Notably, Kentucky does not have an anti-SLAPP law. So unless the lawsuit is dismissed as failing to state a claim on the face of the complaint, there is going to be discovery. I look forward to seeing the MAGA-teen, his buddies, and their chaperones all put under the scrutiny of video deposition, not to mention the likelihood of racist social media, texts, etc. Send preservation demands to every one of those people immediately.
Yes. The discovery phase will be most unyielding to this young man, his family, and his school.
Dershowitz was at some point both a lawyer and a law professor. That means he should at least know to be careful in choosing his words. âThe world was guilty of libelâ? First, libel is a civil claim, not a criminal one, so no one can be âguiltyâ of libel. Second, âthe worldâ includes lots and lots of people who know nothing about this incident and published nothing about what this kid did or did not do. Third, the legal standard for libel establishes what is âreasonableâ, not Alan Dershowitzâs political affinities.
As did I, and if you did anything (ANYTHING) that could embarrass the school even trivially youâd be in a world of sh*t. That being said, this was the 80âs. Long before MAGA-time and everything is just strange and different now.
But of course. Because heâs always ready, willing and able to rush to the defense of the rich, white and powerful against the horrific discriminatory bias against them. Itâs his mission in life.
The thing thatâs fucking infuriating me about this shit is that all it took was for one rich lady to hire a well-connected Republican DC PR firm to throw some magic distraction pixie dust and push a few white fragility buttons (being shouted at by black cultists before their own disgraceful conduct is somehow relevant because reasons! The old Indian guy wuznât no angel!), and boom the whole goddamn MSM falls all over itself to wail over how terribly it misjudged these fine young lads and obviously our eyes were lying to us because reasons.
Canât someone just invite the Dersh to a cocktail party or two? His isolation is making him crazy. If not that, canât Harvard trade him to Liberty University?
Sure, but letâs think this through the rest of the way.
Letâs say that MAGAhead gets his payday. It seems to me that anyone that gets pilloried on social media, and then gets featured on Fox News will then have precedent for financially devastating any media outlet that got involved.
Why not?
There has been some speculationâŚ
cough-cough-cough Ahem. Er. Well, now. Yes. Ahem. Hm. Well, now. While Professor Dershowitz would certainly be welcome at Liberty, because, of course, why wouldnât he, well. Hmm. UmmâŚ
Yes, and also the texts and social media DMs of Nickâs and his parents. I have no doubt this is going to get very ugly for that family. What we saw in public was probably just a taste of the hatefulness in their lives and the discovery will eventually prove that media outlets were restrained in what they said about him.
Dersh, I accuse you of raping teenage girls at Jeffrey Epsteinâs bunga-bunga parties. Sue me.
Today In Euphemisms
Sandmanned: verb The act of filing a meritless defamation lawsuit that serves only to cement oneâs disrepute.
See also, The Streisand Effect.
Ok so I admit I was laughing so hard when I read the complaint that I may have missed it, but I didnât see where theyâre suing for libel. Their specific complaint appears to be that WaPo is leading a war against white people and the damages sought are for bullying white males, not for libel.
I did see a claim that WaPo supposedly âsmearedâ Sandman by âfalsely accusing him of instigating the January 18 incidentâ and by saying he acted racist. I didnât go back to revisit their original article but Iâd be willing to bet it says nothing of the sort. And for that to be libel, theyâd have to show that Sandmanâs reputation was damaged by it. HmâŚso what is his reputation, I wonderâŚ
Heâs a public figure, so the requirements of actual malice and provable damages would be big barriers to recovery. Plus, your statement is arguably one of opinion, rather than fact, since you merely âaccuseâ Dersh of raping teenagers. If you really want to get sued, try something like this:
âAs a matter of objective fact, Alan Dershowitz raped one or more teenage girls, and I make that statement without having read or heard any media accounts or statements of the victims attesting to that fact. I just hate Alan Dershowitz, and I believe he should be exposed to discovery on all the teenage girls he has had sex with.â
Donât forget Dershowitz was an early adopter of âwe have to tortureâ after 9/11.
Is Dershowitz still polluting minds over at Harvard?
I am absolutely positive that Dersh would say the same thing if anyone sued FoxNews and Sean Hannity or Tucker Carlson or the rest of their journalistically-challenged wingnut-welfare recipients for $250M for libel, but my Magic 8 Ball keeps telling me, âAre you out of your fucking mind?!â
Exactly what I thought. Possibly theyâre trying to get some kind of precedent for Drumpf to sue for âlibelâ?
Couldnâtâa said it better myself. Second everything youâve written here.