We endorse the

Anti-Defamation Legacy Law Advocates

Petition to the U.S. President U.S. Senate

United States

House of Representatives

Support the Anti-Defamation

Legacy Law Initiative

http://petitions.moveon.org/sign/protect-the-legacy-of

"Protect The Legacy of the Deceased and The Sanity of Their Survivors" (AdLLaw Initiative)

Why This Is Important

STOP LIES AGAINST THE DEAD

Did you know that President Johnson was a multiple murderer?

Did you know that Errol Flynn was a secret Nazi?

Anyone can be victimized by lies that hurt his or her reputation. Sometimes a person, newscast, newspaper, or Internet post can say untrue things about a person; like he committed a crime, had a disease, or cheated his customers in business.

Living people can sue in court when they have been hurt by lies and they can demand a retraction in a newspaper. Even though the lies are still out there, the victim can get compensated with money.

Dead people cannot sue because they dont legally have reputations. They dont have privacy interests according to the Constitution. But they still can be attacked by people on the Internet or in the press. These attacks hurt the dead persons reputation what else does he have? They also harm his family.

We need to plug the hole in the law that allows dead people to be attacked and lied about. You dont have to be famous to have terrible lies told about you or your family in the newspaper. What if your name was similar to a criminals name?

When Jack Rose died, an obituary written in the local newspaper confused him with a notorious gangster. Somehow the paper got the names of the innocent mans family correct, but characterized him as a criminal.

The family was barred from suing for defamation of his name because he was dead. And the family could not get damages from the newspaper because they were not called criminals.

If your name is similar to someone with a bad reputation, you can have a bad reputation. And if you die, your family can probably do nothing legally even if they, themselves are named.

What can you do?

Please sign this petition.

Support the legislation by contacting your two U.S. Senator and the U.S. President

Lyndon Baines Johnson

Lyndon Baines Johnson was a multiple murderer and participated in the plot to assassinate President Kennedy according to Barr McClellan, who wrote a book about President Johnson in 2003. The History Channel promptly made a documentary following McClellans ideas. Even though the Wall Street Journal called the documentary a malignant assault on sanity and truth, it was shown in, perhaps, 60 countries.

However, the results of McClellans assaultive book were far-reaching and devastating. Because it was believed, people began to hate Lyndon Johnson. His library received hate mail and was even threatened with destruction.

The most respectable people responded by writing letters to the History Channel.

The LBJ Foundation chairman, respected newsman Bill Moyers, President Gerald Ford and President Jimmy Carter, wrote letters which failed to have any effect on the History Channel. Defaming the Dead: A Legal Remedy for Absurd Charges that LBJ Murdered JFK by John W. Dean, http://writ.lp.findlaw/dean.20040312.html

Errol Flynn

The actor, Errol Flynn was called a homosexual and a Nazi spy in a book published by Dell Publishing Company. In a lawsuit filed by his children, the court stated plainly, A libel on the memory of a deceased person is not deemed to inflict on the surviving relatives any such legal damage as will sustain a civil action for defamation. Flynn v Higham, (1983) 149 Cal.App.3d 677

Jack Rose

The court ruled that the statements made by the newspaper had no direct reflection on the family members, although they were named. Therefore, they could not receive damages. Interestingly, the court noted that the states legislature had the duty to change the law. Rose v Daily Mirror, Inc. (1940) 284 N.Y. 335

Anti-Defamation Legacy Law Advocates

Greetings,

Words are powerful and leave their effect long after they have been uttered. It is reprehensible to carelessly damage a persons reputation and legacy by promoting rumor, innuendo, gossip and sensationalism after they have passed on. We are seeking to make it unlawful to defame a person who is deceased. The First Amendment is not a free pass to exploit people for entertainment and profit. Slander and libel are not protected expressions under the First

Amendment while a person is living, and that same protection should extend to people after they

are deceased.

