When I read the guidelines on the National Archives site, I get the impression that FOIA requests are basically only for DD-214's or data that is 62 years or older.  I don't get the impression that the target here is that old.

Since you all probably didn't fit the kin description, what exactly do you ask for, and what did you get?

Garibaldi

Quote from: NIN on October 14, 2012, 11:17:17 PM
Quote from: flyboy1 on October 14, 2012, 11:57:01 AM
<snip>
Funny, I'm aware of a CAP member who came from another wing, sprouting master observer wings and that master ground team badge without proof -- even in e-services. You can't just throw him out, but it didn't take long for him to be ostracised by the rest of the group because what do you do with a guy like that during a mission?

Then there conviently were no records in the former wing.

Yeah, I think you would have grounds for a 2B on the "false statements to or concerning Civil Air Patrol" codicil.

I have all my paperwork for my GT badge and MO wings, but they're not in eservices. Do I ask DP to upload them, or is this sufficient to satisfy anyone who asks? Pretty much everyone here in my unit knows, but I've transferred back and forth a couple times to another wing.
Still a major after all these years.
ES dude, leadership ossifer, publik affaires
Opinionated and wrong 99% of the time about all things