Mastodawn

Androcat Jan 31, 2024

@GottaLaff I wonder, if a news outlet repeats a defamatory claim, can they be made liable?

Seems like that would curtail that behavior real quick.

@androcat 1A. If they’re quoting, then why would they be held liable?

Everyday.Human Derek Jan 31, 2024

@GottaLaff @androcat

“Libel is related to defamation, generally referring to statements made about someone without just cause and exposing them to public contempt. Liable, on the other hand, is an adjective referring to the person legally responsible for something, such as a debt that is owed. The related noun, liability refers to the legal responsibility itself.”
dictionary.com
Something similar I guess…

@EVDHmn Huh? I know what both mean and the differences. I’m saying that if a news org quotes something in a story, the 1A would prevent them from being prosecuted and held liable for… libel.

In fact, one of the Legals on MSNBC said that Trump likely won’t be sued for defamation again… yet… by E Jean because he’s RTing others’ libelous comments, but not making those comments himself, using her name.

@androcat

Everyday.Human Derek Jan 31, 2024

@GottaLaff @androcat
I figured you both did, it was more for people who read after us.

@EVDHmn Ahh, thank you. @androcat

@GottaLaff
👍🏽🤣

Joe Hill 🇵🇸🇺🇦Jan 31, 2024

@GottaLaff @EVDHmn @androcat
IIRC, That argument didn’t protect Rupert Murdock and NewsCorp in the Dominion suit.

Quite possibly different nuances at play, I don’t remember.

@Joe_Hill Because they're a news [sic] org. @EVDHmn @androcat

Eddie the Bulldog Jan 31, 2024

@GottaLaff @androcat I think it would depend on the relationship between the source and the repeater. To avoid defamation here, particularly if you're the defamer in the original suit, requires a discipline that Trump probably lacks. If the quote is planted by Trump via an ally and that relationship can be proven, then he would have defamed.
How hard that would be to prove, depends on discipline of the parties involved.

Androcat Jan 31, 2024

@GottaLaff Just talking ideally - a choice to publish a statement one knows to be false really ought to be considered an act of making that statement.

The media has taken to just quoting stuff they know to be false, as if that is a morally neutral act, but they don't actually have to do that, it's a choice. They could just paraphrase or even just say "at this point the candidate once again repeated claims for which he was just fined 83m$"

@androcat Yes, but unfortunately....

jz.tusk Jan 31, 2024

I just listened to her last Friday's show with Nicole Sandler, and now I have to hold myself back from screaming at people "Just listen to this! She's describing everything the Trump crime family does, and it's taking place right now!"

@jztusk She's brilliant

I MISS Empty Wheel on Mastodon. She used to post articles here, but the last one is 12/29.
I’d savor her investigative pieces first thing in the morning when my mind was at its sharpest.

@bronakins Well, you can always go to her website.

‼️Thank You!! I had no idea—thot it was X or nada. What a treasure trove—I’m about a month behind. Marcy is a wonder.

@bronakins Yes, Emptywheel.net. I've linked to it here often

As you probly know I follow you diligently, so it’s embarrassing I missed it.

@bronakins Oh don't say that! How can you possibly keep up with all my zillions of posts?

Welp you ARE prolific! And I only follow you on mastodon & I seem to need more sleep than you. 🥱

@bronakins LOL, I sleep 8 hours a night!

Wow! That’s excellent! Very healthy lifestyle! I said I NEED the sleep—I don’t always get it.

12foxfire Jan 31, 2024

@bronakins @GottaLaff I’ve missed stuff too. :))

@sepfeiffer It's impossible not to @bronakins

TheInvisibleHandOfTheMarket Jan 31, 2024

@GottaLaff I wish emptywheel and others like her would post here or threads. BTW, thanks for all you do, and hope you're feeling better

@tihotm She's on Bluesky and Twitter, hates all things Zuckerman/Meta, and does have an account here that she occasionally posts on. I've tried to get her to do more here, and once, she took me up on it, but then stopped.

YVW!

Harry Wert Jan 31, 2024

@GottaLaff He gets a lot of mileage by saying things that have no actionable legal meaning, such as ‘crooked’, and by using the formula ‘people say such-and-such, I don’t know if such-and-such is true, but I wouldn’t be surprised if evidence comes to light that such-and-such is true’.
As George Lakoff has pointed out for decades, you can’t fight that by repeating it.