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woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
so, from my perspective, you're using terminology that's related to summary judgments. if there's a question of fact for the jury (or judge, if the judge is the trier of fact at trial - not everything gets a jury and not everyone wants a jury), then summary judgment must be denied.

Correct. In a 12(b)(6), called a "demurrer" in California, the court doesn't merely view the facts "in the light most favorable" to the plaintiff. It literally assumes all allegations in the complaint are true and permits no opposing evidence. In a summary judgment motion, which happens after discovery, both sides can submit evidence, but any conflict in the evidence is resolved in favor of the party opposing the motion. What he described is a summary judgment standard, not a 12(b)(6) standard.
 
Mar 11, 2004
23,187
5,650
146
I think its interesting how the people who normally complain about how America is sue happy and lawsuits are some great evil are now defending this lawsuit that they for some reason find totally valid.
 
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Ichinisan

Lifer
Oct 9, 2002
28,298
1,234
136
I think its interesting how the people who normally complain about how America is sue happy and lawsuits are some great evil are now defending this lawsuit that they for some reason find totally valid.
You thought lamenting sue-happy litigiousness was a partisan thing?

Anyway, I'm talking about negligently ruining someone's life with casually repeated false statements that could have been easily disproven (with almost no effort).
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
I think its interesting how the people who normally complain about how America is sue happy and lawsuits are some great evil are now defending this lawsuit that they for some reason find totally valid.

Right, and I'm sure they'd be all for it if Fox News was the defendant here and the plaintiff was say, an anti-Trump protester, right?
 
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CZroe

Lifer
Jun 24, 2001
24,195
856
126
Right, and I'm sure they'd be all for it if Fox News was the defendant here and the plaintiff was say, an anti-Trump protester, right?
We get it: A particularly high number of people who like Fox News are hypocrites. Isn't this, like, the 40th time someone has shared this exact sentiment here in the last few days? I probably even Liked it the first time I saw it.
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
We get it: A particularly high number of people who like Fox News are hypocrites. Isn't this, like, the 40th time someone has shared this exact sentiment here in the last few days? I probably even Liked it the first time I saw it.

Haven't read the whole thread, but if you say so. Still, some observations bear repeating.

What I will also say is that this hypocrisy doesn't go both ways. I'm no more comfortable with people suing Fox News than I am with people suing WaPo. It sets a very bad precedent which may chill press freedom.
 
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Reactions: DarthKyrie

VRAMdemon

Diamond Member
Aug 16, 2012
6,576
7,823
136
You thought lamenting sue-happy litigiousness was a partisan thing?

Anyway, I'm talking about negligently ruining someone's life with casually repeated false statements that could have been easily disproven (with almost no effort).

Is there any evidence this kids life is "ruined" from this. Is he not able to cope, in drug rehab, homeless? Is the purpose of the lawsuit to actually win against the Washington Post, or to establish the family as victims. This was a well to do family. If I recall correctly, there was a go fund me for this kid. Donations from conservative groups. Catholics raised thousands for this kids college fund. I'm sure he's going to college for free. He became famous enough to get to meet the President.


This kid was so traumatized, that instead of putting this "sordid" episode behind him - letting it die and went back to just being a kid.. He and his parents decided to file a $250 million lawsuit against a newspaper for reporting the story that every other news outlet reported on.

Had this kid and his parents released a statement regretting his involvement in this incident, asked to be left alone to resume his life as a child and just went away, the kid would have my full support. Instead his parents hired a Republican PR firm, made the rounds in the right wing media to become the poster boy for identity politics
 
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CZroe

Lifer
Jun 24, 2001
24,195
856
126
Is there any evidence this kids life is "ruined" from this. Is he not able to cope, in drug rehab, homeless? Is the purpose of the lawsuit to actually win against the Washington Post, or to establish the family as victims. This was a well to do family. If I recall correctly, there was a go fund me for this kid. Donations from conservative groups. Catholics raised thousands for this kids college fund. I'm sure he's going to college for free. He became famous enough to get to meet the President.


This kid was so traumatized, that instead of putting this "sordid" episode behind him - letting it die and went back to just being a kid.. He and his parents decided to file a $250 million lawsuit against a newspaper for reporting the story that every other news outlet reported on.

Had this kid and his parents released a statement regretting his involvement in this incident, asked to be left alone to resume his life as a child and just went away, the kid would have my full support. Instead his parents hired a Republican PR firm, made the rounds in the right wing media to become the poster boy for identity politics
Well, there is this thread where people still keep calling him a "dickweed" for what happened that day.

