Re: Notice from Lennox Lin - 波士頓

※ 引述《proveme (prove me)》之銘言：
: To whom it may concern,
: It has come to my attention that the above accusations are totally false
: and intentionally fabricated to damage my reputation. I have filed a police
: report and also contacted my attorney. In accordance to the Massachusetts
: Defamation Law, the above posts and opinions will be used against you and
: prosecute you to the fullest extend of the Law. Anyone who is in aid of
: spreading such rumor will have legal action taken upon them. That will also
: include the bloggers of http://picasaweb.google.com/freak7474 and
: http://www.wretch.cc/blog/believeit. My attorney has sent a letter to Google,
: the owner of Picasa, that such webpage contains my personal information which
: is in violation of Picasa's Program Policies. My attorney in Taiwan has sent
: a letter to Yahoo, the owner of www.wretch.cc, to release the identity of the
: author so such person may be charged in accordance to the Massachusetts
: Defamation Law and Taiwan's defamation law. All posts and webpages has been
: copied and saved for evidence.
: Regards,
: Lennox Lin, D.M.D.

In Massachusetts, the elements of a defamation claim are:

1. a false and defamatory communication
2. of and concerning the plaintiff which is
3. published or shown to a third party.

However, in M.G.L. c. 231, there is an exception:

As a general matter, if a statement is substantially true, it cannot be
actionable as defamation. See Milgroom v. News Group Boston, 412 Mass. 9,
12-13 (1992). Under Massachusetts statutory law, however, "truth shall be a
justification unless actual malice is proved." M.G.L. c. 231 Section 92.

So far, as an ordinary person's observation, I do not see any "actual malice"
existing here; the original post which contains all the evidences can
justifiably make her believe so and make such statements beyond reasonable
doubt.

I will suggest the original author filed a lawsuit against the suspect
A.S.A.P for two reasons: (1) to clairify the truth; (2) to protect the public
interests and protect yourself from defamation.
For any free legal aid service, please consult Boston Bar Association
http://www.bostonbar.org/ , they will assign you free pro bono lawyers.





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