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Alex Jones told to pay $965M damages to Sandy Hook victims' families

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Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#671

Earlier quoted context omitted.

I accept that the jury labeled the amount as compensatory damage. But it is obviously the case that that amount of damage was not dealt. Nobody involved had a reputation that was worth $100 million dollars.

> reputation Very probably the matter is not with reputation. What seems to be more plausible instead is: -- the victims having had an angry mob risen against them (and of course in the context of having suffered a diremost loss); -- the responsible having financially exploited the situation.

> the responsible having financially exploited the situation.

This has nothing to do with the lawsuit. It's not a defamation claim; it's not a damages claim. You'd have to make a claim for unjust enrichment.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#672

Earlier quoted context omitted.

> If only one parent had sued, we wouldn't be batting an eyelash at the resulting damages. This is not really a convincing response to my comment on the per-family damages: >> Nobody involved had a reputation that was worth $100 million dollars. You can't lose value you never had. > How disruptive would it be to my life if that happened to me? Over how many years? However disruptive it was, the damages could not reac…

"You can't lose value you never had" isn't a coherent argument. People are routinely awarded damages far greater than their net worths for all sorts of torts. By the logic you're using, if I go to Starbucks and steal the eyeballs out of the barista, I'm only asymptotically on the hook for a lifetime's worth of barista earnings.

You'd also be on the hook for the costs of any associated medical care, seeing eye dogs, etc. I believe I mentioned this:

>> damages could not reach $100 million unless you either (a) spent $100 million dealing with the disruption

You would additionally have some criminal liability, but that doesn't affect damages.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#673
Purdue was recently ordered to pay 600 million for their role in getting large swaths of America addicted to Oxy.

Alex Jones just got ordered to pay nearly a billion for playing a character on an online TV show.

Let that sink in.

Love em or hate em, a billion dollars is absurd.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#674

Earlier quoted context omitted.

"You can't lose value you never had" isn't a coherent argument. People are routinely awarded damages far greater than their net worths for all sorts of torts. By the logic you're using, if I go to Starbucks and steal the eyeballs out of the barista, I'm only asymptotically on the hook for a lifetime's worth of barista earnings.

You'd also be on the hook for the costs of any associated medical care, seeing eye dogs, etc. I believe I mentioned this: >> damages could not reach $100 million unless you either (a) spent $100 million dealing with the disruption You would additionally have some criminal liability, but that doesn't affect damages.

I think you'd find --- criminal liability aside --- that you'd be on the hook for more than the lifetime earnings of a Starbucks barista and the cost of medical care and a seeing eye dog.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#675

Earlier quoted context omitted.

> reputation Very probably the matter is not with reputation. What seems to be more plausible instead is: -- the victims having had an angry mob risen against them (and of course in the context of having suffered a diremost loss); -- the responsible having financially exploited the situation.

> the responsible having financially exploited the situation. This has nothing to do with the lawsuit. It's not a defamation claim; it's not a damages claim. You'd have to make a claim for unjust enrichment.

You sound very sure of this, but I am less sure. Disgorgement is a remedy, in US law, for torts in general. Damages are especially constrained in defamation claims, because of the first amendment, but defamation is just one of five claims against Jones, all of which he was found guilty of --- intentional and negligent infliction of emotional distress, false light invasion of privacy, and, most notably, violating the Connecticut Unfair Trade Practices act.

I'm not saying I'm sure these numbers will hold up (punitive damages under CUTPA are uncapped, though!), but I think the story about how the jury could have reached these numbers is a lot more complicated than you're making it out to be.

In particular:

(1) It's not just defamation.

(2) You do not in fact need to make a "claim for unjust enrichment" to recover profits earned through an intentional tort.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#676
post #670

Earlier quoted context omitted.

Imagine being accused of murdering someone. You ask for a jury trial. The prosecution asks you to turn over the murder weapon. You plead that you don't have the murder weapon because you are innocent. The judge tells you you have 5 days to turn over all the knives you ever bought. You don't, because you don't know where some of them are. The judge doesn't believe you. The Dystopian Part: The Judge finds you guilty of…

But that would be a criminal trial. This was a civil trial. I'm not even American and I understand the difference! The two processes work completely differently, and comparing them like this doesn't make sense. As to the points you've made: * Default judgment: If you repeatedly do not show up for a trial, then at a certain point the trial needs to still continue. You should not be able to indefinitely put off a case…

I make the comparison because the judge denied Alex a jury trial, based on him not turning over evidence, and not him missing court dates. Some of the evidence he failed to turn over is financial data. The argument made was that the lack of this evidence would prejudice the jury from finding Alex guilty. The judge sided with the prosecution on this so she defaulted him. Specifically the prosecution was making the argument that Alex would see his google analytics go up when he talked about Sandy Hook, and responded to it. While plausible, it hasn't really been proven that he ever even looked at his google Analytics. He blabbers on like a radio talk show host. As a percentage of all he said, Sandy Hood was a very small part of his coverage.

This gets even more murky because the financial evidence, such as his earning, is relevant to damages, and not really to guilt. And really, in the end the prosecution was able to estimate his earnings by expert testimony during the damages portion. So was it actually critical. Yet Alex was found guilty based on failing to provide it. And if it was critical, at most it established damages, not guilt.

Also, can you imagine how much the prosecution is prejudiced in a criminal trail where the defendant fails to hand over the murder weapon. Yet a jury trail is still allowed proceed.

* Default Judgment:

I'm not aware of Alex missing any days where he needed to be there pretrial. He sat through 10 days of depositions. Any specific articles you can link where he missed a pre-trial date he had to be there for?

