Richard Day's picture

    NYT v. SULLIVAN

     

    The First Amendment to the United States Constitution states:

    Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution 

    Now Great Britain has freedom of speech.

    Our Mother Country sets down rulings all the time concerning this ideal for a Democratically Ordered Society.

    But in this country, our Supreme Court dutifully noted that there was a conflict between the ideals contained in this Amendment and the right of  citizen to sue someone who 'bears false witness'

    In New York Times vs. Sullivan, our Supreme Court sided against a Plaintiff who sued the NYT for libel.

    http://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan

    In that case freedom of the press was involved as well as freedom of speech.

    Just to demonstrate that GB takes a different approach on these issues witness a trial that Liberace brought in England decades ago.

    Basically Liberace won this case. That is Liberace kinda proved he was not gay?

    hahahahaahahah

    And if you catch the Liberace squib, he also received a settlement in the good ole US of A.

    http://en.wikipedia.org/wiki/Liberace#Lawsuits_and_allegations_of_homosexuality

    But those actions took place during the 1950's.

    What the Sullivan case demonstrated (1964) was that our Supreme Court was concerned over restraint of freedom of the press and interfering with  free speech for individuals.

    Our Court recognized that those with powerful and wealthy caste  could hire all the attorneys in the world and fight like hell to destroy newspapers and individuals who held different viewpoints than those with that kind of power.

    And so the US Supreme Court simply changed the standard of proof so that a plaintiff must establish more proof than a preponderance of evidence in order to proceed with the court proceedings. And that plaintiff would have to prove 'intent'. Which is hard to prove.

    The ability of some strange jury to find intent and total disregard for the truth would be diminished.

    http://en.wikipedia.org/wiki/Burden_of_proof_(law)

    So folks like O'Reilly decided to sue my hero Al Franken and lost his stupid suit, based upon cases like Sullivan.

    http://www.cnn.com/2003/LAW/08/22/fox.franken/

    Senator Al Franken won that suit pursuant to a Motion for Summary Judgment and the judge who heard the motion waited about fifteen minutes in order to dismiss the goddamn suit. ha

    Trump has sued Bill Maher; hahahahahaha

     

     

    Now Roy Moore is going to sue these women who have informed Washington Post reporters of what was going on with Moore in the 70's. Or at least Roy feigns to bring suits against the innocent victims of his wantonly venomous urges. hahahah

    http://latest.com/2017/11/roy-moore-threatens-to-sue-wapo-over-sex-assault-report/

    Just like Trump warned his accusers.

    http://www.cbsnews.com/news/donald-trump-threatens-to-sue-sexual-assault-accusers-after-election/

    JESUS H. CHRIST LET THEM BOTH SUE.

    Only this time, the defendants must wait to bring some summary judgment motion because...

    THESE SONS FOR BITCHES COULD BE DEPOSED.

    If the defendants will wait, just a short period of time; those defendants have a right to discovery.

    And they get to subpoena the bastards for depositional purposes.

    These procedures cost money but damn....use the internet and get the goddamn money.

    Besides, there are attorneys who would work for free for chrissakes in order to cross-examine powerful idiots.

    And if Hannity's direct examination of Moron Moore is any indication...

     

     

    Moore is an idiot. This guy admits to all his sins. hahahahaha

    Cross examining this idiot would be so goddamn easy.

     

     

    I think AA and others have pointed out the stupidity of this guy who would wander the local malls and high schools in order to find the minor of his choice.

    hashahahah

    Oh and please..............Trump sue these accusers.

    Do you recall Mr. Buffoon when you said:

    .....

    I do not recall that statement.

    Oh, well here is an audio transmission that says on the blank day of blank:

    Well this is what you said:

    Well I did not bring my glasses...

    Well you can hear, can't you:

    PLAY THE TAPE

    PLEASE PLEASE PLEASE

     

     

    Trump's divorce deps are even better.

    These pols are idiots. They can barely read and write.

    Just go back to my previous blog on Moore.

    Any third-year law student would destroy them on cross.

    Do not use summary judgment prior to proper depositions.

    Advertise for the monies necessary to destroy them.

    THE END

    PLEASE, PLEASE, PLEASE ME!

