FRDB Archives

Freethought & Rationalism Archive

The archives are read only.


Go Back   FRDB Archives > Archives > Religion (Closed) > Biblical Criticism & History
Welcome, Peter Kirby.
You last visited: Today at 03:12 PM

 
 
Thread Tools Search this Thread
Old 03-20-2011, 02:02 PM   #91
Contributor
 
Join Date: Jun 2000
Location: Los Angeles area
Posts: 40,549
Default

Quote:
Originally Posted by manwithdream View Post
If you want to read Golb's 111 page appeal, it is on the internet.

http://raphaelgolbtrialtranscripts.f...peal-brief.pdf

Kenneth Greifer
I read through it, and it's a very persuasive case on a legal level. But I don't see the ACLU or the EFF filing amicus briefs, and the Facebook group still has 17 members. I think that actually using Schiffman's name is a real problem, especially since there were no real indications that the email was a parody, and Golb himself never admitted that it was a spoof until after his arrest. There are many other cases of spoofs using the name of a living person, but none exactly like this.

I suspect that the case was affected by Raphael Golb's personal quirks and his unwillingness to admit that he might have done anything seriously wrong.
Toto is offline  
Old 03-20-2011, 09:33 PM   #92
Regular Member
 
Join Date: Jun 2006
Location: united states
Posts: 156
Default

Toto,

I don't think Golb has a good argument that his emails in Schiffman's name were parodies or whatever, so he might lose on that part of his appeal, but the rest of his appeal is to show that slander and libel are not crimes anymore, but should be treated as civil cases. Also, I think he shows that he did not commit identity theft because there was no fraud for financial gain. I think most of his appeal is strong, but he will probably be in trouble for some part of what he did.
manwithdream is offline  
Old 03-21-2011, 12:15 AM   #93
Junior Member
 
Join Date: Dec 2010
Location: East Coast, US
Posts: 18
Default

Quote:
Originally Posted by manwithdream View Post
Toto,

I don't think Golb has a good argument that his emails in Schiffman's name were parodies or whatever, so he might lose on that part of his appeal, but the rest of his appeal is to show that slander and libel are not crimes anymore, but should be treated as civil cases. Also, I think he shows that he did not commit identity theft because there was no fraud for financial gain. I think most of his appeal is strong, but he will probably be in trouble for some part of what he did.
Any way you slice it, Golb doesn't deserve six months in jail with a bunch of hardened criminals, particularly since convictions for his most serious "crimes" (e.g. identity theft) will almost surely be overturned on appeal. And THAT, my friends, is the point.
howardfredrics is offline  
Old 03-23-2011, 01:40 PM   #94
Contributor
 
Join Date: Jun 2000
Location: Los Angeles area
Posts: 40,549
Default

Here's another hopeful sign for Golb: 9th Circuit rules that fibs can be protected speech
Quote:
"Saints may always tell the truth, but for mortals living means lying."

Those were the words of Chief Judge Alex Kozinski in Monday's decision by the U.S. 9th Circuit Court of Appeals that the Stolen Valor Act is an unconstitutional restraint on free speech and a threat to every citizen who fibs to embellish his or her image, avoid embarrassment or perpetuate a child's belief in Santa Claus.

...

"Phrases such as 'I'm working late tonight, hunny,' 'I got stuck in traffic' and 'I didn't inhale' could all be made into crimes," Kozinski argued. "Without the robust protections of the 1st Amendment, the white lies, exaggerations and deceptions that are an integral part of human intercourse would become targets of censorship."
Toto is offline  
Old 05-10-2011, 03:31 PM   #95
Contributor
 
Join Date: Jun 2000
Location: Los Angeles area
Posts: 40,549
Default

The Golb Affair by James R. Davila
Toto is offline  
 

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Forum Jump


All times are GMT -8. The time now is 08:58 PM.

Top

This custom BB emulates vBulletin® Version 3.8.2
Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.