Re: Listserves are public--postings on listserves are public publications

[Guest guest]

Thank you! Cote DCSilvertonSent from my Verizon Wireless BlackBerrySender: oregondcs Date: Tue, 15 May 2012 17:56:08 -0700To: <oregondcs >Subject: Listserves are "public"--postings on listserves are public publications Hey all: Just a little reminder that all postings on this (and just about any other) listserve are "public" "publications." "Libel" is generally defined as follows: "A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another." I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result. There are other reasons to beware. Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession "thinks" about certain issues, about certain people, about certain laws, and about certain legally created corporations. Everything posted on this listserve will exist in cyberspace forever. Postings are subject to civil discovery. Everything you say or write can and will be used against you. A time or two per day, I read things here that some might consider libelous. I sometimes read things here that many might not want read to a legislative committee. G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates1781 Liberty St. SESalem, OR 973021- msmith@...

[Guest guest]

That's a chilling reminder . Is there anyway to make this private and secure? Aren't we entailed to express our personal opinions without being held for liable? How do the "shock jocks" get away with it? What happened to free speech anyway, I know I am being naive here, but where is the balance?

M Kalb MS DCAuthor of Winning at Aging www.winningataging.com Wellness Chiropractor and Health Coachwww.DrKalb.com

Thank you! Cote DCSilvertonSent from my Verizon Wireless BlackBerry

Sender: oregondcs

Date: Tue, 15 May 2012 17:56:08 -0700To: <oregondcs >Subject: Listserves are "public"--postings on listserves are public publications

Hey all:

Just a little reminder that all postings on this (and just about any other) listserve are "public" "publications."

"Libel" is generally defined as follows: "A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another." I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result.

There are other reasons to beware. Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession "thinks" about certain issues, about certain people, about certain laws, and about certain legally created corporations. Everything posted on this listserve will exist in cyberspace forever. Postings are subject to civil discovery. Everything you say or write can and will be used against you.

A time or two per day, I read things here that some might consider libelous. I sometimes read things here that many might not want read to a legislative committee.

G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates1781 Liberty St. SESalem, OR 973021- msmith@...

[Guest guest]

Point very well taken . I have written things that I

later regretted. I have also written things that I truly wanted to

publish, put it in the draft file, waited 24 hours and did not feel

nearly as strong of a conviction to click the send button.

On that note, and not because of the aforementioned posts, but I met

with a local attorney yesterday that does work comp stuff. She had

recently left SAIF and was very complimentary of the new "CEO" at

SAIF and how she was doing a very good job at turning the

company/corporation/state agency around to be more worker friendly.

I have to admit that I would much rather work with SAIF today then

several of the other WC carriers.

Again, I am not stating this because of the prior posts, I just

think they are trying to do a better job than they have in the past.

Ron Grice, DC

Albany, OR

Hey all:

Just a little

reminder that all postings on this (and just about any

other) listserve are "public" "publications."

"Libel"

is generally defined as follows: "A method

of defamation expressed by print, writing, pictures,

or signs. In its most general sense, any

publication that is injurious to the reputation of

another." I doubt any of your various

insurance policies would pay for a lawyer to defend a

libel action, and they certainly wouldn't pay any

judgment that might result.

There are other

reasons to beware. Anything and everything posted on

this and any other chiropractic listserve could be

presented to the Legislature as indicative of what

your profession "thinks" about certain issues, about

certain people, about certain laws, and about certain

legally created corporations. Everything posted on

this listserve will exist in cyberspace forever.

Postings are subject to civil discovery. Everything

you say or write can and will be used against you.

A time or two

per day, I read things here that some might consider

libelous. I sometimes read things here that many

might not want read to a legislative committee.

G.

Gatti, Gatti, Maier, Sayer, Thayer, &

Associates

1781 Liberty St. SE

Salem, OR 97302

1-

msmith@...

[Guest guest]

,

The shock jocks usually have expensive attorneys and they often end up paying large sums of money for libel cases. They may see it a an expense of doing business. There is no way to avoid taking responsiblity for the consequences of our publicly actions. 's advice is something that should be listened to.

Minga Guerrero DC

abowoman@...

Listserves are "public"--postings on listserves are public publications

Hey all:

Just a little reminder that all postings on this (and just about any other) listserve are "public" "publications."

"Libel" is generally defined as follows: "A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another." I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result.

There are other reasons to beware. Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession "thinks" about certain issues, about certain people, about certain laws, and about certain legally created corporations. Everything posted on this listserve will exist in cyberspace forever. Postings are subject to civil discovery. Everything you say or write can and will be used against you.