He'll never fully escape this.
 

brycejones

Lifer
Oct 18, 2005
26,724
25,071
136
Well, there is this thread where people still keep calling him a "dickweed" for what happened that day.

He'll never fully escape this.

You mean the thread people who have very strange ideas about libel laws and the first amendment freedoms of the press keep bumping?
 
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Majes

Golden Member
Apr 8, 2008
1,164
148
106
Is there any evidence this kids life is "ruined" from this. Is he not able to cope, in drug rehab, homeless? Is the purpose of the lawsuit to actually win against the Washington Post, or to establish the family as victims. This was a well to do family. If I recall correctly, there was a go fund me for this kid. Donations from conservative groups. Catholics raised thousands for this kids college fund. I'm sure he's going to college for free. He became famous enough to get to meet the President.


This kid was so traumatized, that instead of putting this "sordid" episode behind him - letting it die and went back to just being a kid.. He and his parents decided to file a $250 million lawsuit against a newspaper for reporting the story that every other news outlet reported on.

Had this kid and his parents released a statement regretting his involvement in this incident, asked to be left alone to resume his life as a child and just went away, the kid would have my full support. Instead his parents hired a Republican PR firm, made the rounds in the right wing media to become the poster boy for identity politics

I don't blame him for going after some cash. He has an opportunity to leverage his position into a comfortable life and I don't blame him at all for taking it.

This isn't something that he can "let die" unfortunately. The media attached his name to this incident, and then numerous news outlets worked very hard to paint him as a terrible human being. The fact that he is still being called names in this thread supports my point. Everyone this kid meets in the future will have their opinions already influenced by major news outlets.

Now do I think the Washington Post should lose this case? Not really. They corrected their first article, and then clearly labeled every other report as an opinion piece. My only hesitation is the fact that this was a minor, and there should be additional protections for kids.
 
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IronWing

No Lifer
Jul 20, 2001
69,563
27,873
136
This isn't something that he can "let die" unfortunately. The media attached his name to this incident, and then numerous news outlets worked very hard to paint him as a terrible human being. The fact that he is still being called names in this thread supports my point. Everyone this kid meets in the future will have their opinions already influenced by major news outlets.
Like we have memories or attention spans to support such connections in the future. I'd have to go back up and read the thread to recall the kid's name. If I ever happen to meet the kid in the future, if he isn't wearing the fascist hat or rallying to deny women their rights, it would be fair to say that my opinion of him would be neutral. Being "the kid with a punchable face" isn't likely to carry through life.
 

Majes

Golden Member
Apr 8, 2008
1,164
148
106
Like we have memories or attention spans to support such connections in the future. I'd have to go back up and read the thread to recall the kid's name.

We may not.. But the internet has a very long memory.
 

CZroe

Lifer
Jun 24, 2001
24,195
856
126
Like we have memories or attention spans to support such connections in the future. I'd have to go back up and read the thread to recall the kid's name. If I ever happen to meet the kid in the future, if he isn't wearing the fascist hat or rallying to deny women their rights, it would be fair to say that my opinion of him would be neutral. Being "the kid with a punchable face" isn't likely to carry through life.
Don't be obtuse. Kid would have the same problems as any valid case of libel/slander regardless of whether or not he is entitled to sue.

Future employers and partners will check as part of their usual duties and will see an ocean of "dickweed" hate (like yours) before they find the corrections/retractions... if they even dig deep enough to see that. His file could go straight into the bin. Same problem as anyone else who's had their name dragged through the mud (legitimately or illegitimately).

Letting it die down without trying to make the correction just as prominent would only make the problem worse. Even if he loses, he raises the profile of the correction so that it may end up being what people see first when they look up his name.
 
Reactions: Majes

bshole

Diamond Member
Mar 12, 2013
8,315
1,215
126
You already know the answer to that because you just quoted it.

If they fail in their duty and get it wrong for immoral reasons including rush, outrage, clicks, dollars, social media buzz, etc.

It's unethical journalism and immoral, just not typically illegal. I have no reason to believe it was illegal and every reason to believe it was immoral. You seemed to think that question was particularly hard to answer which just goes to show what a different wavelength you are operating on.

By far the most problematic group in the video to me was the Black Israelites. It was not un-noticed how the media did everything in their power to minimize their words.

Now that members of the group have gone on an anti-Semitic murder rampage, the media unbelievably asks who this group is. More unbelievably, the SPLC does not recognize the group as a hate group even after we all saw the rhetoric they used in the video of this event.


