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Afroman found not liable in defamation case

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441–450 of 798 posts

Re: Afroman found not liable in defamation case

#441

They tell us over and over again that we should have no expectation of privacy or not being filmed in public. Well, IMO they should not have any expectation of privacy or not being filmed when on private property and conducting the work _that we pay for_. They work for us.

That is, in fact, what the law says and what the courts have agreed with multiple times.

Re: Afroman found not liable in defamation case

#442

Heh. > their constitutional privacy Isn't that something that people are always pointing out "is not guaranteed by the Constitution"?

The Constitution guarantees the right to be "secure in their persons, houses, papers, and effects".

Which means what the Supreme Court says that it means. It's easy to imagine that it means something akin to what people mean by "privacy", but interpreting the Constitution is infinitely malleable so I don't have any idea what it means.

Re: Afroman found not liable in defamation case

#443
post #400

Earlier quoted context omitted.

That doesn't mean what you think it means.

No? Jessop v. City of Fresno is worth a peek. https://law.justia.com/cases/federal/appellate-courts/ca9/17... > The panel held that at the time of the incident, there was no clearly established law holding that officers violate the Fourth or Fourteenth Amendment when they steal property seized pursuant to a warrant. For that reason, the City Officers were entitled to qualified immunity.

That's not exactly consistent with the given scenario. Use of force issues tend to have much better case law at both the federal and state levels than property related issues.

Re: Afroman found not liable in defamation case

#444
post #69
post #64

I know things are bad in the USA right now, but news like these show that you still have your basic rights. This kind of song would not fly in any other country on Earth. No other country has Freedom of Speech laws strong enough to defend against insulting the police. There have been some people abusing their freedom in recent times cough Kanye cough , but for every loud nazi there are ten more excellent people whose…

This wasn’t a 1A case, it was a civil defamation suit. He won because they failed to prove defamation, NOT because the judge threw out the lawsuit because of a violation of constitutional rights. Separately: saying something shitty or unpopular that you disagree with isn’t someone abusing their rights to free expression. Expressing unpopular viewpoints that others consider abusive is exactly the point of such rights.…

> Germany sometimes bans entire political parties

You make it sound like Germany bans political parties every other year.

Germany formally only ever banned two parties:

- Socialist Reich Party (SRP), 1952 - Communist Party of Germany (KPD), 1956

For context: The Federal Republic of Germany was founded in 1949.

There are current discussions about banning - or evaluating a potential ban of - the Alternative für Deutschland (AfD). If the ban went through (I think it won't), it would be the first in 70 years.

Re: Afroman found not liable in defamation case

#445
post #396

Earlier quoted context omitted.

I don't think that's fair. He asked about statistical defensibility (implies an entire dataset) and was handed something that definitely does not qualify. What was provided certainly makes it clear that it's a reasonable thing to wonder about but it doesn't (at least I don't think) rise to the level of actually supporting the claim in question.

> statistical defensibility Requesting an arbitrarily high standard doesn’t create any obligation. Evidence of a high standard does.

There's no obligation in either direction in this context (idle chitchat) unless of course you care to convince someone of something.

He objected to what was provided and you accused him of ignoring evidence. I'm voicing agreement with his objection. The original claim was one of a statistical nature. Thus any purported evidence should be expected to match.

Re: Afroman found not liable in defamation case

#446

Earlier quoted context omitted.

[flagged]

The Snopes article is useful. For those who don’t want to read it, here is what Grossman says about that quotation: > That clip took my entire, full day presentation, and took it completely out of context. -They left out the part where I say that this is a normal biological, hormonal backlash from fight-or-flight (sympathetic nervous system arousal) to feed-and-breed (parasympathetic nervous system arousal) that can…

I don’t see why any of those should be exonerating?

Also, I feel like “nothing wrong if it does happen” regarding shooting someone, is the wrong perspective. If shooting someone is necessary, then it is necessary, but that doesn’t mean nothing went wrong. Anytime someone gets shot is a time something has gone wrong.

Re: Afroman found not liable in defamation case

#447

Earlier quoted context omitted.

Myself and most other programmers I know have at least once (more like 100 times) had the experience where you can't figure something out in some code you've been staring at for an hour, then another person comes along and immediately sees an obvious glaring error that you missed. I can only imagine the same thing happens in newsrooms with text, especially when it is visibly very similar, like "2002" and "2022."

Newspapers used to have copyeditors for this kind of thing. I thought NYT still did.

They do and yet they also can make errors

Re: Afroman found not liable in defamation case

#449
post #360

Earlier quoted context omitted.

I cannot imagine living in a place where I can't tell someone what I think of them once in a while.

You can tell them they are doing a shameful job or that you disagree with their actions or whatever. You just can't _insult_ them like a 6 year old on a playground. Why is the ability to do so valuable to you?

It is viscerally against my cultural upbringing for the government to make illegal a verbal insult, it seems like an incredible overreach. I'm genuinely culture shocked hearing this. I'd be no more shocked hearing that it's illegal to dye one's hair.

Re: Afroman found not liable in defamation case

#450

Earlier quoted context omitted.

No? Jessop v. City of Fresno is worth a peek. https://law.justia.com/cases/federal/appellate-courts/ca9/17... > The panel held that at the time of the incident, there was no clearly established law holding that officers violate the Fourth or Fourteenth Amendment when they steal property seized pursuant to a warrant. For that reason, the City Officers were entitled to qualified immunity.

That's not exactly consistent with the given scenario. Use of force issues tend to have much better case law at both the federal and state levels than property related issues.

https://www.generalservices.state.nm.us/wp-content/uploads/9...

> Corbitt v. Vickers, 929 F.3d 1304 (11th Cir. 2019): Qualified immunity granted for officer who, hunting a fugitive, ended up at the wrong house and forced six children, including two children under the age of three, to lie on the ground at gunpoint. The officer tried to shoot the family dog, but missed and shot a 10-year-old child that was lying face down, 18 inches away from the officer. The court held that there was no prior case where an officer accidentally shot a child laying on the ground while the officer was aiming at a dog.

> Young v. Borders, 850 F.3d 1274 (11th Cir. 2017): Qualified immunity granted to officers who, without a warrant, started banging on an innocent man’s door without announcing themselves in the middle of the night. When the man opened the door holding his lawfully-owned handgun, officers opened fire, killing. One dissenting judge wrote that if these actions are permitted, “then the Second and Fourth Amendments are having a very bad day in this circuit.”

> Estate of Smart v. City of Wichita, 951 F.3d 1161 (10th Cir. 2020): Qualified immunity granted for officer who heard gunshots and fired into a crowd of hundreds of people in downtown Wichita, shooting bystanders and killing an unarmed man who was trying to flee the area. The court held that the shooting was unconstitutional but there was no clearly established law that police officers could not “open fire on a fleeing person they (perhaps unreasonably) believed was armed in what they believed to be an active shooter situation.”

(And a bunch of others.)

And a matching case has to be very specific:

> Baxter v. Bracey, 751 F. App’x 869 (6th Cir. 2018): Qualified immunity granted for officers who sent a police dog to attack a man who had already surrendered and was sitting on the ground with his hands in the air. The court held that a prior case holding it unconstitutional to send a police dog after a person who surrendered by laying on the ground was not sufficiently similar to this case, involving a person who surrendered by sitting on the ground with his hands up.

"No clearly established law", my ass.

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