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Re: RC: Re: Moral Dilemma

In a message dated 11/20/01 7:49:13 PM Pacific Standard Time, writes:

<<  truth is an absolute defense - according to the US Supreme Court.
 If the trainer tried to sue you for slander he would have to prove you 
slandered him.  He'd have to have eye witnesses testify the horse was in as 
good of condition when you picked her up as when you dropped her off,  etc.  
You probably have people who saw your horse after you picked her up,  husband 
- friends - etc - especially if you board. >>

First, just because what you are saying is true does not mean that you won't 
be sued.  Which means that you have to incur legal fees to defend yourself.  
Second, in Kansas, at least, it does not work quite the way you describe in 
court.  In Kansas, the truth of your statement is an "affirmative defense" 
under the law.  That means that YOU have the burden of proving the truth of 
your statements.  Which is not to say that I think that this person should 
keep quiet.  I just want the risks of speaking out to be clear.  


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