* Not having evidence. a) What does genuinely contested really mean? b) That did not happen. The prosecution found an email with an attached screenshot containing a keyword. This was the gotcha moment in his previous trial. Just very dubious. Since attached screenshots are not easily searchable for keywords, and could have been easily missed without any malice by his lawyer.

* Jones was never allowed to take part in a "take part in the trial that would have determined whether he was guilty or not". Every interview on the subject, Jones decries not being allowed do process. He wanted to be able to state facts of his case to a jury, his lawyers wanted to make constitutional arguments to the jury, and so on.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#677

As someone who's been closely following the Infowars/Free Speech Systems trials (watched all the depos, trial footage, etc.), all I can say is that I'm glad these families are finally getting justice. Even though I'm sure it'll be tied up in appeals for awhile (and reduced on appeal), hopefully it'll prevent future harassment campaigns against families when tragedies occur. And before anyone says "but why wasn't Jone…

The judge threatened to throw Alex in jail for saying he was innocent to the jury. You can't really get more dystopian than that. Imagine if that happened during your own trial, what would you do? Would you still want to testify. There were a few other things the judge barred him from saying during his testimony, yet the prosecution spent days talking about them. How is that even remotely fair. Ridiculous verdict fro…

> what would you do?

I would get a decent lawyer who knows the rules of evidence.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#678

Earlier quoted context omitted.

Incitement is not defamation. He was not sued for "incitement", he was sued for defamation. To prove defamation, you need to prove that someone lied about you, and that those lies caused material harms. You saying "Trump is a murderous liar" is largely fine because: - A reasonable reader, familiar with the context of the place you are writing, would understand that you aren't making a factual claim that Trump murdere…

Doesn't "you" imply that "you" were actually named. If a politician says the unvaccinated are terrible people for spreading the disease. Then it's proved that the vaccine did not stop transmission. Do they owe billions to these people.

> Doesn't "you" imply that "you" were actually named.

No, defamation doesn't require you to specifically be named. It's enough for them to be identified with enough specificity that they are harmed.

> If a politician says the unvaccinated are terrible people for spreading the disease

There are two claims in the phrase "the unvaccinated are terrible people for spreading disease".

The first claim, that they are terrible people, is not a statement of fact, but is rather an opinion. There is no factual, objective, way to determine whether someone is "a terrible person". So that part would not create the potential for liability.

The second claim "the unvaccinated are spreading disease" _could_ potentially be defamatory, but truth would be an absolute defense. The truth also doesn't have to be _perfect_ so long as it's "correct in the main". First, note that the claim "the unvaccinated are spreading disease" is still true even if the vaccinated are also spreading disease. So, your defamation claim would need to first convince the jury that the implication of the statement is "the unvaccinated are spreading disease *more than the vaccinated*". I think that implication is there, but it's a little more tenuous of a claim. Second, I don't think there would be any liability, since the vaccine has some efficacy. To defend against the defamation claim, it would be sufficient to show that the vaccine has any significant efficacy. You wouldn't need to demonstrate that the vaccine has perfect efficacy. The vaccine does have efficacy against COVID-19, so I think a defamation claim would fail here.

Finally, you'll need to go to the harms. It's going to be very difficult to demonstrate significant harm to any individual unvaccinated person, when the group includes 100M people. The harm is going to be _very_ diffused, and I think it would be difficult to demonstrate any economic harm.

So, on balance, I think a politician would still be very safe making the statement you suggested, even in light of the fact that a person doesn't need to be specifically named to press a defamation claim.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#679

Earlier quoted context omitted.

>Say the wrong words and get financially destroyed for ever... This is an incredibly disingenuous take on Jones' actions here. Edit: For additional context, OP has a history of direct ties to conspiracy theories, Project Veritas, etc.. See: their profile.

Perhaps it's cynical rather than disingenuous. ~30% of people derive more satisfaction from seeing someone worse off than they do from mutual benefit - not even a zero-sum mindset, but a negative-sum one because such people are willing to incur a loss as long as it correlates with someone else experiencing a greater loss. Put this depressing fact together with a highly networked communications infrastructure, and you…

It's disingenuous because it entirely misrepresents what happened.

Re: Alex Jones told to pay $965M damages to Sandy Hook victims' families

#680
post #486

Earlier quoted context omitted.

> If nutjob A makes a defamatory statement about you, but doesn't tell anyone to do anything, and then nutjob B harasses you after hearing what nutjob A said, nutjob B is the one who is legally responsible for the harassment. Nutjob A is responsible for the defamation, but not for what other nutjobs might decide to do. Courts and jurors are completely fine with finding that the behavior of nutjob B (and C and D and E…

> Courts and jurors are completely fine with finding that the behavior of nutjob B (and C and D and E and F) that are predictable from the defamation are part of the damages associated with the defamation. Do you have any actual cases where that was the ruling?

I mean, it's basically the very core of the typical harms that arise from defamation.

Almost always the economic harms that arise from defamation are the result of third parties responding to the defamatory content. If you couldn't incorporate the actions of third parties into the calculation of economic harm, then there would almost never be economic harm from defamation.

As for specific court cases, take a look at Gibson Bros., Inc v. Oberlin College. A jury awarded Gibson's Bakery $11M in compensatory damages (and another $33M in economic damages). Of the compensatory damages, Gibson had argued that, among other things Oberlin college should be responsible for the damages arising from:

"They blamed Oberlin for repeated vandalism and property damage and for Grandpa Gibson breaking his back while investigating the source of someone pounding on his apartment door in the middle of the night"

https://www.supremecourt.ohio.gov/rod/docs/pdf/9/2022/2022-O...

Two other examples, of course, would be the recent Alex Jones cases in TX and CT where the same reasoning also let to economic damage awards...

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