i haven't studied it for awhile, but i don't recall the test for defamation being how the person feels about it, but rather how others perceive it. unless it is defamation per se. it seems pretty unlikely that accusing someone of believing in Jesus is on a par with saying he or she has a loathsome disease.

On Monday, May 17, 2004, at 07:42 PM, Paul Finkelman wrote:

Do we know anything about the judge in this case; I realize judges are *supposed* to not bring their religious beliefs into the courtroom, but having testified against Chief Justice Roy Moore of Alabama, I know that is not always the case.  Perhaps this judge is so certain of her own religous views that she cannot comprehend how anyone would find such an allegation offensive or defamatory.
--
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/

"There are obviously two educations. One should teach us how to make a living and the other how to live."

James Truslow Adams


--
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8428
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar

"
Nonviolence means avoiding not only external physical violence but also internal violence of spirit. You not only refuse to shoot a man, but you refuse to hate him."

Martin Luther King, Jr.

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