Author: Amir Ban
Date: 11:07:11 04/05/03
Go up one level in this thread
On April 04, 2003 at 23:03:52, Vincent Diepeveen wrote:
>
>>1. Check if in your jurisdiction, there is something that limits freedom of
>>expression ("speech" in the USA) where the primary purpose of such expression is
>>to espouse hatred.
>
>lawyer costs in USA, but in the end they will tell you they do not know because
>to sue such persons you need to sue someone in his own hometown.
>
>>2. If so, file a formal complaint with your local police.
>
>austrian police will laugh at you for something like that and judge you as the
>typical american, confirming their ideas about them.
>
>>3. Check if in the sender's jurisdiction, there is something similar.
>
>yeah you can start a courtcase in the town where the person lives.
>his village is like 200 people so you probably need to go to the nearest
>'canton'.
>
>Then the next question is what court you try to sue someone.
>
>That means in the meantime you already pay triple lawyer costs, because
>in europe (and i assume in austria it isn't much diff from netherlands here):
> a) under european law in general courtcases without paying lawyers is
>forbidden
> b) you need a laywer to start a courtcase
>
>Then after $5000 lawyer costs you will find out that actually in europe winning
>a courtcase is very difficult. Basically you can win a courtcase if the sued
>person doesn't defend himself. Amazingly enough many do not do that indeed. They
>do not show up.
>
>But this person would show up with a lawyer.
>
>>4. If so, file a formal complaint with his local police.
>
>You repeat yourself here. That's already adresses above. They will laugh in
>austria for that.
>
>>5. File a formal complaint with the sender's employer. (Even in a university,
>>there are practical limits to an academic's freedom of expression.)
>
Freedom of speech doesn't give the right to be in personal contact with anyone
who doesn't want it.
When anyone bothers you and doesn't want to stop (the contact does not have to
be abusive), you can stop him with a restraining order (sometimes called a
protection order). It's a civil, not a criminal, proceeding, but disobeying it
brings the offender into criminal jeopardy.
Going to the police (criminal) or to the employer (threatening the livelihood of
the offender) is IMO over the top for this.
Amir
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