ColonelAngus
Diamond Member
- Feb 25, 2015
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Media Lawyer Explains Why CNN Settlement in Libel Case Is a Big Deal
Oh, shit....CNN admits when they call anyone a racist, it’s just an opinion and not fact and not provable.
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“[CNN] initially filed a motion to dismiss, making the argument that calling somebody a ‘racist’ is not a provable fact and therefore does not rise to the level of libel,” Glasser said. “I think it’s extremely telling—it really got overlooked—that CNN argued that there can’t be a factual basis for calling somebody a racist.”
Glasser cited CNN’s argument in a short article on Instapundit. CNN argued:
Courts treat statements characterizing people as “racist” as nonactionable opinion because they cannot be proved true or false. … Sandmann cannot as a matter of law base a defamation claim on this statement as it offers an expression of opinion so subjective as to be unprovable.
The problem with this line of argument, Glasser said, is that CNN analysts frequently call President Donald Trump and others racist as a statement of fact.
“It’s fascinating that there is a news organization that will look the [audience] right in the eye and say, ‘We report facts and the fact is, Trump is a racist,’” Glasser said. “To go into court and say that it’s not a possible fact, it can’t be a fact, that’s a disconnect that really deserves, from a societal standpoint, some thought and discussion.”
Oh, shit....CNN admits when they call anyone a racist, it’s just an opinion and not fact and not provable.
.
.
.
“[CNN] initially filed a motion to dismiss, making the argument that calling somebody a ‘racist’ is not a provable fact and therefore does not rise to the level of libel,” Glasser said. “I think it’s extremely telling—it really got overlooked—that CNN argued that there can’t be a factual basis for calling somebody a racist.”
Glasser cited CNN’s argument in a short article on Instapundit. CNN argued:
Courts treat statements characterizing people as “racist” as nonactionable opinion because they cannot be proved true or false. … Sandmann cannot as a matter of law base a defamation claim on this statement as it offers an expression of opinion so subjective as to be unprovable.
The problem with this line of argument, Glasser said, is that CNN analysts frequently call President Donald Trump and others racist as a statement of fact.
“It’s fascinating that there is a news organization that will look the [audience] right in the eye and say, ‘We report facts and the fact is, Trump is a racist,’” Glasser said. “To go into court and say that it’s not a possible fact, it can’t be a fact, that’s a disconnect that really deserves, from a societal standpoint, some thought and discussion.”