Earlier quoted context omitted.
So Gawker exercised free speech and he was allowed to tag along in an unrelated lawsuit. That sounds like a big loophole in the system. Say what you will about these "smut peddlers" like Gawker but that is an attack on free speech. I amazed more folks in the comments aren't upset about the constitution being perverted in such a way.
If it's a loophole they created it, with a big neon sign saying "please put us out of business". Would it make you feel any better if Hogan never got his day in court because he didn't have the money? Gawker was using their warchest to avoid litigation for completely legitimate lawsuits -- no matter how you feel about Thiel they got what was coming to them.
Peter Thiel and the Stanford Review
31–40 of 49 posts
Re: Peter Thiel and the Stanford Review
#32Earlier quoted context omitted.
I think you're asking a rhetorical question where the answer is in the affirmative. But I would actually like to know how much damage Peter Thiel has done to free speech. Gawker broke the law. It's great they got ended.
>Gawker broke the law. It's great they got ended. Why do so many people ignore this fact? Yes, Thiel funded a lawsuit that bankrupted them. But he won that lawsuit because Gawker committed a crime. I don't see how what Thiel did is any different than when an organization like the ACLU, NAACP, or EFF gets behind a court case that aligns with their political causes. Either we agree that a third party is allowed to fund…
What lawsuit are you thinking of in which the ACLU/NAACP/EFF/etc privately backed a litigant?
Re: Peter Thiel and the Stanford Review
#33Earlier quoted context omitted.
If it's a loophole they created it, with a big neon sign saying "please put us out of business". Would it make you feel any better if Hogan never got his day in court because he didn't have the money? Gawker was using their warchest to avoid litigation for completely legitimate lawsuits -- no matter how you feel about Thiel they got what was coming to them.
Gawker got what they deserved but this sets a dangerous precedent.
Re: Peter Thiel and the Stanford Review
#34Earlier quoted context omitted.
I think you're asking a rhetorical question where the answer is in the affirmative. But I would actually like to know how much damage Peter Thiel has done to free speech. Gawker broke the law. It's great they got ended.
>Gawker broke the law. It's great they got ended. Why do so many people ignore this fact? Yes, Thiel funded a lawsuit that bankrupted them. But he won that lawsuit because Gawker committed a crime. I don't see how what Thiel did is any different than when an organization like the ACLU, NAACP, or EFF gets behind a court case that aligns with their political causes. Either we agree that a third party is allowed to fund…
So I don't buy into the notion that, simply because Gawker was found guilty by a court of law, we should not consider their side of things.
Re: Peter Thiel and the Stanford Review
#35Earlier quoted context omitted.
>Gawker broke the law. It's great they got ended. Why do so many people ignore this fact? Yes, Thiel funded a lawsuit that bankrupted them. But he won that lawsuit because Gawker committed a crime. I don't see how what Thiel did is any different than when an organization like the ACLU, NAACP, or EFF gets behind a court case that aligns with their political causes. Either we agree that a third party is allowed to fund…
> because Gawker committed a crime What criminal statute was Gawker convicted of breaking? It would behoove everyone to understand the difference between civil and criminal law. A tort is not a crime. They were found to have caused injury to the reputation of a person. That is not a crime.
Are you saying that this is why no one went to jail over this?? :) :)
Re: Peter Thiel and the Stanford Review
#36Earlier quoted context omitted.
>Gawker broke the law. It's great they got ended. Why do so many people ignore this fact? Yes, Thiel funded a lawsuit that bankrupted them. But he won that lawsuit because Gawker committed a crime. I don't see how what Thiel did is any different than when an organization like the ACLU, NAACP, or EFF gets behind a court case that aligns with their political causes. Either we agree that a third party is allowed to fund…
Well, not exactly. The law is not perfect. It's enforced and deliberated by humans. If someone is guilty, it doesn't mean they're objectively guilty, as though such a thing even really exists. It means someone brought and argued a case against them and a judge or jury ( one person or a small handful of people) agreed with the argument. We may like to think that the set of rules which leads to a judge or jury's decisi…
They literally published an article about how they're ignoring a court order over the matter: http://gawker.com/a-judge-told-us-to-take-down-our-hulk-hoga...
Re: Peter Thiel and the Stanford Review
#37Earlier quoted context omitted.