The Black Hebrew Israelite Movement is comprised of some groups or members that have expressed anti-Semitic sentiments, however the Southern Poverty Law Center does not recognize the overall movement as a hate group.
 

zinfamous

No Lifer
Jul 12, 2006
110,821
29,582
146
By far the most problematic group in the video to me was the Black Israelites. It was not un-noticed how the media did everything in their power to minimize their words.

Now that members of the group have gone on an anti-Semitic murder rampage, the media unbelievably asks who this group is. More unbelievably, the SPLC does not recognize the group as a hate group even after we all saw the rhetoric they used in the video of this event.


I've heard of them, but I'm not that familiar with their screed.

First question I have: are they anti-Semitic or anti-Israel? worlds of difference there, and the terms have been thoroughly conflated by the GOP propaganda machine. Not that I'm saying they aren't, I'm just not familiar with them.


...Care to update your Foxcon thread?
 
Nov 8, 2012
20,828
4,777
146
By far the most problematic group in the video to me was the Black Israelites. It was not un-noticed how the media did everything in their power to minimize their words.

Now that members of the group have gone on an anti-Semitic murder rampage, the media unbelievably asks who this group is. More unbelievably, the SPLC does not recognize the group as a hate group even after we all saw the rhetoric they used in the video of this event.


Want to kill people? No biggie as long as your skin isn't white.

Like to use a frog meme? YOURE A PART OF A HATE GROUP!
 

interchange

Diamond Member
Oct 10, 1999
8,022
2,872
136
By far the most problematic group in the video to me was the Black Israelites. It was not un-noticed how the media did everything in their power to minimize their words.

Now that members of the group have gone on an anti-Semitic murder rampage, the media unbelievably asks who this group is. More unbelievably, the SPLC does not recognize the group as a hate group even after we all saw the rhetoric they used in the video of this event.


From the article, it seems it is problematic to label them as a hate group on the basis that a minority don't represent the whole in terms of terroristic acts, similar to terrorism carried under the flag of Islam. I'm not sure there are distinct named groups of Black Israelites to label that way either.

I can certainly understand media being hesitant to call out a relatively unknown group knowing that what they write about the few will color impressions of the many. Not to mention the carryover affiliations that are naturally drawn with the words "black" and "Israelites" who already face their share of historical and present discrimination.

Is there room for complexity here? Maybe now. To me it's different than, for example, viewing BLM through a critical lens or supporters of OJ (not OJ himself). I think that is reinforcing a taboo where lack of realistic dialog is perpetuating Injustice.
 
Feb 4, 2009
34,703
15,951
136
From the article, it seems it is problematic to label them as a hate group on the basis that a minority don't represent the whole in terms of terroristic acts, similar to terrorism carried under the flag of Islam. I'm not sure there are distinct named groups of Black Israelites to label that way either.

I can certainly understand media being hesitant to call out a relatively unknown group knowing that what they write about the few will color impressions of the many. Not to mention the carryover affiliations that are naturally drawn with the words "black" and "Israelites" who already face their share of historical and present discrimination.

Is there room for complexity here? Maybe now. To me it's different than, for example, viewing BLM through a critical lens or supporters of OJ (not OJ himself). I think that is reinforcing a taboo where lack of realistic dialog is perpetuating Injustice.

I read about these guys a few months ago and like everything it’s complicated.
They show up in large groups to wakes of people killed by the police
They are relentless about helping homeless and addicts out provided the join the “faith”
They do everything in large groups
They have a habit of standing at intersections “preaching” and calling white guys devils.
Per the story’s pictures some dudes appeared the be white

Definitely not a group you’d want a family member or loved one involved with but not exactly a terrorist organization either.
 

Lanyap

Elite Member
Dec 23, 2000
8,128
2,167
136
By far the most problematic group in the video to me was the Black Israelites. It was not un-noticed how the media did everything in their power to minimize their words.

Now that members of the group have gone on an anti-Semitic murder rampage, the media unbelievably asks who this group is. More unbelievably, the SPLC does not recognize the group as a hate group even after we all saw the rhetoric they used in the video of this event.




To be fair, while one of the New Jersey shooters is said to possibly have linkage to BHI no direct connection has been confirmed/proven. Some have said he may have been a former member.
 
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UNCjigga

Lifer
Dec 12, 2000
24,843
9,092
136
lMore unbelievably, the SPLC does not recognize the group as a hate group even after we all saw the rhetoric they used in the video of this event.


Incorrect.

Fact: The SPLC lists 144 Black Hebrew Israelite (BHI) groups as Black separatist hate groups because of their anti-white and antisemitic beliefs.
 
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