The Soapbox

Joined: 10/11/2001 Posts: 13296
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Well here’s the exec summary: you don’t have to prove ill will or intent

“Actual malice” for the purpose of libel and slander law as set forth in NY Times v Sullivan and its progeny requires, as to the intent element, proof that the defendant either knew the statement was false or acted with reckless disregard (translated into Redneck, my original language, as “ didn’t give a flying fuck”) as to the truth or falsity of the statement, in publishing it.

In the old days we had to guess about this, and mostly proved it via circumstantial evidence.

Nowadays, though, people can’t resist putting their every feeling or thought about anything and everything into an e-mail, or more likely, dozens of them, to dozens of recipients, as was the case here and why Fox has its tit in the wringer. (Another legal term, translates into Guy Ritchie Speak, another favorite language, as “fucked—proper fucked”)

(In response to this post by 81_Hokie)

Posted: 02/27/2023 at 7:08PM

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Current Thread:

Latest Dominion / Fox filings. Not good for Fox (link) -- WaxHoo 02/27/2023 4:55PM

A thread with some interesting excerpts -- WahooMatt05 02/27/2023 5:21PM

Remember when CNN fired Cuomo for advising his brother for violating CNNs -- HooAskedYou 02/27/2023 8:02PM

“On Jan. 5, 2021, Rupert and Smith discussed a joint statement from -- WaxHoo 02/27/2023 5:36PM

That is such a damning detail -- WahooMatt05 02/27/2023 5:43PM

I'm obviously no lawyer but it seems to me that malice means intent to -- 81_Hokie 02/27/2023 5:57PM

Well here’s the exec summary: you don’t have to prove ill will or intent -- southdenverhoo 02/27/2023 7:08PM

Correct. It balances the First Amendment with tort law; if you write a -- WahooRQ 02/28/2023 08:02AM

Absolutely damages are required to be proven, as of course is the falsity -- southdenverhoo 02/28/2023 09:02AM

Yeah, I’m probably talking to a guy who has actually tried defamation cases -- WahooRQ 02/28/2023 09:27AM

Defended one. Lost, or so I thought until I talked to some insurance -- southdenverhoo 02/28/2023 10:03AM

Might be my best laugh of the day! ** -- Shenhoo 02/28/2023 10:55AM

Sorry, LOL, on the client blurting out what they did -- VaTechie 02/28/2023 10:53AM

If Dominion proves defamation, it'll be hard to justify $1.6bn. -- Blah 02/27/2023 7:16PM

I think max they get is 500 million -- VaTechie 02/27/2023 11:44PM

Fox can write the check. The verdict is what matters as the Dominion -- Shenhoo 02/28/2023 09:00AM

I agree, it is not about the money, but the verdict -- VaTechie 02/28/2023 10:47AM

Whatever, justice will be served only if Fox’s on-air trailer trash are -- WaxHoo 02/27/2023 7:39PM

Defamation legal definition -- WaxHoo 02/27/2023 7:03PM

It's negligence and malicious intent. It's not easy to prove, but ... -- Blah 02/27/2023 6:18PM

That second part is my question... if intent is ad revenue, viewers or -- 81_Hokie 02/27/2023 6:21PM

Any business can argue it was done for the top and bottomline ... -- Blah 02/27/2023 6:30PM

Ahhhh... is it OR malicious intent? I thought that was a requirement. If -- 81_Hokie 02/27/2023 6:41PM

Let's look at legal definition of actual malice ... -- Blah 02/27/2023 6:54PM

I did not know that. Thanks ** -- 81_Hokie 02/27/2023 6:56PM

It's not an easy case to prove, but Dominion is getting help from FNC. ** -- Blah 02/27/2023 6:58PM

This case maybe far reaching -- Zhoo 02/27/2023 5:51PM

Not according to LA. Just a bunch of peaceful touri …. -- WaxHoo 02/27/2023 5:24PM

Imagine believing that it’s a civil offense for the press… -- Los Angeles Hoo 02/27/2023 5:15PM

Riddle me this, dipshit. Was Sabrina Erdley just “reporting on Jackie” or -- WahooRQ 02/28/2023 08:31AM

What a stupid take. ** -- 111Balz 02/27/2023 7:32PM

It’s beyond reporting on …. It’s reporting as true an assertion they knew -- WaxHoo 02/27/2023 6:55PM

With regard to this case, the “it” here is… -- Los Angeles Hoo 02/27/2023 7:06PM

LOL. Even Rupert Murdoch thinks you're a kook. Rupert Murdoch ... -- Blah 02/28/2023 07:20AM

No gonna bother. You’re fact impervious ** -- WaxHoo 02/27/2023 7:13PM

I thought in your world the lack of -- Dudeman 02/27/2023 7:08PM

Interesting knot for you to untangle… -- Los Angeles Hoo 02/27/2023 8:49PM

He is poorly informed and not very bright ** -- 111Balz 02/27/2023 7:33PM

Dick from the Internet ** -- WahooRQ 02/28/2023 08:50AM

Imagine thinking that Trump is being investigated for questioning an -- Plano Hoo 02/27/2023 6:31PM

We are discussing the Dominion case in the context of… -- Los Angeles Hoo 02/27/2023 6:52PM

I’ll pass the witness, your honor ** -- Plano Hoo 02/27/2023 8:35PM

Smart. Your line of questioning was getting struck for irrelevance anyway. ** -- Los Angeles Hoo 02/27/2023 8:51PM

And that is total delusional BS ** -- 111Balz 02/27/2023 8:29PM

Always hard to believe you aren’t a parody lala. Amazing. But -- Lazarus 02/27/2023 5:46PM

It is simple. Your side has to complicate it because… -- Los Angeles Hoo 02/27/2023 6:11PM

Hobbit thinks it's still about "freedom of press." LOL. -- Blah 02/27/2023 5:31PM

He has to double and triple down..... -- Zhoo 02/27/2023 5:52PM

Bet you think it’s ok to yell “fire” in a crowded theater -- WaxHoo 02/27/2023 5:18PM

He’s not allowed to — LaLa was seen as a risk to the other patients’ -- TomGlansAski 02/27/2023 5:23PM

Damn. Murdoch gave confidential info about Biden ads to Kushner before they -- HooAskedYou 02/27/2023 5:01PM

He might wonder why this wasnt shared with everyone LOL ** -- Zhoo 02/27/2023 5:22PM