- 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 Don’t Have Nick Sandmann’s 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 Covington’s 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 “yes.” But it’s not a sure thing. He’s 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.
What’s Sandmann’s beef? He was accused of racist behavior toward Native American activist Nathan Phillips, based almost entirely on what his lawyers call a “deceptively edited” 59-second video clip. More complete videos of the incident show that the allegations were false.
Sandmann’s lawyers claim The Washington Post stories were “falsely accusing him of instigating the January 18 incident” and “conveyed that Nicholas engaged in acts of racism by ‘swarming’ Phillips, ‘blocking’ his exit away from the students, and otherwise engaging in racist misconduct.” The lawsuit says the newspaper “ignored basic journalistic standards” and engaged in “negligent, reckless, and malicious attacks” on Sandmann, leading a “mainstream and social media mob of bullies which attacked, vilified and threatened” 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 “public” or a “private” individual.
The Supreme Court’s 1964 decision in New York Times v. Sullivan established two different standards for proving a defamation case. A “public” figure, such as a government official or celebrity, must prove that the false statement was made with “actual malice,” 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 “public” figure to include private individuals who “thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.”
Sandmann’s lawyers maintain, quite reasonably, that the 16-year-old is a private figure who has “lived his entire life outside of the public eye.” Further, he did not “engage the public’s attention to resolve any public issue that could impact the community at large” and “has not inserted himself into the forefront of any public issue.”
His lawyers say that his issuance of a statement and his appearance on NBC’s “Today” show were only to provide a “detailed and accurate factual description of his encounter with Phillips.” They were intended to refute the accusations made against him and were “reasonable, proportionate, and in direct response to the false accusation.” That did not turn him into a “public figure” under the legal standard governing defamation lawsuits according to his lawyers. . . ."