September 19, 2024
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Intentionally and falsely characterizing someone of having committed a crime is generally defamation per se, meaning that the person wrongfully accused is presumptively entitled to monetary damages. Even worse, when this kind of unmerited and gratuitous reputation destruction is done for reasons of personal profit—a few more YouTube bucks, for example--it would seem particularly contemptible behavior.
Today we explore the question of whether explicitly labeling former Deputy Eddie Duran’s shooting of Airman Roger Fortson as having “executed Fortson for exercising his Constitutional rights” might qualify as precisely this kind of defamation per se.
This question is, of course, prompted by the repeated publication of Attorney William Kirk, on his YouTube channel Washington Gun Law (WGL) of the explicit claim that Duran executed Fortson merely because he was exercising his Constitutional rights.
Promised links from today’s show:
LOSDREAL LAWYER | The Roger Fortson ShootingAwful? Lawful? Both? (5/13/24)
WGLThe Florida Man Who Was Executed for Exercising His Constitutional Rights (5/13/24)
LOSDSound Legal Analysis, or Shameful Misinformation? (5/15/24)
WGLCharges Filed Against the Deputy Who Ended This Man's Life Because He Was Armed (8/25/24)
Okaloosa County Sheriff’s Office: OPS Administrative Investigation (5/30/24)
Florida First Judicial Circuit State’s Attorney Press Release (8/23/24)
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