>Gawker broke the law. It's great they got ended. Why do so many people ignore this fact? Yes, Thiel funded a lawsuit that bankrupted them. But he won that lawsuit because Gawker committed a crime. I don't see how what Thiel did is any different than when an organization like the ACLU, NAACP, or EFF gets behind a court case that aligns with their political causes. Either we agree that a third party is allowed to fund…
> I don't see how what Thiel did is any different than when an organization like the ACLU, NAACP, or EFF gets behind a court case that aligns with their political cause What lawsuit are you thinking of in which the ACLU/NAACP/EFF/etc privately backed a litigant?
Re: Peter Thiel and the Stanford Review
#38Earlier quoted context omitted.
Well, not exactly. The law is not perfect. It's enforced and deliberated by humans. If someone is guilty, it doesn't mean they're objectively guilty, as though such a thing even really exists. It means someone brought and argued a case against them and a judge or jury ( one person or a small handful of people) agreed with the argument. We may like to think that the set of rules which leads to a judge or jury's decisi…
Did you actually read about the case or do you just follow the "Peter Thiel is bad" doctrine? I feel like when you're defending revenge porn you've lost touch a bit. They literally published an article about how they're ignoring a court order over the matter: http://gawker.com/a-judge-told-us-to-take-down-our-hulk-hoga...
Re: Peter Thiel and the Stanford Review
#39Re: Peter Thiel and the Stanford Review
#40Earlier quoted context omitted.
> I don't see how what Thiel did is any different than when an organization like the ACLU, NAACP, or EFF gets behind a court case that aligns with their political cause What lawsuit are you thinking of in which the ACLU/NAACP/EFF/etc privately backed a litigant?
Is the fact that he did it privately the issue? I don't see why it should be: why would you have to identify where your lawyer's retainer comes from?
https://www.nytimes.com/2016/05/26/business/dealbook/peter-t...
> Roy D. Simon, a professor emeritus of legal ethics at Hofstra University School of Law, suggested that the practice has helped “level the playing field” by providing resources for people to mount cases against big institutions that would be impossible otherwise.
http://fortune.com/2016/05/25/thiel-gawker/
> Perhaps, this could be solved by disclosure: Isn’t it in everyone’s interest to know when people like Thiel are behind a lawsuit? As it turns out, no one has to say a thing. According to Burford Capital, a litigation company whose clients include banks and hedge funds, the law is “perfectly clear … there is no obligation to disclose litigation financing arrangements.”
FWIW, I checked up on the latest news regarding Thiel vs. Gawker. They are currently in bankruptcy proceedings. In June, the court agreed to let Gawker subpoena Thiel and do discovery on Thiel's relationship with Hogan's lawyer:
> Judge Stuart Bernstein of the U.S. Bankruptcy Court in Manhattan ruled Tuesday that Gawker has established cause for examining Mr. Thiel’s relationship with the lawyer, Charles Harder. Gawker seeks evidence, if any exists, that Mr. Thiel conspired with Mr. Harder to destroy the media company, which could be used to build a lawsuit against the billionaire venture capitalist.
IANAL, and I haven't read anything that has explained the best-case scenario for Gawker, in terms of what evidence it would have to find, and what actions it could take. But apparently there was some merit to Gawker's claim that Thiel's role was problematic.
A Buzzfeed reporter who is covering the case tweeted that Thiel potentially could be damaged by this Stanford Politics story: https://twitter.com/RMac18/status/935214376155365378
One of the supposedly problematic passages from the Stanford Politics article:
> On Oct. 28, 2015, several months before Thiel was revealed to be the funder of a lawsuit that bankrupted renegade media company Gawker, which had covered his political activities negatively and outed him as gay in 2007, the Stanford grad (BA ’89, JD ’92) giddily told several Stanford undergraduates in a private meeting at his San Francisco home about his imminent destruction of what he called a “universally reviled organization.” Four undergrads present at the meeting confirmed the story, a seemingly out-of-character — however vague — disclosure from the quite private Thiel. But why would he divulge such a thing to a small group of students? And why was he meeting with them in the first place?
Assuming that the SP's reporting on this is accurate, Thiel seems to have been way too overconfident in his private meetups with Stanford students. Again, this may end up being nothing in terms of Gawker's last-ditch legal fight, but for Thiel to gloat to students about his secret legal actions seems really dumb and careless. Hopefully (for his sake), he didn't say much more than that to Stanford students about the Gawker case.