- Sep 16, 2012
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Just saw an article on CNN condemning false news. They went to great length call claims of Pete Buttigieg's sexual assault allegations as far right fake news. But when a kid in a MAGA hat is alleged to be racist just for smiling? CNN didn't question any of that, though. What is good for the goose ,not so bueno for the gander.
"Alleged" by WHO?
And whoever it is, how would it be CNN's job to "question" opinions?
Nice passive voice there. "It is alleged". The cosmic "It".
By many, STILL.
The Media Still Sucks at Covering Racism - Covington Sandmann Media Reaction
Black Children Donāt Have Nick Sandmannās Rights
. . . . It looks like he HAS a case, and he may win. It might largely probably turn on the political leaning of the jury and/or the judge.
How Covingtonās Nick Sandmann Could Win His Defamation Claim Against Washington Post
How Covington's Nick Sandmann Could Win His Defamation Claim Against Washington Post
". . . Does Sandmann have any chance of winning? The short answer is āyes.ā But itās not a sure thing. Heās taking on a defendant with very deep pockets and absolutely no incentive to settle.
Sandmann has sent letters threatening legal action to more than 50 media organizations, celebrities, and politicians about their public statements condemning and attacking Sandmann. The Washington Post is the first media organization to be sued.
Whatās Sandmannās beef? He was accused of racist behavior toward Native American activist Nathan Phillips, based almost entirely on what his lawyers call a ādeceptively editedā 59-second video clip. More complete videos of the incident show that the allegations were false.
Sandmannās lawyers claim The Washington Post stories were āfalsely accusing him of instigating the January 18 incidentā and āconveyed that Nicholas engaged in acts of racism by āswarmingā Phillips, āblockingā his exit away from the students, and otherwise engaging in racist misconduct.ā The lawsuit says the newspaper āignored basic journalistic standardsā and engaged in ānegligent, reckless, and malicious attacksā on Sandmann, leading a āmainstream and social media mob of bullies which attacked, vilified and threatenedā him.
So what are the legal standards governing this type of defamation lawsuit? As Supreme Court Justice Clarence Thomas explained in a recent opinion, the legal right to sue someone for damaging your reputation depends on whether you are a āpublicā or a āprivateā individual.
The Supreme Courtās 1964 decision in New York Times v. Sullivan established two different standards for proving a defamation case. A āpublicā figure, such as a government official or celebrity, must prove that the false statement was made with āactual malice,ā i.e., with knowledge that it was false or with reckless disregard of whether it was false or not. A private individual has to prove only that the statement was false.
In a 1967 case, Curtis Publishing Co. v. Butts, the court expanded the definition of a āpublicā figure to include private individuals who āthrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.ā
Sandmannās lawyers maintain, quite reasonably, that the 16-year-old is a private figure who has ālived his entire life outside of the public eye.ā Further, he did not āengage the publicās attention to resolve any public issue that could impact the community at largeā and āhas not inserted himself into the forefront of any public issue.ā
His lawyers say that his issuance of a statement and his appearance on NBCās āTodayā show were only to provide a ādetailed and accurate factual description of his encounter with Phillips.ā They were intended to refute the accusations made against him and were āreasonable, proportionate, and in direct response to the false accusation.ā That did not turn him into a āpublic figureā under the legal standard governing defamation lawsuits according to his lawyers. . . ."