日志
海明涉嫌诽谤桑兰的语句
热度 2 ||
海明到底诽谤了桑兰什么呢？ 这个问题，我刚才看了一下，一共有六句话。
- Defendant’s Blog on September 25, 2011: “But, what disgusted me the most was Lan Sang allowed Jian Huang to sexually ill-treat her dog Xiaomei. That day during a meal at their home, the two of them said that Xiaomei had a strong sex drive, and always rode on Jian Huang. Lan Sang said Jian Huang wanted to sexually assault Xiaomei by wearing condoms. I immediately said “Shut up!” I could not listen to that any more. It was disgusting. I am a determined animal defender. Have they no shame? Since then I particularly disliked them.”
- Defendant’s Blog on September 21, 2011: “Lan Sang said that if Jian Huang abandoned her, then she would come to the United States to be Hai Ming’s mistress.”
- Defendant’s Blog on September 21, 2011: “She [Lan Sang] also told me how bad my wife is and how nice she is.”
- Defendant’s Blog on September 26, 2011, “Would I accept this mistress? I helped her because I didn’t think I was a nice guy, and I would like to help the disabled to accumulate virtue for myself. But out of expectation, I got bitten by the snake.”
- Defendant’s Blog on September 26, 2011, “Lan Sang has defaulted on her rent and stole the keys. She also accused me of misleading her.”
- An interview to Chinese reporter Lijing Bian at a press conference in March 2012, “Lan Sang provided me falsified evidence for her case.”
海明（通过律师）发起简洁评判动议，称上述不构成诽谤。但法官认为 1，2,3,4,6 都可能构成诽谤，海明动议被拒。第五句后面部分“She also accused me of misleading her.” 不构成诽谤。但前面的"桑兰未按期交租且偷了钥匙“（”“Lan Sang has defaulted on her rent and stole the keys. “） 可能构成诽谤。法官写道：【虽然一个讲理的陪审团可能会结论这句话不假，但是其带刺的是“偷窃”的指责。桑兰没还钥匙不等于偷了钥匙。类似的，桑兰是否欠房租不交也是个事实问题。](【[While Defendants have a colorable argument that a reasonable juror could not conclude that the statements are false, the sting of the statement is the accusation of theft. Just because the keys were not returned does not mean that they were stolen. Accordingly, there is at least a question of fact relative to the falsity of the statement regarding keys. Similarly, whether Plaintiff "defaulted" on her rent depends on whether there was any understanding between the parties regarding Plaintiff's ability to offset payments for upkeep on the house against her rent obligations. Because that is a question of fact that was not addressed by the parties, Defendants motion for summary judgment as to these statements must be denied. 】) 我估计法官判这案子是哭笑不得。
