Anti-Defamation Legacy Law Advocates – AdLLaw Initiative

WE are asking the U.S. Senate to adopt and support The Anti-Defamation Legacy Law Initiative (AdLLaw) (pronounced Ad-Law).  The Initiative’s goal is simple.  It is meant to bring about legislation which will include the deceased among those who, when defamed, can have the same legal protection by giving their family a statute upon which to base a civil cause of action.  We see this law as any other; a possible deterrent for most and a tool for the more serious offenders.

Originally we thought to start with California. The California Courts Judicial Council created a draft Initiative.  Although, prepared for California, the language of the document clearly states our intention. A MoveOn.Org petition has been created, hoping to show our political leaders this is something the people wish to see happen.  We hope it will make deciding to adopt or support the proposed legislation a bipartisan effort.

There is a long list of decedents who have been egregiously defamed throughout history. Trayvon Martin and Michael Jackson are but the latest victims of defamation. Trayvon’s character is determined by gold teeth caps, a hoodie, his age and ethnicity.  His legacy becomes a death made mockery for profit and agenda using a shooting range target and garment created for ridicule, and ratings by way of a death scene photo. 

We are all familiar with the level of unfair media attention heaped upon Michael Jackson in the past; there is no need to reiterate it here. Journalists hid behind freedom of speech in an attempt to destroy Michael Jackson for entertainment and profit. Michael Jackson devoted his life to demonstrating love. He encouraged us to change the world. There is no better way to honor Michael than to make positive changes wherever we can. One of the ways we can make an important difference is to work for a law to be passed that makes it illegal to defame the dead. 

The freedom of speech is a right that we all enjoy in the United States, and to lose any part of that freedom would be a travesty. However, with freedom comes responsibility. Each of us has a duty to be honest, fair, and balanced in what we say. Journalists, those from whom the masses get their information, should he held to an even higher standard. It is ugly enough to attack someone while they are here, but to continue to promote old lies, innuendo, and hate once they can no longer speak for themselves is reprehensible.

It is because of these men such as Trayvon Martin and Michael Jackson that we decided to turn this into a National effort, finding the longer it is delayed the worse the situation becomes. We believe the AdLLaw Initiative is important.  We hold dear our First Amendment rights, but there is nothing in our Constitution about slander being a right or an acceptable example to set for our children.

We were working to have California Civil Code §§ 44-48 revise the definition of who can be defamed to include “a natural person whether living or dead”.  An initiative measure was been written by the Judicial Counsel (Initiative: Libel or Slander: Decedents – #1212737).

The proposed statutory written for the Anti-Defamation Legacy Law Advocates by the California Legislative Counsel on July 13, 2012

Diane F. Boyer-Vine, Legislative Counsel

By: Aliza Rachel Kaliski, Deputy Legislative Counsel

The proposed statutory:

SECTION 1. Section 44 of the Civil Code is amended to read:

44. (a) Defamation is effected by either of the following:

(a)

(1) Libel.

(b)

(2) Slander.

(b) (1) Defamation of a person may occur whether that person is living or deceased.

(2) An action for defamation of a deceased person may be brought by any individual who would be entitled to succeed to any portion of the deceased person’s estate that passes under Chapter I (commencing with Section 6400) of Part 2 of Division 6 of the Probate Code, or its successor. A defamation action shall not be brought for defamation of a deceased person occurring more than 70 years after the death of the person.

SEC. 2. This measure may be amended to further its purposes by a statute, passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, and signed by the Govemor.

AdLLaw Initiative Petition to U.S. Senate and President

Posted by: The Ant-Defamation Legacy Law Advocates

 

Is this enough for you?

Do you believe there are boundaries the Media and the public should not cross when it comes to the dead?

On July 12, 2013, a full body picture of Trayvon Martin as he lie dead appeared on several social media pages, websites and YouTube videos.  This photo is not blurred.  The photo is part of the video footage from the courtroom fed to the Media pool.  It was briefly televised by MSNBC. It became Internet property when it was published as part of a commentary on a site called Gawker.

Previously it had been published by Huffington Post, however, the body was covered and the face was not shown.  The MSNBC reporter and Gawker site owner says the report which included the photo was not meant to exploit the sensationalized aspect of the photo and apologized for the anger it caused

We have not provided a source link which would take you to the picture.  Omitting the link was done out of consideration for the teenager’s family.  If you need to verify it is easy enough, but my question to you is:

Could you accept thousands, tens of thousands or millions looking at anyone whom you cared about as they lie dead?

How would it affect you to have such a photo reproduced over and over again until it is a common item on the Internet; one which you could come upon without warning at any time?

Could anyone justify to you their reasons for turning such a photo into a source of curiosity or entertainment?

Do you believe people should be able to use death photos to mock the deceased or as means of financial gain?

WHEN IS ENOUGH…… ENOUGH?

OUR MISSION:  Organize to protect and preserve, publicly, the legacy of those deceased and propose that all states/countries having defamation/slander civil codes be changed so that defamation applies to a “natural person whether living or deceased.

