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 马v.郑，最高法院的决定: Supreme Court's final decision |
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牛乐吼
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作者：Anonymous 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
Ma vs Zheng: Supreme Court's final decision by Chief Justice 牛乐吼
Supreme Court of the Forum of "Seldom Seen and Fancy Talk"
December 24, 2002
Case Information: Mr. Beiming Ma v. Mr. Yi Zheng, Case No. 001-2002
Syllabus
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* In November 2002, Mr. Beiming Ma brought this civil equity action against Mr. Yi Zheng to this forum, in his complaint, Mr. Ma alleged that
a) Mr. Zheng intruded his privacy by revealing the content of a letter he sent to "MingZhu Zhongguo" without his consent, and
b) Mr. Zheng defamed him by accusing him using different pen names to publish articles with conflicting opinion, also known as "ZuoYou HuBo".
In December 2002, the Lower Pseudo Court, headed by fake judge Di Lu, entered a summary judgment in favor of Mr. Ma, holding that Mr. Ma's right to privacy was violated and his reputation was injured.
* Held: The judgment by fake judge Mr. Lu is reversed.
Opinion
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* Chief Justice concluded that:
1. Mr. Ma's letter was addressed to "MinZhu ZhongGuo" instead of any individual, he should have no reasonable expectation and control as to which particular person should or should not have access to it. His letter contains no private information but his explanation to a subject matter which has certain public interest.
In his article "Ma Beiming can't argue the both sides", appeared on "MinZhu ZhongGuo" in 1994 , Mr. Zheng quoted few paragraphs from this letter to present Mr. Ma's acknowledgment and explanation regarding to "ZuoYou HuBo". In doing so, Mr. Zheng preserved the fairness and integrity of argument without putting words into his adversary's mouth. It shall not be construed as a violation of Mr. Ma's right to privacy.
2. Mr. Zheng's article contains no defamatory statements and was not published with knowledge of any falsity or in reckless disregard of the truth. What he wrote in his article is merely an expression of his personal opinion, no different that others on this forum who frequently expressed their own, therefor shall be fully protected by the First Amendment of the Constitution.
Even on this forum, the prevailing view of "zuoYou Hubo" is neither negative nor positive, most people's approach is "don't care", there is no substantial evidence showing that Mr. Ma's reputation was harmed or can possibly be harmed by such an unpopular opinion.
3. "MinZhu ZhongGuo" treated whole incident fairly and properly. With due diligent, they checked and rechecked facts and gave Mr. Ma plenty of opportunities to present his view. "MinZhu ZhongGuo"'s refusal to publish the article in question was well within its power and in conformity with any established code of business conduct.
4. The facts and opinion in Mr. Zheng's article are not established based upon the existence or nonexistence of "Mr. He", a ghost still yet to surface. Any evidence or any attempt to present any evidence, or any argument about any possible evidence regarding to the "existence or nonexistence of Mr. He" bear no relevancy to the subject matter, therefor any such evidence shall be ruled as immaterial and inadmissible.
5. The Lower Pseudo Court, headed by fake judge Di Lu, reached its conclusion based on prejudice and negligence. The Court failed to recognize the issue at the center is neither the existence of "Mr. He", nor Mr. Ma has ever done "ZuoYou HuBo". The true issue is that whether or not Mr. Zheng violated Mr.Ma's privacy right, and whether or not Mr. Zheng, acted with malice in his article, mischaracterized Mr. Ma with knowledge of falsity and reckless disregard of the true facts. The Lower Court also failed to examine
the statement and evidence with credibility of both sides.
6. This Court's decision to reverse the Lower Pseudo Court's judgment further strengthen the First Amendment's vital guarantee of free expression without inhibiting the exercise of individual's right to privacy and values of defamation law.
7. This Court will issue a gag order at a time it deems proper to prohibit further discussion of this case in public arena.
作者：Anonymous 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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