Wis. Stat. § 895.05(2):
Before any civil action shall be commenced on account of any libelous publication in any newspaper, magazine or periodical, the libeled person shall first give those alleged to be responsible or liable for the publication a reasonable opportunity to correct the libelous matter. Such opportunity shall be given by notice in writing specifying the article and the statements therein which are claimed to be false and defamatory and a statement of what are claimed to be the true facts. The notice may also state the sources, if any, from which the true facts may be ascertained with definiteness and certainty. The first issue published after the expiration of one week from the receipt of such notice shall be within a reasonable time for correction. To the extent that the true facts are, with reasonable diligence, ascertainable with definiteness and certainty, only a retraction shall constitute a correction; otherwise the publication of the libeled person's statement of the true facts, or so much thereof as shall not be libelous of another, scurrilous, or otherwise improper for publication, published as the libeled person's statement, shall constitute a correction within the meaning of this section. A correction, timely published, without comment, in a position and type as prominent as the alleged libel, shall constitute a defense against the recovery of any damages except actual damages, as well as being competent and material in mitigation of actual damages to the extent the correction published does so mitigate them.
Read that very carefully and be checking your snail mailbox little buddy.
P.S. I am (1) not a public figure, limited purpose or otherwise; (2) not kidding around; and you are (3) maintaining a "periodical" for the purposes of the statute; and (4) free in the meantime to dig yourself into a deeper hole, as your old boss Ron Johnson would and did say.
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28 comments:
I'm not a lawyer. I don't even play one on tv, but that little statute I do know something about.
Guess what. You have to deal with a judge in the meantime. My experience is they really don't care as long as you eventually go away.
So, we can expect a retraction of some sort from Mr. Binversie within a week or so?
About time somebody stood up to that guy.
He used to be a decently thoughtful person back in 2006-07. Since then, he's been emblematic of the way that about 75-90% of conservatives have gotten about a hundred times crazier and a thousand times more mean-spirited ever since Barack Obama clinched the Democratic nomination.
Does a blogger become a "limited public figure". Or see this 2007 case.
Ohhhh Snap!!!
Gee, someone can't take a joke.
Youz needs a comma after "snail mailbox," dear blogger.
That little statute I do know something about.
Good, considering your own "fairly conservative" contribution.
Does a blogger become a "limited public figure".
Not me and not now.
Not always Cindy ... only the ones that have no merit. [hint]
On the ratforker's blurg: "I honestly meant no harm or malice from it."
On his Twitter: "Oh no, I made Tom Foley mad. Mission Accomplished."
Always be sincere, even if you don't mean it.
I wouldn't call it mad, but he's on the right track.
Thanks for the Twitter heads up, by the way (screencapped now). Binversie's not the sharpest tool in the shed is he.
Guess what, Tom? I have photos of you sucking a Cub Scout's dick.
Faggot!
Fake lawyer!
Oh, and FAGGOT!
Hey
give Kev a break.
He Finally Got A Job!
Course it's with the Franklin Center?
Is that like a junior version of Mciver?
He'll be right at home in Bayview....NOT
At least he won't have to illegally vote in WI elections while living in VA. anymore!
8:51 I'm not interested in your porn collection.
This is just...pathetic, really. If it weren't then maybe I could actually enjoy watching Kevin inevitably twist in the wind over the whole thing.
As it stands it's just depressing.
What happened?
You appear quite upset.
I have to say, I find it very depressing that you consider being called "gay" as libelous.
Gus, is that you @8:51?
Sober up dude.
Depressing ...
Understood. I'll clear that up tomorrow, hopefully. Watch this space.
Sometimes we come back stronger after a depressing set back!
While I appreciate the magnanimity you demonstrated in approving anon's 8:51 opus, you might consider sparing your readers.
Me thinks Binversie is up against the ropes. But before he throws in the towel, give him an uppercut for me. ;-)
Pete, this commenter has been conducting the same sorts of slurs on several blogs. If you want to figure out who it is, I suggest you start asking around at BadgerBlogger.
I never, ever get that stuff. The reason I have comments on moderation is because the spam is overwhelming and already broke two sets of Cyrillic character packs and one Korean. I think I only ever shitcanned one comment (for really personal stuff, and it was about someone else, not even me).
Look what the rat dragged in...
Pretty much. Thanks, Binversie.
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