OUR GOAL:  Seeking support for a bill that would make it unlawful to defame a person who is deceased. Slander and libel are not protected under the First Amendment while a person is living. The same protection should be extended to a person after they are deceased. The loved ones of someone who has passed on should not have to live with the continued defamatory stories and false accusations that can so easily be paraded as fact.

Please support the CadeFlaw Initiative.  We need people to send letters or emails to the California Representatives.  We need people who know people in California to help get the word out, to sign the petition.

Note:  Neither this writer nor CadeFlaw’s intent is to exploit the tragedy of this nor any other person by telling their story.

S. Kendrick, Cadeflaw Resolution Specialist – a.k.a. Dial Dancer

AdLLaw Initiative GLOBAL Petition

Cadeflaw Global Petition  Petition Closed

Cadeflaw CA Residents Petition  Petition Closed

 

The Death of A Good Name: At What Cost?

Ecclesiastes 7:1…..A good name is better than fine perfume, and the day of death better than the day of birth.

Death is the final cessation or termination of existence. In the case of this article a “Good Name” speaks of a reputation and a legacy.  A “good name” is a good reputation, where the name alone evokes thoughts of a great person, such as the name David had in Israel.  A legacy, in historical terms, is something that is handed down from one period of time to another period of time. A historical legacy can be a positive thing or a negative thing. Source

Something handed down from an ancestor or a predecessor or from the past. Source

We are not born with good names but they are given to us upon arrival. We build on what has been given to us and our legacies begin to take shape as we move forward with the construction of that foundation, using the tools that have been handed down to us. At times we may take a turn in error or lay down some material not so promising to keep the storm from destroying that which we have built. Many have attempted, for decades, to destroy what Michael Jackson worked so hard to build and it is time for the viciousness to be put to rest.

The name Michael Jackson is one that’s esteemed globally. He has the greatest fan base in the world. They are not well received by many but that is only because they labor to protect his name, not to protect any wrong doings, but the good name he left behind.

Personally, I never supposed Michael Jackson to be a perfect man but a good man who strived for excellence.  Although many will continue to call him a “Perfect” man he never accomplished that task, because no human is capable. However, he portrayed a great illusion of perfection. As the saying goes, “Things are rarely what they seem.” Beneath the complicated layers of illusion stand imperfect people with very imperfect lives. Source

King David was one such person. Despite the fact that he was chosen by God to be King and despite his many successes as King, David remained a very imperfect man who led an imperfect life. He struggled with issues prevalent today: temptation, greed, dishonesty, and adultery among them. His sins were numerous and devastating. His walk with God faltered. Yet despite his imperfection, David was a man who sought God. Despite David’s imperfection, God did not turn away from him.

King David was not a perfect man but a good man. He was counted and is noted to be a man after God’s own heart. Yet, history reveals that David committed some shocking acts and the memory of King David is blessed. He is still well thought of today. Proverbs 10:7 – The memory of the just is blessed: but the name of the wicked shall rot.

I can assure you that Michael Jackson is also such a man. His name will not rot but he will be remembered and honored for many decades to come. Four years has passed since his death and he is still being remembered and his name is blessed among men all over the world.

It is not by sheer coincidence a warning was announced by the AEG legal team that some horrible and definite revelations would be unearthed with a negative reference to Michael Jackson; and we get that. Surely that promise has been kept. It is my opinion that this threat was made to encourage Mrs. Jackson to drop the lawsuit and I am glad she did not. At what cost should she give up the right to find out what actually happened to her son? For that, I salute her. We have to stand up for we were not given the spirit of fear but of power, a sound mind and love.

2 Timothy 1:⁷ For God hath not given us the spirit of fear; but of power, and of love, and of a sound mind.

Now, we have another onslaught of tabloid foolishness accusing Mr. Jackson of paying millions of dollars as hush money to victims he supposedly molested. We then have a good friend who gave sworn testimony eight years ago that Michael was innocent and had never touched a child in a demeaning way. After four years of his passing this “friend” threatens Michael Jackson’s estate with a lawsuit. IF these things are true, and I have no doubt they are lies, why did the accuser not go to the police or just tell his story. His first stop was to the Estate managers with the intent of being paid. What is more important, the truth or getting paid? We get that too.

Let me be clear, the Anti-Defamation Legacy Law Advocates DO NOT advocate against victims of sexual abuse whether they be children or adults. In fact these offenders should be punished immediately and harshly. However, it has been proven in a court of law that Michael Jackson was innocent of the alleged charges of child molestation. How long will those who loathe or secretly hate him continue to extort him financially and morally? Though his body is no longer available to receive the continued jabs, they have now been transferred to his family and especially to his three children. They now suffer the continued and unexpected thrusts of those jabs.

It is reprehensible to continue to damage or to slay a person’s reputation by promoting rumor, innuendo, gossip and sensationalism as fact after they can no longer protect themselves. Hiding behind the First Amendment, while exploiting the names of the deceased for entertainment and profit, is not honorable.

A person’s Legacy is defined as how they are remembered; what contributions they made while they were alive. Timeless parts of themselves are passed on to others leaving hope for the future.

