False allegation of homosexuality is defamatory, judge rules

I thought it always was. Tom cruise goes sue happy on anyone who calls him gay.

 

Oy Vay...this is like the dumbest thing I've ever read...

 

I wonder if false allegation of heterosexuality is also defamatory...

 

lets test that theory, you raging hetero!!!

:eusa_danc

 

Ok sir I am appalled that you could accuse him of such a thing. I hope he indeed does sue you and you are forced to print a retraction of such cruel and potentially damaging remarks.






:icon_bigg

 

The judge isn't saying that being homosexual is an undesirable trait, but that being called homosexual for the purpose of harrassment is defamatory. From my experience, I can agree with the judge's ruling. Peers often use that claim, whether false or not, to ridicule and hurt others.

 

How rude, I would never do something so unnatural! You'll be seeing my lawyer!

 

I know the judge wasent making a homophobic decision, but still, this story is so silly.

It speaks more to the insecurity of the relationship before someone spread the rumor he was gay than it does anything else. Clearly, they were not close enough to know each other, and he was not secure enough in his masculinity to just let it roll off his back and set the record straight... instead, he had to go to a judge.

maybe it is a sign the relationship really was not worth saving.

 

But to prove defamation I was under the impression that you have to prove that the allegation severely harms your ability to make a living. Then again I'm no lawyer.

 

You are correct...the threshold for defamation and libel are kinda the same (some states differ obviously) but the plaintiff must prove that whatever was said (assuming it is a false accusation) was of willful malicious intent and did harm to their public reputation and occupation. It is a very high threshold to prove.