Tuesday, March 10, 2009

Mental Health challenges: what can one blog about in terms of malfeasant Family Care Homes' behaviors: tempting arrest can have its advantages

Today I was asked by WNC Homes, a Family Care Home in western NC----scratch that-----today I was DEMANDED to remove IMMEDIATELY from my blog any reference to WNC Homes as I sat in the DSS Buncombe meeting in order to 'resolve' some 'misunderstandings' about why I believe I have a right to see my clients at their residences in their Family Care Home.

WNC Homes called the Buncombe County sheriff on me three weeks ago because I refused to stop having therapy w/ my client in the client's residence. That action created a sheriff's report. Jeff Clifton of WNC Family Homes told me to NEVER come back on 'his' property (I mean the property that is completely supported by the social security check payments of the disabled people who live there some of whom are my clients).

That means that WNC Homes has created a 'public' incident. And that means that you, Jeff Clifton, are now a public figure.

NAH. I'm not taking off anything.

And since you're reading this, Jeff Clifton of WNC Homes, know that I figured out that you intercepted the letter that I sent to my client who complained and complained that he never received it. Can you say MAIL FRAUD? Can you imagine HIPAA VIOLATION? The dead giveaway was in the Release of Information form that you included in your 'packet' you handed out at DSS today: the release of information had ONLY the name of the legal firm to whom the information was intended.

I suggest you back far, far away from me.

Check out the wonderful and only EFF, Electronic Frontier Foundation: http://www.eff.org/issues/bloggers/legal/liability/defamation

"Is there a difference between reporting on public and private figures?

Yes. A private figure claiming defamation—your neighbor, your roommate, the guy who walks his dog by your favorite coffee shop—only has to prove you acted negligently, which is to say that a "reasonable person" would not have published the defamatory statement.
A public figure must show "actual malice"—that you published with either knowledge of falsity or in reckless disregard for the truth. This is a difficult standard for a plaintiff to meet.

Who is a public figure?

A public figure is someone who has actively sought, in a given matter of public interest, to influence the resolution of the matter.

What is a "fair and true report"?

A report is "fair and true" if it captures the substance, gist, or sting of the proceeding. The report need not track verbatim the underlying proceeding, but should not deviate so far as to produce a different effect on the reader.

What if I want to report on a public controversy?

Many jurisdictions recognize a "neutral reportage" privilege, which protects "accurate and disinterested reporting" about potentially libelous accusations arising in public controversies. As one court put it, "The public interest in being fully informed about controversies that often rage around sensitive issues demands that the press be afforded the freedom to report such charges without assuming responsibility for them."


Post a Comment

<< Home