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Ichinisan

Lifer
Oct 9, 2002
28,298
1,234
136
I'm absolutely behind protection of the press, it's the cornerstone of democracy. But at what point do they lose that protection? Some news services have become little more than rumor mongers. When key information is left out of a story so that it fits a political agenda, that's no longer a free press, and shouldn't enjoy any protection under the law. I don't care which networks that brings down.
Absolutely.
 

Ichinisan

Lifer
Oct 9, 2002
28,298
1,234
136
The press has rightfully received criticism for its handling of this story. They jumped the gun based off an incomplete, viral false narrative that is an affirmation of certain biases. The only explanations are malicious intent, negligence or incompetence.
Yes. They were too eager to get a story posted before everyone and their grandmothers find out about it through social media.

Competing with viral / misrepresented stories on social media without due diligence is ruining journalism.
 

hal2kilo

Lifer
Feb 24, 2009
23,713
10,557
136
I'm fairly certain Sandmann will win it. If a newspaper can post your picture and write all kinds of nasty implications without using your name, is that OK? Can they do that to anyone and everyone with impunity?
Sounds like Fox's daily MO. They would be way more vulnerable. See post #1318.
 
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fskimospy

Elite Member
Mar 10, 2006
85,018
49,799
136
This is beyond hyperbole. It's a pretty clear-cut case of irresponsible journalism bordering on malice.

Do you have evidence for malice? If you do I'm sure the kid's attorney would love to get into contact with you. As I have told others though you should be pretty careful with ascribing malice to the Post unless you have evidence as under the standard you're trying to apply to them you're getting yourself close to an actionable case of defamation and if one kid's reputation is worth $250 million the Post will be able to ring you up for a couple billion.

As for 'irresponsible journalism' if you think that's the case that's fine but that is not at all the same thing as defamation and it is absolutely not something someone should win a lawsuit over. It's not hyperbole, it's a pretty obvious result from this sort of standard being applied. If any time a newspaper gets something wrong in this way it can be sued out of business then wealthy actors and bad actors will have an easy avenue to destroy any news outlet that crosses them. I for one would fight tooth and nail to avoid living in that sort of world.
 
Reactions: DarthKyrie

Ichinisan

Lifer
Oct 9, 2002
28,298
1,234
136
Do you have evidence for malice? If you do I'm sure the kid's attorney would love to get into contact with you. As I have told others though you should be pretty careful with ascribing malice to the Post unless you have evidence as under the standard you're trying to apply to them you're getting yourself close to an actionable case of defamation and if one kid's reputation is worth $250 million the Post will be able to ring you up for a couple billion.

As for 'irresponsible journalism' if you think that's the case that's fine but that is not at all the same thing as defamation and it is absolutely not something someone should win a lawsuit over. It's not hyperbole, it's a pretty obvious result from this sort of standard being applied. If any time a newspaper gets something wrong in this way it can be sued out of business then wealthy actors and bad actors will have an easy avenue to destroy any news outlet that crosses them. I for one would fight tooth and nail to avoid living in that sort of world.
So there should be no consequence for posting your picture along with a string of ruinous easily-disproven allegations?
 

Starbuck1975

Lifer
Jan 6, 2005
14,698
1,909
126
Criticizing their handling of a story and saying they engaged in defamation are two EXTREMELY different things. You accused them of defamation, are you retracting that?
Defamation is the outcome, I offered three scenarios to explain what enabled it.

The other obvious explanation is that news stories which garner significant national attention demand reporting even if information is incomplete. This is common sense.
Why it garnered national attention is the entire issue.
 

fskimospy

Elite Member
Mar 10, 2006
85,018
49,799
136
So there should be no consequence for posting your picture along with a string of ruinous easily-disproven allegations?

So I'm going to assume that means you have no evidence for malice. Again, you are going to want to be very careful under the standard you're advocating for as you're dangerously close to a defamation case against you.

Is your claim that the Post knew the allegations were false at the time they published them or that they ignored obvious evidence of their falsity at the time of initial publication? If so, what evidence is there for this? If not, then no they should suffer exactly zero legal consequences for this as the first amendment protections of the press are by design extremely strong.

The consequences they face are that fewer people will buy their news if they think they do a bad job of reporting, just as it should be.
 

Starbuck1975

Lifer
Jan 6, 2005
14,698
1,909
126
Defamation is not the outcome as defamation requires a statement of fact.
The media enabled a narrative in the absence of fact and should be held liable for their rush to judgment

Nope, it sure isn't.
The press does not have the freedom to advance the confirmation biases of echo chambers.

If you were truly being honest on this subject, you would withdraw any criticism of Fox News.
 
Nov 25, 2013
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The media enabled a narrative in the absence of fact and should be held liable for their rush to judgment

The press does not have the freedom to advance the confirmation biases of echo chambers.

If you were truly being honest on this subject, you would withdraw any criticism of Fox News.

ROFLMFAO
 
Reactions: cytg111

fskimospy

Elite Member
Mar 10, 2006
85,018
49,799
136
The media enabled a narrative in the absence of fact and should be held liable for their rush to judgment

Liable how?

The press does not have the freedom to advance the confirmation biases of echo chambers.

Of course it does thanks to the first amendment.

If you were truly being honest on this subject, you would withdraw any criticism of Fox News.