     

     

     

     

    Comments

    SEAN HANNITY and BRIEBART can vouch for ROY MOORE Libtard deep state McConnell establishment Republicans Bezos WaPo Smearers!

    Hannity gave Roy the microphone so Judge twice removed for violating the Constitution Moore could tell people the truth and nothing but the truth cause you CANNOT tell lies on Hannity or your tongue turns blue.

    And now this:

    So which teen waitress at the Olde Hickory House didn't get a love note in their own yearbook from the local assistant DA? No wait, forget that. Hannity has done a whole lot of investigating on this and other controversies, which is why Murdoch pays him $29 million a year, he wants ONLY to inform the public convincingly and give the microphone to guys Bannon likes so they can bamboozle folks and keep them from changing the channel.


    LOVE NOTES!

    There has to be a movie in there somewhere.

    hahahahha


    "You've got Male"? "Hickory Dickery Dock"?


    Look, this aint funny Peracles.

    I asked her mommy and she said:

    OKIE DOKIE

    It is not hickory dickery dock.

    It is:

    OKIE DOKIE FOR CHRISSAKES!.


    It ain't Oklahoma. Maybe Alabama get away (wid sumthin)


    Hey Dick, Peracles...

    My old boss wrote this years ago... He was born in Tupelo and it was always a tough drive getting to Macon Georgia.

     

     

    ======
    ~OGD~


    Ducky, this is great.

    You were employed by this guy?

    I rue my current condition; I rue my sins against my neighbors; I sometimes feel life was unfair to me...

    But damn! I cannot imagine being stuck in a Alabama prison.

    Recently there was this Louisiana Sheriff who was interviewed on some local tv station. He was angry that some non-violent felons were released from prison by some legislative fiat--probably related to funding issues?

    WE JUST LOST OUR BEST WORKERS.

    Who will now wash our cars?

    I dunno. This thought just got to me.


    Oh yeah Dick...

    WE JUST LOST OUR BEST WORKERS.

    I saw that sumbitch about a month ago.

    Prick!

    ======

    ~OGD~


    Hey OGD, there's even more to this one - the cops'd wait at the line (Fenix City?) and pull over the longhairs for busted taillight or sumtin, toss 'em in a cell a few hours, then they'd emerge a few hours later with a new haircut, courtesy of the sheriff. Yes, made touring tough - sure there was more than this barber harassment as well.


    Roy Moore reportedly banned from mall after targeting teen girls

    Senate Republican candidate Roy Moore, who has been accused by a woman of sexually assaulting her when she was 16, was banned from an Alabama mall in the 1980s after he targeted young girls for dates, according to a report Monday.


    NCD, you having me laughing so damned hard.

    hahahahahah

    How the hell does an ADA get banned from a mall?

    Oh, but this new accuser causes me no humor at all.

    But add the context concerning this bible thumping; antigay; anti choice; anti birth control....

    I just hate this guy.


    Mall cop: "It's that Ten Commandments guy again in the food court, run him out of here."


    Christian Evolution: Thou shalt not cover thy neighbor's  donkey   wife  daughter.


    Roy Moore says that he will sue the WaPo for defamation. Moore is not suing anybody because he would have to be deposed. 

    Lost in the Roy Moore mess is the fact that his opponent, Doug Jones, prosecuted two of the Klansmen involved in the murders of the four little black girls killed in the bombing of a church in Birmingham in 1963.

    https://www.washingtonpost.com/news/retropolis/wp/2017/11/09/an-alabama-senate-race-conjures-the-awful-1963-church-bombing-that-killed-4-black-girls/?utm_term=.3bf63f8ca156

    ​There can be non excuse for an Alabama voter to choose Moore over Jones.


    Yeah rmrd; this aint never gonna happen.

    Oh and Lawrence O'Donnell just told me about Doug Jones and his history as a Civil Rights advocate.

    I had no idea.

    I am an atheist, but Jones has me praying for his success.

     


    Evangelicals embarrassed themselves by supporting Trump. Alabama can’t avoid looking like a backwards state if Roy Moore use elected. Let us hope that common sense prevails.


    Oh Seder has this video of Alex Jones making an ass out of himself.

    Like one could never fun across Alex not making an ass out of himself.

    I cannot stop laughing at this.


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