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branford

(4,462 posts)
37. The higher standards for public figures have nothing to do with the difficulty
Wed Jan 13, 2016, 09:36 PM
Jan 2016

in bringing a defamation action in this case.

My example about the prostitute was assuming Santilli didn't actually have such evidence, as I unsurprisingly don't believe the girl at issue is a prostitute.

Offering a vile opinion of someone, when such statement is clearly only an opinion, is not actionable. Santilli would need to offer a statement of fact about the girl that was untrue, i.e., she actually sold sexual services for money, to be potentially liable for defamation. No one would could reasonably believe that Santilli was making such a suggestion in this context, and any lawyer who relied on such statement alone to file a lawsuit would soon have the case thrown out, and in many jurisdictions and federal court, might face additional costs and/or sanctions.

WTF? SoapBox Jan 2016 #1
That broadcaster is yuiyoshida Jan 2016 #22
A fucking asshole. blackspade Jan 2016 #39
When did ranting in video selfies, ranting crap like shoot Hillary in the V, become broadcasting? L. Coyote Jan 2016 #75
He boasts about being the Howard Stern of alternative journalism Warpy Jan 2016 #28
And yet YouTube kept shutting down Bernie2016TV. SoapBox Jan 2016 #59
Really? leftynyc Jan 2016 #70
Seeing women as objects to control and scorn is close enough for the analogy to work, IMO. randome Jan 2016 #74
That jackass needs a mouth full of fist. Lizzie Poppet Jan 2016 #77
Well that is not going to go over without some come back. Wellstone ruled Jan 2016 #2
Beyond any shadow of a doubt, Santilli and his ilk are despicable. branford Jan 2016 #3
Is Libel illegal? padfun Jan 2016 #5
A politically-related opinion concerning someone's virtue, even a child, branford Jan 2016 #11
Bullshit elehhhhna Jan 2016 #15
I'm a commercial and civil litigation licensed in NY and NJ, branford Jan 2016 #21
Well at least he didn't call her a whore. passiveporcupine Jan 2016 #43
He is a vile and despicable excuse for a human being. branford Jan 2016 #44
And most of the posters here are just revealing their opinions too passiveporcupine Jan 2016 #49
Very true and understandable. branford Jan 2016 #51
I understand passiveporcupine Jan 2016 #56
The first amendment protects speech with which we disagree , not that with which KingCharlemagne Jan 2016 #73
Whoa Trigger! I should trust the internetrollish ramblings of a elehhhhna Jan 2016 #89
Sigh... branford Jan 2016 #91
Perhaps you're right. Santilli I'd a pig regardless who should be elehhhhna Jan 2016 #92
I, like everyone else, readily acknowledged that Santilli is human excrement. branford Jan 2016 #95
just as a matter of curiosity, how do YOU define "libel", or "slander"? niyad Jan 2016 #48
For reference, here's a good link concerning defamation claims in New York. branford Jan 2016 #50
Libel (actually slander in this case) is a civil case. (nt) jeff47 Jan 2016 #13
Whether oral or written, Santilli's statements as reported branford Jan 2016 #24
Making a "political" statement doesn't shield you from defamation. jeff47 Jan 2016 #32
No, but an opinion is not legally actionable. branford Jan 2016 #34
No, if he had evidence then she wouldn't have a case jeff47 Jan 2016 #35
The higher standards for public figures have nothing to do with the difficulty branford Jan 2016 #37
Thanks for your posts flying rabbit Jan 2016 #38
what if it could be proven the statement caused harm? mdbl Jan 2016 #66
No, not if the statement was clearly offered as an opinion. branford Jan 2016 #82
no wonder our media is so screwed up mdbl Jan 2016 #99
Thank you. elehhhhna Jan 2016 #93
At what point does refusing to enforce the law become stupid? nt geek tragedy Jan 2016 #9
How long did all the various Occupy protests last across the country? branford Jan 2016 #19
Really? A Little Weird Jan 2016 #29
None of those cases involved (a) armed force; (b) claim of geek tragedy Jan 2016 #30
Respectfully, you're viewing the Occupy protests through a lens branford Jan 2016 #31
