Thread by @greg_doucette: "Earlier today I learned about this #StandWithVic hashtag and the total gibberish sent by his lawyers as part of a LOLsuit
Reminder to ch [...]" #standwithvic #law140 #lolwut #priorities
They also deliberately conflate statements made by different parties under the defamation, trying to take a marginally stronger claim ("insider knowledge") and using it to bootstrap against other comments that are not defamatory ("predator," etc)
No. A limited purpose public figure can exist even if they didn't seek out the attention at all; similarly, a matter can be of public concern even if the person is totally private. See Rosenbloom v Metromedia Inc, 403 US 29 (1971)
There's also an argument to be made that everyone with a Verified account is a public figure in some form or another, as there has to be material already in the public domain to confirm the verification
I could tweet "@gbrooding is a serial rapist and rabid goat-f*cker who's molested dozens of women and goats alike" – with no proof at all whatsoever – and the burden would remain on you to prove falsity if you decided to sue for defamation
Burden is on you to prove falsity regardless, because falsity is a required element of defamation claims. As a non-public figure, you just wouldn't have to prove the extra element of actual malice as well.
No. Ron and Rial don't have to prove anything at all. They can voluntarily choose to do so (as truth is an "affirmative" defense, meaning it has to be actively asserted by a defendant) but it's not required.
I'm sure that's buried somewhere in the @'s. They've also decided that because I do criminal defense I can't possibly know about defamation law (cases I also defend), and that I'm a terrible lawyer because I live in Durham and/or tweet a lot
Where it gets into a gray area is when someone implies there are undisclosed facts that only they know about. "I've done an investigation, and based on what I found, Bob's a rapist" could potentially be defamatory...
...unless the basis for that opinion is disclosed. "I did an investigation, here's the PDF, and I've concluded Bob's a rapist" isn't defamatory; the response is for the aggrieved party to publish their own spin, not to sue in court
First, the Vic team can't prove actual malice – that's why, when you read the lawsuit, there are no facts alleging it. There's 1 conclusory allegation.
Second – if what's in the complaint is representative of these 400 pages of tweets – they're all either protected opinion based on disclosed facts or rhetorical hyperbole
Third, they have to prove the damages were *the direct result of the defamatory statements alone* and not things like entities using Google, or being risk-averse in who they invite, or true statements made by others, etc etc etc
This case is going to lose. Period.
Whether it loses on an anti-SLAPP motion or loses on summary judgment, the end result will be the same.
Their literal only hope is to pray the cost of paying defense attorneys is so high that the defendants settle.
As explained elsewhere in the thread – repeatedly – "malice" and "actual malice" are 2 different legal concepts
Actual malice requires proving the statement was made knowing it was false, or proving it was made with a reckless disregard for the truth
Nope. Spent the day waiting for then winning a trial. Just wrapped eating celebratory cheese fries. Currently relaxing on the couch watching ppl work themselves up into a lather over a guy they don't know.
Depends on the contours of the case. The Plaintiff could just testify and hope the jury believes it all. They could call the ppl who said he did it and try to challenge their recollections. They could show some impossibility (being out of town, etc)
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