Where are the Apologies? Covington Students Cleared of Wrongdoing


#163

Lame deflection. It wasn’t Fox that failed to do their due diligence here and ran with the story as though it were true, it was those you admire and defend.


#164

All of the accusations they were tarred and feathered with were proven to be false.

You’re not going to like how this works out.


#165

Is that the standard for a defamation claim?


#166

I wonder if the kids weren’t wearing MAGA hats if this would have even broke the local news?


#167

I know it’s a challenge but try keeping up. I’m really tired of doing remedial work for you folks.


#168

Doubtful. Idiots protesting is pretty much a daily occurrence in that area as are the inevitable conflicts.


#169

Elements to prevail in a defamation case.

Broadly there are four elements that the plaintiff is required to prove in a defamation lawsuit, whether for libel (a defamatory written statement, for example in a newspaper or other publication) or slander (a defamatory spoken statement.) These are as follows:

  1. The statement, which must be about another person, must be false.

  2. The statement must be ‘published’ to a third party, who cannot also be the person who is being defamed. Publishing in this context does not mean that it must be printed, but purely that the statement has to be ‘made available’ to someone other than the person about whom the statement was made.

  3. If the nature of the statement is ‘of public concern’ the person who has published it must be at least liable in negligence. Public figures who seek to prove that they have been defamed must prove an additional element under the First Amendment of the US Constitution, that in publishing the statement the defendant was acting with ‘actual malice’ (by publishing something they know to be a lie) or at least to have a total disregard for whether the statement is true or not.

  4. The person about whom the defamatory statement is made must be ‘damaged’ by the statement. In some states, it is sufficient to establish that the plaintiff suffered ‘mental anguish’ as opposed to ‘damage.’

https://www.lawfirms.com/resources/personal-injury/libel-and-slander/elements-required-defamation.htm

An actual attorney or anyone who’s ever read up on the subject would know this.

The higher standard for public figures does not apply to these kids, their parents, or the school.


#170

They were tarred and feathered for two days. As long as these kids stay off of Fox News, everyone will forget about them and they will be fine.

This isn’t like the Duke Lacrosse case, which dragged on for months. And I bet even those guys are fine now.


#171

They were trashed in the press for far more than 2 days.

Their reputations are forever trashed and it was all due to media bias and a clear choice was made by them not to verify the story before running with it.

When attorneys of the caliber of Alan Dershowitz say they have a strong case I have every reason to believe it’s true. Dershowitz has no bias here and nothing to gain or lose coming down on either side of the case other than of course the satisfaction being right when they prevail or settle for a huge amount.

All of the media talking heads that ran with the story and slandered them showed absolute actual malice in their statements and social media posts as well so they better plan on getting their checkbooks out as well because the boys’ attorney will be coming after them individually next.


#172

Is that how cases like this are determined? By broadly citing elements from the internet? Under what statute will the elements be determined in this case? Will this be federal defamation statute? Actual attorney’s know that the elements are defined by the actual statute not “broadly defined” elements from a “find a lawyer” web site.


#173

Read the filings by their attorney.


#174

I have read the filings, hence my questions to you regarding the strength of their case.


#175

Then post them and let’s discuss them.


#176

I can’t post what is not there… Let’s start simply… Which state/federal laws will be used to evaluate this case? You made the claim in the start of this discussion that the defamation did not take place in Kentucky nor did the defamation. So under what federal/state law is the case being filed?


#177

Then email the attorney and let us know what you find out.


#178

Wait a minute… You are making the claim that they have a strong case… On what basis are you making that claim if you can’t cite the federal/state statute they violated?


#179

I really tire of repeating myself. Try reading above a few posts.


#180

Will this be tried using a federal statute or a state statute… Should be an easy question to answer… Are you suggesting all have the same elements?


#181

What part of this do you fail to understand?


3m

I really tire of repeating myself. Try reading above a few posts.


#182

I fail to understand why you are avoiding answering the question… Will this be tried using Kentucky defamation law? Federal defamation? Enlighten us…