Posted by Lou Pilder on October 27, 2012, at 17:57:32
In reply to Lou's reply-defamation per se » SLS, posted by Lou Pilder on October 27, 2012, at 17:27:32
> > Hi Lou.
> >
> > > Please do not post slanderous statements here about me. Your saying here that I have a mental illness is defamatory
> >
> > Mental illness is a very real human condition. I have a mental illness. Knowing this, what is there about me that would deserve a defamatory characterization by you? What did I do wrong? I would encourage you to not add to the stigmatization of mental illness by equating it with defamation.
> >
> > > and that you say that my religiosness is a result
> >
> > Religiosity is a clinical symptom of bipolar manic psychosis. It is not a judgment made upon the religion that the affected person practices.
> >
> > > The term, mental illness, is a vague term that can be defamatory.
> >
> > The term "mental illness" may not be well defined or understood by much of the public. However, I would hope that your understanding of it were educated and enlightened, as you are a frequent visitor to a forum devoted to the phenomenology of these medical conditions. If I came to the conclusion that you were diabetic and verbalized my belief, in what way have I defamed you? If I came to the conclusion that you were mentally ill and verbalized my belief, in what way have I defamed you?
> >
> > My saying that you are mentally ill would in no way represent some sort of accusation by me any more than would my saying that you had influenza. I do have some thoughts regarding your behaviors here on Psycho-Babble, but I am not convinced that it would be productive to divulge them at this juncture. My concern for your welfare is very real. If you were in the midst of a bipolar psychotic manic state, it is unlikely that you would recognize it as being such. It is likely, however, that you would reject any suggestions that you were indeed manic.
> >
> > I don't know whether or not this applies to you, but:
> >
> > http://www.google.com/#hl=en&sclient=psy-ab&q=manic+psychosis+symptoms+religiosity&oq=manic+psychosis+symptoms+religiosity&gs_l=hp.3...1196.11065.0.11663.38.37.1.0.0.0.159.2680.34j3.37.0.les%3Befrsh..0.0...1.1.yWqizDyRoc0&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.&fp=92da361fb107ce2f&bpcl=35466521&biw=1920&bih=910
> >
> > I do not believe that anything I have written here will influence your thoughts and behaviors. I am hoping that it might influence others.
> >
> >
> > - Scott
> >
> > Scott,
> You wrote the above and asked how writing in a public venue that someone has a mental illness could be defamatory.
> The laws of defamation have a section on making a false statement that could damage another's reputation. Liable is the term used when the defamtion is written as here as being published.
> when someone is subjected to mental anguish, as I am here, the person is damaged by the mental anguish written toward them and published as in this forum.
> Then a false statement that could produce mental anguish is like writing that a person has a sexually transmitted disease or a mental illness. This is in all states in the US except a few and Oh nd Ill are not in the five states. The writing that a person has a mental illness is called liable per se. There is no need to prove that the liable damaged the person.
> Now then there are other aspects of defamtion that can offset the laible, such as if the statement is true. But in this case, the writer associates the mental illness with religiosness which gives it a different perspective as the recipiant (me) is complaining about antisemitic statements being allowed to stand and lies being posted about me here.
> Now we are not talking abut a defamtion case, but only that as I understand it,in all states except 5, writing that a person has a mental illness is defamatory and liable per se.
> There is a stigmatization involved and I agree. That is why I object to anyone here have it written that they have a mental illness, including myself. Someone could be going through a time of great distress such as a death in the family and such and be quite depressed. One could be givn a drug by a psychiarist that induced depression or mania or suicidal ideation. That does not mean that they are mentally ill and can be labled as such. That is why calling someone mentally ill can be defamatory.
> Now Mr. Hsiung is allowing the defamation which is a separate topic, but is there not the question that by him allowing it, that he is encouraging it?
>
> Lou
>
> Scott,
There are more aspects to defamtion involved in publishing that a person has a "mental illness". There is some cases that involve telling of someone's sexual problems or their mental problems that even if the statements are true, that does not protect them against the charge of defamtion. And there is what as known as {false light}, the putting a person in a disorted image and such to believe something that is damaging to them. And if the damage is emotional or psychological, there is another issue in defamtion. There is the concept of infliction of emotional distress be it intentional or not. The truth may not be a defence in some cases. Then there is neglegence and other concepts that could be involved in defamation.
My overiding concern here is the use of the phrase, "mental illness". I consider it to be defamatory here or anywhere else.
Lou
>
poster:Lou Pilder
thread:1029828
URL: http://www.dr-bob.org/babble/20121018/msgs/1030018.html