A time or two per day, I read things here that some might consider libelous. I sometimes read things here that many might not want read to a legislative committee.

G.

Gatti, Gatti, Maier, Sayer, Thayer, & Associates

1781 Liberty St. SE

Salem, OR 97302

1-

msmith@...

[Guest guest]

A few things: -the statement has to be false in order to be defamation/libel. You make a truthful factual assertion, it’s not defamation.-if the statement is about a public figure, defamation also requires actual malice as a mental state. -if you state your opinion rather than stating a fact, it’s probably not going to be found to be defamation. As to ’s pragmatic points, this list is as leaky as any other. The folks who don’t like what you have to say may forward your emails or save them and bring them to Salem to show to legislators, they may even turn up in a case you testify in. T. Hill, PC520 SW Sixth Avenue, Suite 1250Portland, OR 97204(503) 227-4330chill@...http://www.portlandinjurylaw.com From: oregondcs [mailto:oregondcs ] On Behalf Of KalbSent: Tuesday, May 15, 2012 7:09 PMTo: cote@...Cc: ; Oregon DC GroupSubject: Re: Listserves are " public " --postings on listserves are public publications That's a chilling reminder . Is there anyway to make this private and secure? Aren't we entailed to express our personal opinions without being held for liable? How do the " shock jocks " get away with it? What happened to free speech anyway, I know I am being naive here, but where is the balance? M Kalb MS DCAuthor of Winning at Aging www.winningataging.com Wellness Chiropractor and Health Coachwww.DrKalb.com Thank you! Cote DCSilvertonSent from my Verizon Wireless BlackBerry Sender: oregondcs Date: Tue, 15 May 2012 17:56:08 -0700To: <oregondcs >Subject: Listserves are " public " --postings on listserves are public publications Hey all: Just a little reminder that all postings on this (and just about any other) listserve are " public " " publications. " " Libel " is generally defined as follows: " A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another. " I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result. There are other reasons to beware. Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession " thinks " about certain issues, about certain people, about certain laws, and about certain legally created corporations. Everything posted on this listserve will exist in cyberspace forever. Postings are subject to civil discovery. Everything you say or write can and will be used against you. A time or two per day, I read things here that some might consider libelous. I sometimes read things here that many might not want read to a legislative committee. G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates1781 Liberty St. SESalem, OR 973021- msmith@...

[Guest guest]

I will welcome the chance to cite my professional opinion about SAIF’s practices.

If they can’t take some good natured ribbing, then let’s get specific about their rotten business practices.

I have had a whopping TWO SAIF patients who live in my suburb who were happy to find that I could treat them so close to home and that I am here late 2 nights per week.

But wait!

I applied to SAIF’s panel: “We-don’t-care-Mark” who said, “we have providers close enough in Tigard and West Linn, so we don’t need you on the panel”.

So much for the quality assuring stimulation of raw competition. Closed panels do not allow new people to push the old people to innovate, care more for customers, and work harder. Think Microsoft; network television news; etc. All of which would be stagnant but for competition.

--

E. Abrahamson, D.C.

Chiropractic physician

Lake Oswego Chiropractic Clinic

315 Second Street

Lake Oswego, OR 97034

Website: http://www.lakeoswegochiro.com

Date: Tue, 15 May 2012 17:56:08 -0700

To: <oregondcs >

Subject: Listserves are " public " --postings on listserves are public publications

Hey all:

Just a little reminder that all postings on this (and just about any other) listserve are " public " " publications. "

" Libel " is generally defined as follows: " A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another. " I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result.

There are other reasons to beware. Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession " thinks " about certain issues, about certain people, about certain laws, and about certain legally created corporations. Everything posted on this listserve will exist in cyberspace forever. Postings are subject to civil discovery. Everything you say or write can and will be used against you.

A time or two per day, I read things here that some might consider libelous. I sometimes read things here that many might not want read to a legislative committee.

G.

Gatti, Gatti, Maier, Sayer, Thayer, & Associates

1781 Liberty St. SE

Salem, OR 97302

1-

msmith@...

[Guest guest]

- I hope what you say is true. It is what I believe is fair and allows me to stand by what I say and write!

