Protect and Preserve the Legacy of those Deceased - CA Residents
Targeting: The CA State Senate
Started by: Julie Noel
Why This Is Important
STOP LIES AGAINST THE DEAD
Did you know that President Johnson was a multiple murderer?
Did you know that Errol Flynn was a secret Nazi?
Anyone can be victimized by lies that hurt his or her reputation. Sometimes a person, newscast, newspaper, or Internet post can say untrue things about a person; like he committed a crime, had a disease, or cheated his customers in business.
Living people can sue in court when they have been hurt by lies and they can demand a retraction in a newspaper. Even though the lies are still out there, the victim can get compensated with money.
Dead people cannot sue because they don’t legally have reputations. They don’t have privacy interests according to the Constitution. But they still can be attacked by people on the Internet or in the press. These attacks hurt the dead person’s reputation – what else does he have? They also harm his family.
We need to plug the hole in the law that allows dead people to be attacked and lied about.
You don’t have to be famous to have terrible lies told about you or your family in the newspaper. What if your name was similar to a criminal’s name?
When Jack Rose died, an obituary written in the local newspaper confused him with a notorious gangster. Somehow the paper got the names of the innocent man’s family correct, but characterized him as a criminal.
The family was barred from suing for defamation of his name because he was dead. And the family could not get damages from the newspaper because they were not called criminals.
If your name is similar to someone with a bad reputation, you can have a bad reputation. And if you die, your family can probably do nothing legally even if they, themselves are named.
WHAT CAN I DO?
1.) Please sign this petition.
2.) Please donate to CADEFLAW
Email Finance Director, Karen: TANDKKAM@aol.com
Please note: You do not need to become a member to donate.
3.) Support the legislation by contacting your California State Senator and/or Assemblymember
Lyndon Baines Johnson
Lyndon Baines Johnson was a multiple murderer and participated in the plot to assassinate President Kennedy according to Barr McClellan, who wrote a book about President Johnson in 2003. The History Channel promptly made a documentary following McClellan’s ideas. Even though the Wall Street Journal called the documentary a “malignant assault on sanity and truth,” it was shown in, perhaps, 60 countries.
However, the results of McClellan’s assaultive book were far-reaching and devastating. Because it was believed, people began to hate Lyndon Johnson. His library received hate mail and was even threatened with destruction.
The most respectable people responded by writing letters to the History Channel.
The LBJ Foundation chairman, respected newsman Bill Moyers, President Gerald Ford and President Jimmy Carter, wrote letters which failed to have any effect on the History Channel.
“Defaming the Dead: A Legal Remedy for Absurd Charges that LBJ Murdered JFK” by John W.Dean, http://writ.lp.findlaw/dean.20040312.html
The actor, Errol Flynn was called a homosexual and a Nazi spy in a book published by Dell Publishing Company. In a lawsuit filed by his children, the court stated plainly, “A libel on the memory of a deceased person is not deemed to inflict on the surviving relatives any such legal damage as will sustain a civil action for defamation.” Flynn v Higham, (1983) 149 Cal.App.3d 677
The court ruled that the statements made by the newspaper had no “direct reflection” on the family members, although they were named. Therefore, they could not receive damages. Interestingly, the court noted that the state’s legislature had the duty to change the law. Rose v Daily Mirror, Inc. (1940) 284 N.Y. 335
PETITION LINK FOR CALIFORNIA RESIDENTS