Stalker rdmcandie wrote:
gbaji wrote:
It's not illegal for you (or someone else) to say that you used drugs in the past. It's only illegal to get caught using/buying/selling. That may seem like a silly distinction, but it is somewhat important from a legal perspective.
Actually it is illegal for someone else to say anything about it...no matter how true it is. Its called defamation of character.
Well, I was talking about whether it would be illegal for the person being talked about. Meaning, if you (or someone else) relate a story about how you used some drug at some point in the past, you will not be charged with drug use. Unlike normal victim based crimes, vice crimes tend to require some officer to witness the crime itself. And the crime is currently possessing, using, or being under the influence of, the substance in question.
Having said that, you're also complete wrong about the whole defamation thing. If the person has evidence that what he's saying is true (like say a video of you using the drug in question), he absolutely can tell others about it, and you've got more or less zero legal recourse.
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It is exactly what the media has been doing to Ford since this Drug use video surfaced, they have been hounding him for 6 months over events that happened in summer 2012. Which is why Rob Ford is now taking people to court.
If they have a video of him doing what they've been accusing him of doing, he's not going to win those suits. I'll also point out that public figures are less protected by our libel/slander laws than regular folks. Doubly so for those in public office. So he's really kinda got no grounds to stand on there IMO.
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In terms of topic at hand...it is a distinction without a difference.
Saying it a second time doesn't make it true. Even if we just look at the legal ramifications, that's sufficient to say there's a massive difference. Ford will face no criminal charges for what he has done. Therefore, since he hasn't broken any laws, none of the automatic rules regarding commission of crimes while holding public office apply. He's only subject to public approval, which is pretty much the same for any politician all the time.
This is massively different than a politician caught in a police sting.
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Legality is irrelevant in a discussion about public perception.
Sure, but public perception only matter with regard to possibly losing his office. So it's the difference between automatically losing your position, and possibly having sufficient public outcry that you may have to resign your position. I'd say that's quite significant and relevant.