Interesting question on libel. The DMCA provides Internet hosts with a safe harbor regarding copyright violation committed by users, but defamation is an entirely different kettle of fish, and communicating someone else's defamatory statement is actionable defamation in most states, IIRC. So Facebook might be liable for a defamatory posting they propagate, even if they have no knowledge of its defamatory nature.
However, this is not legal advice, just my vague recollection from my time as a 1L, and you are not my client.
In some states, you don't have to prove damages if it's defamation per se.Varies by state and if I recall you typically have to prove actual damages.
In some states, you don't have to prove damages if it's defamation per se.
"Traditionally, there have been four general categories of untrue statements presumed to be harmful to one's reputation and therefore defamatory per se. Typically, if the statements do not fall into one of these categories the plaintiff is required to prove his damages. If it does fall into one of these categories, damages are usually presumed. The four general categories are:https://injury.findlaw.com/torts-and-personal-injuries/what-is-defamation-per-se-.html
- Indications that a person was involved in criminal activity
- Indications that a person had a "loathsome," contagious or infectious disease
- Indications that a person was unchaste or engaged in sexual misconduct
- Indications that a person was involved in behavior incompatible with the proper conduct of his business, trade or profession"
"Truth is not relative, an apple is an apple and an orange is an orange".
In my youth I would have agreed with this but I don't think it's this cut and dry anymore. Almost every Facebook debate I've participated in involved someone defending what they believed to be the truth.
Someone disagreeing on what an apple is does not make an apple anything different. The analogy is a poor one though. Rather say: Facts are immutable and not debatable. Everything else is theory.
I agree with your sentiment regarding facts as opposed to her quote stating that "truth is not relative". For example, is abortion murder? Are transgender people who are not biologically intersex mentally ill? Does thought require language? Do human beings have free will? etc.