It looks like ebay is removing negative feedback for Probstein123

bigtrain · #1 04-09-2014, 09:45 AM

It is probably a mistake to respond since you have attacked previous posters who did not even disagree with you but here goes:
I have not done business with Probstein that I recall but as a trial lawyer for 32 years, I have prosecuted and defended libel and slander suits, including some involving the sports memorabilia industry. Please note that there is a difference between opinion and speculation. "In my opinion, he is also a creepy looking guy" is based on the fact that you observed his appearance. "He most likely hires these kids because he can take advantage of them and can pay them little to nothing" is not opinion. It is speculation. While I don't think that statement is likely to lead to a lawsuit, I would be concerned about other statements you are making including the following: "I think he may also be getting ebay to suspend users...". While that may very well be true, it is pure speculation on your part. I would direct you to the U.S. Supreme Court�s 1990 opinion in Milkovich v. Lorain Journal Co., in which the high court scaled back First Amendment protection of opinion. Simply couching speech as opinion, the court said, does not insulate it from liability. Instead, liability can and should be imposed if the purported opinion implies defamatory facts.

rjackson44 · #2 04-09-2014, 10:37 AM

tom hope you are well octavio

ALR-bishop · #3 04-09-2014, 11:30 AM

Tom---we need the full cite to the case

GregC · #4 04-09-2014, 12:13 PM

It's most unfortunate that someone had such a terrible experience, but anyone coming on here with such an abrasive attitude really does no one any good. I do understand it may be cathartic for an aggrieved party to release frustrations aloud, or type them, as is the case here.

The reaction to other members' innocuous questions, specifically lashing out and being the first to hurl insults based only on perceived/inferred intent is simply not right. And challenging members to fights via the internet is the quintessence of "internet tough guy."

There is a proper way, in civil society, to get one's point across.

bigtrain · #5 04-09-2014, 12:56 PM

Quote:

Originally Posted by ALR-bishop

Tom---we need the full cite to the case

Here you go Al,

497 U.S. 1 (1990)

FSF · #6 04-09-2014, 01:49 PM

While Probstein is by no means perfect, I for one am very glad that he exists. I certainly don't want to take on the task of auctioning off unwanted items from my collection to dozens of different parties. The time alone is a huge waste, let alone the aggravation of it all.

Leon · #7 04-09-2014, 01:57 PM

Quote:

Originally Posted by FSF

While Probstein is by no means perfect, I for one am very glad that he exists. I certainly don't want to take on the task of auctioning off unwanted items from my collection to dozens of different parties. The time alone is a huge waste, let alone the aggravation of it all.

Please read the rules and especially the one at the top of every page. If you give any opinion of a person or company you need your full name in your post.....this is for future reference. And had you said something negative your name would be put in your post. Nothing personal and welcome to the forum.

the 'stache · #8 04-09-2014, 07:47 PM

Quote:

Originally Posted by bigtrain

Here you go Al,

497 U.S. 1 (1990)

Tom, I am having flashbacks to the hours on end spent in LexisNexis and Westlaw while in college.

Volod · #9 04-11-2014, 03:06 PM

Quote:

Originally Posted by bigtrain

Here you go Al,

497 U.S. 1 (1990)

Al, or Tom: Is that case information available in layman's terms? That is, a brief account of the facts involved and the parties' dispute? I am curious because I happened to work for the Lorain Journal at one time, but it was
sometime after the date cited, so I had not heard of the case or its hearing by the Supremes.

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