Freedom of speech is our right, and to lose any part of that freedom would be a travesty. However, with freedom comes responsibility. The California Constitution actually addresses the issue of responsibility, as follows:

ARTICLE 1 DECLARATION OF RIGHTS

SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all

subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

Our focus is the ABUSE of this right. We must be free to express our thoughts; however, we are not entitled to express as fact gossip, innuendo, lies, and conjecture. The families and

friends of the deceased should not have to endure defamatory stories presented as facts about their departed loved ones. Opinions expressed that infringe upon a persons civil right (that which is good or proper and conforms to fact or truth) should be considered as abusive, harmful, offensive and infringing upon their quality of life, liberty and pursuit of happiness, which are

inalienable rights. This is a form of BULLYING. Therefore, offenders should be held liable and

required to give account for their expressed thoughts, views, or attitudes; especially those based mainly upon emotion instead of reason or knowledge.

It is time to address the general lack of integrity, responsibility, and accountability on the part of our news media. The line between responsible journalism and tabloid journalism has become so

blurred that a new term, medialoid has been coined. Too often truth and unbiased objectivity are missing in the presentation of information. The coverage of Michael Jacksons sudden death in 2009 is a perfect example of a deceased person being exploited for entertainment and profit. The medias treatment of Mr. Jackson while he lived was an aggressive and egregious misuse of the power of words; it is even more disturbing that he continues to be denigrated after his

passing. Although a high profile celebrity is named here as an example of the damage that can be committed by a media out of control, the potential damage of words used irresponsibly

extends equally to everyone, regardless of fame, wealth, or social standing.

If you believe it should be unlawful for people, including the media, to defame those who have passed on, please sign this petition. We are proposing a law on a National Level; a cause of action so that a cause of defamation could be asserted, by the relatives, on behalf of the deceased.

Website: www.cadeflaw.com or www.cadeflaw.org

Facebook Page: Anti-Defamation Legacy Law Advocates for the Deceased

Facebook Page: https://www.facebook.com/AdLLaw.Advocates

PETITION BACKGROUND

We ask all persons; members of our Congressional body and the President of the United States to support the Anti-Defamation Legacy Law Advocates or AdLLAaw (Ad Law) Initiative.

Originally we thought to start with California. The California Courts Judicial Council created a draft Initiative. Although, prepared for California the language of this document states clearly what we wish to see become law on a national level.

http://antidefamationlegacylawadvocates.org/2013/07/18/anti-defamation- legacy-law-advocates-adllaw-initiative/

The purpose of this Initiative is to bring about legislation which will include the deceased among those who can be legally defamed giving their family a statute upon which to base a civil cause of action. We see this law as any other civil action. Such a law would be neither frivolous nor a magic pill to cure all ills, but a possible deterrent against slandering a decedent for most or a possible tool to address more serious offenders.

Within the past 5 years the list of decedents who are egregiously defamed surpasses what is common or usual or expected. The list ranges from the famous to the non-famous.

We Americans are blessed with many rights, but with them come responsibilities to ensure we do no harm to others through our dangerous behavior. Intentional defamation of a decedent does more than just hurt their survivors feelings; it can endanger their health and welfare through false public perception, judgments and actions taken. We hold dear our First Amendment rights, but there is nothing in our Constitution about bearing false witness as a legal right.

We urge you to support the Anti-Defamation Legacy Law (AdLLaw) Initiative. http://antidefamationlegacylawadvocates.org/

To: The United States House of Representatives, the United

States Senate, and President

Barack Obama

WE are asking the U.S. Senate to adopt and support The Anti-Defamation Legacy Law Initiative (AdLLaw) (pronounced Ad- Law). The Initiatives 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. Trayvons 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 persons 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 Governor.

ONLY the signatures will be delivered to legislators.

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Online and hand signature packet Petitions created by Anti-Defamation Legacy Law Advocate Group. Hand petition packet Revised on June 7, 2014 by MJ Brookins.

Logos created by: Martha Ames

Petition Packet and Front Cover Logo created by MJ Brookins of the AdLLaw Advocates

http://antidefamationlegacylawadvocates.org/

www.cadeflaw.com

www.cadeflaw.org