Saturday, May 9, 2009

Hitting a Nerve with the Unversity of South Dakota School of Medicine Faculty

I understand that this blog is really irritating the University of South Dakota faculty and administration. Recently, the USD attempted to shut-down this blog with threats to eBlogger and its parent company Google (its nice when one has friends who work for the internet giant). Maybe, the USD administration should take some advice from its law school faculty on the premise and gurantees of the First Amendment to the United States Constitution. The USD administration has went as far as making claims about defamation of character; again, learn the premise of the law before "you" make such claims. To help "you" out, I'll just guide you on a short outline of of the principles of defamation. To prevail on a defamation claim you must prove: (1) that the statements made are false, (2) that the statements were made to a third party, (3)the statements were made with intent to harm you or your reputation. Since ALL faculty (and administration) at the USD are "public figures," the burden of proving actual malice must be demonstrated.

Okay, so there is my $200K legal lesson to the USD. The facts of this blog stand strong. A majority of the faculty of the University of South Dakota School of Medicine are just not qualified to hold a position within a medical school ... this is certainly true for the PhD level individuals.

South Dakota its your move!

No comments:

Post a Comment