Huh? I have no idea what this even means. Have I EVER advocated for Fox News to be sued for defamation? I can't think of a time.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,427
8,388
126
You realize defamation requires a statement of fact, right?

there's a reason why the only remaining claims following repleading and reconsideration have to do with the statement as to whether the drummer guy was blocked in or not. that's a factual statement.

as to the video from the little bit of it before i got sick of the youtuber douchebaggery, i could tell the guy has no idea how federal procedure and pleadings works. apparently he's a lawyer in quebec? maybe he knows canadien law, but he sure as shit doesn't know US law. might as well ask a russian (and i'll bet trump did! hey-oo!)
 
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Reactions: DarthKyrie
Nov 8, 2012
20,828
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...except he wasn't. The poster was sharing legal commentary from a Quebec lawyer who has been following the case and summed up the biggest development ("lawsuit against WaPo is happening after all"). The lawyer is not a "third rate, right wing YouTube blowhard going on and on about the piteous plight of some teen-age twerp in a Trump hat."

No matter how you "rate" him, he's not "right wing" and he doesn't go on and on about some "teen-age twerp." It's literally been months since he last talked about Sandmann. He only made another video about it when there was something significant/new to discuss from a legal perspective... and this development was certainly significant news that could benefit from a lawyer's explanation (exactly what his channel exists for).

He's a vlogger who "vLAWgs" about law. Like LegalEagle, he's just a lawyer who publicly provides legal perspective on current events, Twitter trolls, the legality of what we see in movies/TV, and many others. It's literally been months since he talked about Sandmann. Other current events he's talked about since then: Everything from Jussie Smollett to the college admissions scandal to PewDiePie's retracted donation promise to Brexit to Canadian elections to... -well, I have to end this somewhere but the list goes on and on. Point is, more than half his content is legal stuff about YouTube, Facebook, Brexit, and cases in Canada as opposed to US politics. It simply isn't political commentary. It's legal commentary.

Even when he is discussing US politics, it's as legal commentary and not political commentary (Tulsi Gabbard suing Google as the latest example). How anyone could call him a political blow hard is beyond me. One only needs to pick a video at random to know that's not who he is.

Someone that tends to lean conservative posted a YouTube video and/or article - therefore, the ithas zero credibili--- I DONT CARE IF HES A LAWYER HE IS STILL Hitler/Stalin/Third Reich/Xenophobic/Homophobic/<insert other cliche ironic terms>
 
Nov 8, 2012
20,828
4,777
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This is beyond hyperbole. It's a pretty clear-cut case of irresponsible journalism bordering on malice.

Regardless of their intentions, their direct actions resulting in defamation that was false. You should be responsible for those actions.

I'm sure you can find plenty of their news anchors talking smack about the kids directly, so we aren't just talking about a media article that they can retract/apologize for.
 

fskimospy

Elite Member
Mar 10, 2006
85,018
49,799
136
Regardless of their intentions, their direct actions resulting in defamation that was false. You should be responsible for those actions.

I'm sure you can find plenty of their news anchors talking smack about the kids directly, so we aren't just talking about a media article that they can retract/apologize for.

Responsible for those actions how? Legally?
 

Jaskalas

Lifer
Jun 23, 2004
33,664
7,696
136
What the MAGA teen seems to be complaining about are conclusions the reporter drew from the contents of the video but those conclusions are clearly first amendment protected opinions and not defamatory statements of fact.

In a word, fascinating.

You realize defamation requires a statement of fact, right?

Also, nope. Did not know that. The idea that a paper / media may lawfully smear someone... without recourse? Did not know they could do that to private individuals.
 
Nov 25, 2013
32,083
11,718
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If anyone wants a sane forum to post/debate on, can we please get rid of garbage posts like this? We get it, you can't debate but you disagree with a post so you just make a statement as if their post is funny to you. It's pretty sad.

ROFLMFAO

Thanks for the extra laugh. One can never have too many laughs in life.
 

fskimospy

Elite Member
Mar 10, 2006
85,018
49,799
136
In a word, fascinating.

Also, nope. Did not know that. The idea that a paper / media may lawfully smear someone... without recourse? Did not know they could do that to private individuals.

A paper can lawfully make statements of opinion without recourse, yes. Defamation requires a statement of fact. For example you could publish something that says 'fskimospy looks like a sex offender' and that's first amendment protected because it's clearly just their interpretation of how I look, even though it's a shitty thing to say and clearly I'm incredibly good looking. If they say 'fskimospy IS a sex offender' that's a statement of fact and they have opened themselves up to a defamation case. Do we really want to live in a world where people's opinions are subject to ruinous lawsuits? If I say someone is an asshole should they be able to sue me for millions because they are not in fact a sphincter that poop comes out of?

Not that US defamation law is likely to change due to the strong constitutional protections free speech enjoys but if people on here got their way and publications could be successfully sued for their opinions it wouldn't be people like you and me who would benefit - it would be the worst people you know. The Bill Cosbys and the Harvey Weinsteins of this world would weaponize it to intimidate any journalist from exposing their behavior, things like that, because what paper could take that risk? Say you're 95% sure what you're saying is right - do you really want to run a 1 in 20 chance of bankrupting your company every time you run a story?
 
Reactions: Jaskalas

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,427
8,388
126
Someone that tends to lean conservative posted a YouTube video and/or article - therefore, the ithas zero credibili--- I DONT CARE IF HES A LAWYER HE IS STILL Hitler/Stalin/Third Reich/Xenophobic/Homophobic/<insert other cliche ironic terms>
problem is he's not a US lawyer and US law (and kentucky law, for that matter, because it's substantively a kentucky case, though with strong first amendment flair and federal procedure being used) isn't the same as quebec law. he's offering his non-expert opinion and people are treating it like he knows what he's talking about. he doesn't.
 
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