M Kalb MS DCAuthor of Winning at Aging www.winningataging.com Wellness Chiropractor and Health Coachwww.DrKalb.com

A few things: -the statement has to be false in order to be defamation/libel. You make a truthful factual assertion, it’s not defamation.-if the statement is about a public figure, defamation also requires actual malice as a mental state.-if you state your opinion rather than stating a fact, it’s probably not going to be found to be defamation. As to ’s pragmatic points, this list is as leaky as any other. The folks who don’t like what you have to say may forward your emails or save them and bring them to Salem to show to legislators, they may even turn up in a case you testify in. T. Hill, PC520 SW Sixth Avenue, Suite 1250Portland, OR 97204(503) 227-4330chill@...http://www.portlandinjurylaw.com From: oregondcs [mailto:oregondcs ] On Behalf Of KalbSent: Tuesday, May 15, 2012 7:09 PMTo: cote@...Cc: ; Oregon DC GroupSubject: Re: Listserves are "public"--postings on listserves are public publications That's a chilling reminder . Is there anyway to make this private and secure? Aren't we entailed to express our personal opinions without being held for liable? How do the "shock jocks" get away with it? What happened to free speech anyway, I know I am being naive here, but where is the balance? M Kalb MS DCAuthor of Winning at Aging www.winningataging.com Wellness Chiropractor and Health Coachwww.DrKalb.com Thank you! Cote DCSilvertonSent from my Verizon Wireless BlackBerrySender: oregondcs Date: Tue, 15 May 2012 17:56:08 -0700To: <oregondcs >Subject: Listserves are "public"--postings on listserves are public publications Hey all: Just a little reminder that all postings on this (and just about any other) listserve are "public" "publications." "Libel" is generally defined as follows: "A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another." I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result. There are other reasons to beware. Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession "thinks" about certain issues, about certain people, about certain laws, and about certain legally created corporations. Everything posted on this listserve will exist in cyberspace forever. Postings are subject to civil discovery. Everything you say or write can and will be used against you. A time or two per day, I read things here that some might consider libelous. I sometimes read things here that many might not want read to a legislative committee. G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates1781 Liberty St. SESalem, OR 973021- msmith@...

[Guest guest]

,   it is the spirit of this list serve to keep postings confidential and I believe our list serve rules do a decent  job of 'codifying ' this.  I believe most of us respect this spirit of camaraderie and confidentiality and thus this list serve is a great place to share ideas on a wide variety of subjects.

  On the other hand, as we just witnessed a few months ago, some on this list serve do not recognize the spirit  of this list group but will live only by the legal letter of the law with regard to list serve rules relating to confidentiality.  I believe Dr. Burke exhaustively discussed  the 'letter of the law/rules'  relating to confidentiality for our list group in a post some months ago.

  All this being said -sadly enough- we indeed should heed the advice of  our good lawyers and be careful what we say in this forum-at least until our wise moderator comes up with some better 'rules' of engagement for this list.

Schneider DCPDX

 

- I hope what you say is true. It is what I believe is fair and allows me to stand by what I say and write!

M Kalb MS DC

Author of Winning at Aging www.winningataging.com 

Wellness Chiropractor and Health Coachwww.DrKalb.com  

A few things: 

-the statement has to be false in order to be defamation/libel.  You make a truthful factual assertion, it’s not defamation.

-if the statement is about a public figure, defamation also requires actual malice as a mental state.

-if you state your opinion rather than stating a fact, it’s probably not going to be found to be defamation.

 

As to ’s pragmatic points, this list is as leaky as any other.  The folks who don’t like what you have to say may forward your emails or save them and bring them to Salem to show to legislators, they may even turn up in a case you testify in.

 

Chris 

T. Hill, PC

520 SW Sixth Avenue, Suite 1250Portland, OR  97204

chill@...

http://www.portlandinjurylaw.com

 

  

 

From: oregondcs  [mailto:oregondcs ] On Behalf Of  Kalb

Sent: Tuesday, May 15, 2012 7:09 PMTo: cote@...Cc:  ; Oregon DC Group

Subject: Re: Listserves are " public " --postings on listserves are public publications

  That's a chilling reminder . Is there anyway to make this private and secure? Aren't we entailed to express our personal opinions without being held for liable? How do the " shock jocks " get away with it? What happened to free speech anyway, I know I am being naive here, but where is the balance?

  

M Kalb MS DC

Author of Winning at Aging 

www.winningataging.com 

Wellness Chiropractor and Health Coachwww.DrKalb.com  

 On May 15, 2012, at 6:50 PM, cote@... wrote:

 

Thank you! Cote DCSilvertonSent from my Verizon Wireless BlackBerry

From:  " "

Sender: oregondcs

Date: Tue, 15 May 2012 17:56:08 -0700

To: <oregondcs >

Subject:  Listserves are " public " --postings on listserves are public publications

   

Hey all:

 Just a little reminder that all postings on this (and just about any other) listserve are " public " " publications. "  

  " Libel "  is generally defined as follows:   " A method of defamation expressed by print, writing, pictures, or signs.  In its most general sense, any publication that is injurious to the reputation of another. "   I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result.

