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'Ted' Theodore Lewis Whidden

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     Exposing Fraud and Deception to protect the public good.

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http://en.wikipedia.org/wiki/Negligent_infliction_of_emotional_distress

negligent infliction of emotional distress (NIED)

 

http://en.wikipedia.org/wiki/Intentional_infliction_of_emotional_distress

1.Defendant acted intentionally or recklessly; and 2.Defendantís conduct was extreme and outrageous; and 3.Defendantís act is the cause of the distress; and 4.Plaintiff suffers severe emotional distress as a result of defendantís conduct.

 

Some general factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.[8][9]

 

 

 

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Supreme Court ruled unanimously written by Judge William Rehnquist concerning Hustler Magazine v Jerry Falwell

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty Ė and thus a good unto itself Ė but also is essential to the common quest for truth and the vitality of society as a whole."

Supreme Court Judge Scalia wrote concerning Pope v Illinois

"Just as there is no use arguing about taste, there is no use litigating about it."

Copyright May 2011, All rights reserved by Ted Whidden