How Stupid is Stupid?

It's All About Credibility Stupid...

"...Attached hereto as Exhibit “F” is correspondence from Ms. Hamou to Mr. Moshein placing him on notice that the statements he was publishing were false and to cease with their publication. As the defamatory information was posted on the internet, it was published to the general public a new each day, even after Mr. Moshein was advised to the materials false nature. A fact question exists as to whether a reasonable person would have published such outrageous statements without a more thorough investigation into their veracity; especially after being notified of their inaccuracy.

Based on the facts set forth in “Exhibit “F”, not only was Mr. Moshein negligent with regard to the truth of the published statements, but a fact question exists as to whether his actions rise to the level of actual malice. Actual malice in a defamation case is a term of art. Unlike common-law malice, it does not include ill-will, spite, or evil motive. Huckabee v. Tie Warner Entertainment CO. LP., 19 SW3d 413, 421-21 (Tex. 2000). Rather, to establish actual malice, Ms. Hamou must show that the defendant made thestatement "with knowledge that it was false or with reckless disregard of whether it was true or not." Id. at 420. (citing New York Times Co. v. Sullivan 376 US 254, 279-280,(1964). Reckless disregard is also a term of art. Id. at 420 To establish reckless disregard,a public figure must prove that the publisher "entertained serious doubts as to the truth of his publication.” Forbes v. Granada Biosciences Inc. 124 SW3d 167, 172 (Tex. 2003) Despite Ms. Hamou providing Mr. Moshein with notice of the false nature of the outrageous claims (e.g. a terrorist, a violent criminal), Mr. Moshein continued with the publication. At the very least, Mr. Moshein should have questioned the truth of the outrageous nature of the statements.

Enigma Films, The Sarskaia Foundation, Oma Hamou v. Robert D. Atchison, Robert M. Moshein, Pallasart Web Ventures, Inc. Case No. GN303141 - Austin, Texas http://omahamou.com/PDF/HAMOUANSWERMOSHEINSUMMARY.PDF

Source: http://alexanderpalaceobsession.blogspot.com/2007/06/on-aa-legends-another-history-forum.html & www.legendofanastasia.com/