 There are other reasons to beware.  Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession " thinks " about certain issues, about certain people, about certain laws, and about certain legally created corporations.  Everything posted on this listserve will exist in cyberspace forever.  Postings are subject to civil discovery.  Everything you say or write can and will be used against you. 

 A time or two per day, I read things here that some might consider libelous.  I sometimes read things here that many might not want read to a legislative committee.

  G.

Gatti, Gatti, Maier, Sayer, Thayer, & Associates

1781 Liberty St. SESalem, OR 97302

1-(800) 289-3443

 msmith@...

  

  

 

-- Schneider DC PDX

[Guest guest]

Thanks for the wise words !

M Kalb MS DCAuthor of Winning at Aging www.winningataging.com Wellness Chiropractor and Health Coachwww.DrKalb.com

, it is the spirit of this list serve to keep postings confidential and I believe our list serve rules do a decent job of 'codifying ' this. I believe most of us respect this spirit of camaraderie and confidentiality and thus this list serve is a great place to share ideas on a wide variety of subjects.

On the other hand, as we just witnessed a few months ago, some on this list serve do not recognize the spirit of this list group but will live only by the legal letter of the law with regard to list serve rules relating to confidentiality. I believe Dr. Burke exhaustively discussed the 'letter of the law/rules' relating to confidentiality for our list group in a post some months ago.

All this being said -sadly enough- we indeed should heed the advice of our good lawyers and be careful what we say in this forum-at least until our wise moderator comes up with some better 'rules' of engagement for this list.

Schneider DCPDX

- I hope what you say is true. It is what I believe is fair and allows me to stand by what I say and write!

M Kalb MS DC

Author of Winning at Aging www.winningataging.com

Wellness Chiropractor and Health Coachwww.DrKalb.com

A few things:

-the statement has to be false in order to be defamation/libel. You make a truthful factual assertion, it’s not defamation.

-if the statement is about a public figure, defamation also requires actual malice as a mental state.

-if you state your opinion rather than stating a fact, it’s probably not going to be found to be defamation.

As to ’s pragmatic points, this list is as leaky as any other. The folks who don’t like what you have to say may forward your emails or save them and bring them to Salem to show to legislators, they may even turn up in a case you testify in.

T. Hill, PC

520 SW Sixth Avenue, Suite 1250Portland, OR 97204

chill@...

http://www.portlandinjurylaw.com

From: oregondcs [mailto:oregondcs ] On Behalf Of Kalb

Sent: Tuesday, May 15, 2012 7:09 PMTo: cote@...Cc: ; Oregon DC Group

Subject: Re: Listserves are "public"--postings on listserves are public publications

That's a chilling reminder . Is there anyway to make this private and secure? Aren't we entailed to express our personal opinions without being held for liable? How do the "shock jocks" get away with it? What happened to free speech anyway, I know I am being naive here, but where is the balance?

M Kalb MS DC

Author of Winning at Aging

www.winningataging.com

Wellness Chiropractor and Health Coachwww.DrKalb.com

Thank you! Cote DCSilvertonSent from my Verizon Wireless BlackBerry

Sender: oregondcs

Date: Tue, 15 May 2012 17:56:08 -0700

To: <oregondcs >

Subject: Listserves are "public"--postings on listserves are public publications

Hey all:

Just a little reminder that all postings on this (and just about any other) listserve are "public" "publications."

"Libel" is generally defined as follows: "A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another." I doubt any of your various insurance policies would pay for a lawyer to defend a libel action, and they certainly wouldn't pay any judgment that might result.

There are other reasons to beware. Anything and everything posted on this and any other chiropractic listserve could be presented to the Legislature as indicative of what your profession "thinks" about certain issues, about certain people, about certain laws, and about certain legally created corporations. Everything posted on this listserve will exist in cyberspace forever. Postings are subject to civil discovery. Everything you say or write can and will be used against you.

A time or two per day, I read things here that some might consider libelous. I sometimes read things here that many might not want read to a legislative committee.

G.

Gatti, Gatti, Maier, Sayer, Thayer, & Associates

1781 Liberty St. SESalem, OR 97302

1-

msmith@...

-- Schneider DC PDX