You seem to be arguing that we should cede that refuge geek tragedy Jan 2016 #41
I am no more arguing that we should "cede" the refuge to the militia branford Jan 2016 #45
comparing the bundy cowliphate and ows? really? wow. . . .just. . wow. niyad Jan 2016 #47
Whether you like it or not, branford Jan 2016 #53
It's called dispassionate observation. I always appreciate someone willing to see things that way. randome Jan 2016 #78
Perhaps I misunderstand you. geek tragedy Jan 2016 #52
I have no personal objections to cutting-off water or power branford Jan 2016 #54
You make very good points. However, this is terrorism, people are being terrorized. L. Coyote Jan 2016 #76
Was with you Uponthegears Jan 2016 #81
I believe the visuals of dead rural white guys at the hands branford Jan 2016 #83
Yep Uponthegears Jan 2016 #97
Did you see the article about the occupation of the refuge costing $1.2 million a week? davidpdx Jan 2016 #61
I've seen many of the articles, branford Jan 2016 #62
I'm not advocating violence, just stating that this siege (incident, whatever you call it) davidpdx Jan 2016 #64
I have no objection to the word "siege," although it's a little hyperbolic. branford Jan 2016 #65
Peacefully resolved like in Nevada? blackspade Jan 2016 #40
to what, exactly, are you referring? nothing in the article talks about action being taken niyad Jan 2016 #46
I condemned the comments, branford Jan 2016 #55
If inly his despicable comments would cause Ilsa Jan 2016 #96
"broadcaster" Roy Rolling Jan 2016 #4
They let him in again? He got tossed out Monday. Eugene Jan 2016 #6
He and others want a shooting civil war. Or they think they do. I dont because I know randys1 Jan 2016 #10
You'd think that they would realize that constantly antagonizing the locals is not a good plan. drm604 Jan 2016 #7
These yahoos want to goad an overreaction by law enforcement, branford Jan 2016 #25
Sue for slander. tabasco Jan 2016 #8
I suspect gramps knows a lawyer that will prosecute this slander/libel pretty well... elehhhhna Jan 2016 #12
this piece of shit... dhill926 Jan 2016 #14
They hanged Lord Haw-Haw SwankyXomb Jan 2016 #80
Stone her in the public square! central scrutinizer Jan 2016 #16
Well coddling them doesn't seem to be working n2doc Jan 2016 #17
Everyone said that when Cliven Bundy Aerows Jan 2016 #88
Whay would anybody expect anything better from these scumbags? (nt) Paladin Jan 2016 #18
Conservatives always make the best - vkkv Jan 2016 #20
Dreadful. Reminds me of Letterman's sexual insult virgogal Jan 2016 #23
That insult was directed t Bristol, not Willow. nt tblue37 Jan 2016 #36
THe Right wing is dangerously insane Ferd Berfel Jan 2016 #26
Can you still sue someone for defamation of character? Lars39 Jan 2016 #27
Not for statements of opinion, branford Jan 2016 #33
Just out of legal curiosity Nac Mac Feegle Jan 2016 #71
Any physical attack on Santilli can and would be criminally prosecuted. branford Jan 2016 #84
He said the judge was "prostituting" his granddaughter. Despicable opinion but not yellowcanine Jan 2016 #69
"I would not treat her like a prostitute like he did.” LanternWaste Jan 2016 #87
Keep it up and the law may need to.... Geronimoe Jan 2016 #42
You leave the kids alone leanforward Jan 2016 #57
Sue for slander and defamation. onecaliberal Jan 2016 #58
*face palm* PersonNumber503602 Jan 2016 #60
Not familiar with Mr. Santilli, but saltpoint Jan 2016 #63
Santilli was thrown out of the meeting and his actions there preceed her saying this. L. Coyote Jan 2016 #79
Didn't have that information, saltpoint Jan 2016 #90
It's time to stop treating this bunch like a 5th grade outing at a nature preserve. Vinca Jan 2016 #67
I say let him keep talking!!! WhoWoodaKnew Jan 2016 #68
He said the Judge prostituted his granddaughter and NOT laureloak Jan 2016 #72
Correct, and although still a loathsome remark, branford Jan 2016 #85
Again. Mistaken. elehhhhna Jan 2016 #94
There is being an asshole Aerows Jan 2016 #86
huh? Liberal_in_LA Jan 2016 #98
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