Just got threatened with a lawsuit by supporter of A$
Maybe she was serious and just stupid. But I don't like the fact that she thought I was so stupid and cowardly that I might think of taking my blog down... I never once thought of that, and would never! It's just the bullying that interested me; it's scary a supposed adult would do this.
Maybe read the Wikipedia page "Psychogical Manipulation" and amongst the information there you will recognise the cowardly tactics people like that use to try and intimidate others.
ASPartOfMe
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There are tons of very negative stuff said about Autism Speaks daily here and as far as I know nobody has been sued for a post they made here.
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Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
Maybe ASD people could take a class action for damages against Autism Speaks for their cruel and hateful defamation of everyone on the ASD spectrum, (such as the video I Am Autism which is currently being discussed). Hmmm, I hadn't thought about that before, though I was once party to a successful class action and learned a lot from the process, from filing to the eventual award of damages. The case was heard in the US, and I received my share of the damages awarded even though I was not resident, as did others in several other countries.
So class actions can be international, and usually proceed on the basis that the legal counsel representing the plaintiffs (us in this scenario) will receive a set percentage of the damages awarded if the suit is successful, no fee if the suit for damages is not successful. Some legal firms specialise in this.
Such an action could be set in motion quite easily by using the Internet and also carefully preserving the evidence in a safe place from hackers... nice thought
There is a world of difference between exercising your right of holding an opinion (as you did, as we all do here, as people do everywhere every minute of every day) and making a hate speech video aimed at an entire class of people who have UN protection (in its stated principles and articles on people with disabilities) from that kind of abuse. The right of free speech is not an unlimited right, even in the USA.
Quite seriously, I think such an action might possibly succeed. Probably won't happen in my lifetime though. These things don't move very quickly, even after the suit is filed with the Court. Could take up to 10 years unless (say) AS chose to make a decent enough settlement out of court by notifiying the lawyers representing the plaintiffs and if most of the plaintiffs agreed to accept out of court and the lawyers thought that option better than proceeding.
lostonearth35
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Location: Lost on Earth, waddya think?
If there's a settlement, though, we could start a pro-autism charity with the money...
I think the publicity that was adverse to them would be massive. Obviously expert witnesses would be called by the plaintiffs to demonstrate that ASD is not Psychopathy. That is not a hard thing to demonstrate to a legal standard of evidence.
A lot of other stuff adverse to them (like the way they use the donations) would suddenly be under the spotlight too, if a class action happened. The media love a scandal...
PS: In a class action, damages are paid to each litigant individually. This could potentially be of huge benefit to those whose co-morbids prevent them from being able to accrue much in the way of savings, cash reserves, sufficient income to feel secure.
Here is a very comprehensive reference to what a hate crime is, and what the International agreements are:
It's a big read, (worthwhile if you have time and inclination) though if you want to cut to the chase, scroll to page 27 and read on to page 30. After page 80, there are practical guidelines for mounting an action group.
https://www.coe.int/t/dg4/youth/Source/ ... Online.pdf
This next reference is short, on Disability Hate Crime from Wikipedia, and amongst other things outlines the Mathew Shepard Act in the USA and the implications of that legislation:
http://en.wikipedia.org/wiki/Disability_hate_crime
ASPartOfMe
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If there's a settlement, though, we could start a pro-autism charity with the money...
I think the publicity that was adverse to them would be massive. Obviously expert witnesses would be called by the plaintiffs to demonstrate that ASD is not Psychopathy. That is not a hard thing to demonstrate to a legal standard of evidence.
A lot of other stuff adverse to them (like the way they use the donations) would suddenly be under the spotlight too, if a class action happened. The media love a scandal...
PS: In a class action, damages are paid to each litigant individually. This could potentially be of huge benefit to those whose co-morbids prevent them from being able to accrue much in the way of savings, cash reserves, sufficient income to feel secure.
I hope that would happen. It would not surprise me if the American mainstream media might keep on ignoring it because Wright is one of the boys. Even if they did cover it they are so ignorant and biased about Autism they might turn what should be a positive into a negative. All my hope is online, that is the primary way millennials communicate, that is not as familiar to the Wright's generation and beyond their control, tech is where Autistics have always had a foothold,
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Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
These things are usually influenced by which party has the most to lose. We don't have much to lose; Autism Speaks has a lot to lose: reputation, credibility, donations, and whatever other sources of income and benefit that they have. Not having much to lose can be a position of strength. Conversely, as I see it, we have a lot to gain. In all sorts of ways.
I'm sorry I can't remember which of the recent threads here it is on.
Here is a link to the video:
https://www.youtube.com/watch?v=8mycxSJ3-_Q
Oh the "I am Autism" propaganda? Yeah, I've seen that. A$ put that out ages ago.
The age of that video seems irrelevant as a legal issue, because age doesn't minimise harm - quite the opposite - the longer it runs the more harm it spreads. However if a statute of limitations applies (I don't know if it does) then the age of the video would be an issue - if you are outside the time limit of the number of years people have to lodge a civil action. Can anyone enlighten me as to whether in the USA an SOL would apply to a civil action for damages?
The first step in a class action would be gathering a selection of legal opinions on how viable an action would be - in terms of law, in terms of precedent judgments, in terms of anything that is pertinent; these can be obtained free of charge by the firms that do this kind of work. Here is a link to a website of just one of these firms (as an example) so you can see what services and information they typically offer:
http://www.schneiderwallace.com/expertise_ada.php
If a class action was viable then it would be optimal for a coalition to be formed linking all the groups that share the same viewpoints on AS propaganda, and as for WP, I don't know how Alex would feel about WP itself being nominally involved or not - his view is that primarily WP is a support site, and it is his site. So maybe WP members who wanted to be part of a class action would have to join other groups (I don't know, it's just one of the issues that theoretically would have to be negotiated). We can already broadly define the "class" of people who have suffered harm - ie people on the spectrum - and membership of that spectrum would entitle any individual (not just members of support groups) to join the class action if they chose. The members who are self-diagnosed would probably have to get some written material demonstrating their status on the spectrum from credible sources.
I do see and agree with your point CGG that to take an action like this, it has to be done as a "disability rights" case (there seems no other way legally open) and there are many of us who don't accept disability identity. I don't describe my self as "disabled", though there are specific areas in which I am hampered compared to NTs.
Still, I would join an action for disability rights, because the harm the potential defendant is doing is harming me and members of my family by depicting all people on the spectrum as psychopathic. The more people who join the class action, the stronger its political impact will/would be. But first things first, you would have to find out if an action is legally viable in the circumstances that apply.
PS Remember that the USA has signed (but not ratified) UN Conventions that describe relevant rights and principles. Presumably they were signed because the USA had read and accepted those principles were true and fair. The case would have to be filed in the USA because the harm originated in the USA (assuming the video was made there and shown there).
Theoretically if it became an international class action, it could become huge, and the more people who joined it, the more damages the lawyers acting for the plaintiffs would seek.
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