It is time for those in authoritative positions and/or leaders to take a stand against irresponsible journalism and fight to protect the rights of those who can no longer fight for themselves. These continued and debasing attacks on Michael Jackson’s name is, simply put, an attempt to bring “Death to his good name”.

How much longer will those of us who believe in the memory and excellence of this good man, Michael Jackson, have to battle unaided by the managers of his estate to protect and preserve his legacy?  It seems to be a never ending combat zone, but yet we stand strong and will not stop until we are heard. Will the Estate Managers’ take a position on the latest allegations of child molestation? Will you allow your voices to be counted among ours? At what cost will we continue to allow this man’s name to be murdered? Michael Jackson has a global network of soldiers to support you; speak up for this man.

Until one can learn how to separate FACT from CONJECTURE they should have nothing to say.  So far the estate managers have done a fairly decent job preserving Mr. Jackson’s assets but what will they do to protect and preserve the name attached to those assets?

Mr. Michael Jackson’s name will not ROT. We will keep it nourished with LOVE along with the presentation of FACTS.

MJ Brookins, CAD

CADeflaw’s goal is simple.  We wish to include the deceased among those who can be legally defamed in California and give their families a statute upon which to base a civil cause of action.  Support the Cadeflaw Initiative by signing the petition. Protect and Preserve the Legacy of those deceased.

AdLLaw Initiative GLOBAL Petition

Global Petition Link Petition Closed

CA Petition Link Petition Closed

Resources:

http://www.icr.org/article/good-name/

http://www.letgodbetrue.com/pdf/good-name.pdf

http://www.scotland.gov.uk/Publications/2011/01/11092246/3

 

DEFAMING THE LIVING BY DEFAMING THE DEAD

Recently another teenager has joined what is called an epidemic of attempted suicides by adolescents.  The youngster’s attempt received Media coverage the world over.  One reason is reported to be extreme attacks of bullying using defamation.

Within days of what could have been a greater tragedy, a well known shock jock with an Internet audience of millions aired a program which did defame the teen’s deceased father and may have only added to an agitated emotional state.

This teenager’s only crime is being the child of a famous decedent, and having an outgoing personality which has been exploited by the media.  The teen faces a very intense case of bullying using defamation by persons citing 1st Amendment Rights.  Daily, thousands of people come to the Internet posting repugnant comments, cruelly created videos and photos which slander the teen, the father and other family members.

Social Media is used to send threats of physical and sexual assault with the intent to destroy the teen’s confidence and sense of well-being.  For many this child is a surrogate for a famous parent who is loved and hated in equal degrees worldwide.  His is the worst case of a calculated defamation in life and death known to this writer.

The shock jock had a guest on his show.  This guest is reported to be a person of notoriety, due to a claim that his lover is a deceased famous person as well.  During his interview, which was about his alleged lover, this guest adds the teen’s father to his story.  This is something the guest has done before, weaving the name of the famous into his stories. It is done in order to gain greater attention from the printed media, television and radio personalities for his appearances which equal cash payments.  The interviewed guest went into a narrative of proposed intimate encounters between the guest and the teenager’s father.  He used language that was over the top graphic, the type that stimulates and salivate the detractive nature of the shock jock’s listeners.

This tale was told and aired with a disregard for the teen, surely knowing it would become a gossip topic and a new weapon to be used by the teen’s tormenting defamers.  The guest’s story is not verified.  The decedent has never claimed any kind of special relationship physical or otherwise with this person.  However, due to the fact he is deceased he is now fair game for defamation and so is his family by way of him.

Since this shock jock’s program there has been an increase of defamation of the teen and the deceased father.

“Words are very powerful.” Journalists use them to inform, entertain and educate their readers and listeners. Words can be used to expose faults or abuses in society and to identify people who are to blame.

However, used wrongly or unwisely, they can do harm. Words can misinform the public and they can hurt people with false accusations. At one stroke words can destroy a reputation which someone has spent a lifetime building. So people must be protected from the wrongful use of words.”

To defame someone, journalists do not have to make up false things themselves. You can defame a person by repeating words spoken by someone else.

Note:  In the above quoted paragraph, I would substitute the word people for “journalists.”  Anyone can and now does fall into this category. 

The News Manual

The CadeFlaw Initiative may become a tool or deterrent for the living who are defamed by using their deceased loved one.  The Internet is full of how to pages, courses and groups established to teach writers how to libel without looking like they are doing so; how to skirt the law while knowingly practice slander. There are legal services available to writers who may not have been skillful enough to cover their libel that will help them with counselor or in court.

We humans are the only species to inhabit this planet that will place our children in harm’s way with full knowledge of doing so.

We are the only species that will know of a flood beforehand and not take proper measures and will ponder after the event, whether to build a dam before the next impending flood comes.

Support the Cadeflaw Initiative and give persons like this young girl or her immediate family a chance to fight back.

 Cadeflaw Global Petition Link

CA Cadeflaw Petition Link

ALL Cadeflaw Petition Links

S. Kendrick, Cadeflaw Resolution Specialist – a.k.a. Dial Dancer