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re: This stupid Ole Miss / Rebel rags lawsuit

Posted on 6/14/17 at 11:37 pm to
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 6/14/17 at 11:37 pm to
re - actual malice you say is required. Maybe you are using Alabama law?

In Mississippi, "public figures have a harder time proving slander or libel because they’re required — by law — to meet the “actual malice” proof standard, whereas “private citizens” only must prove negligence on the part of the defendant."

And, if you want actual malice, did you see Leo's post the day Ole Miss was served with NOA#2. Priceless. Leo's attorney kicked Leo in the arse for that stunt.
Posted by bamasgot13
Birmingham
Member since Feb 2010
13619 posts
Posted on 6/15/17 at 9:41 am to
quote:

In Mississippi, "public figures have a harder time proving slander or libel because they’re required — by law — to meet the “actual malice” proof standard, whereas “private citizens” only must prove negligence on the part of the defendant."

That's not just in MS. I would say that NYT Co v Sullivan Supreme court decision about public figures and press would be used as part of an argument on public figures suing for defamation in any state.

I agree that in the RR case negligence is likely the standard, but to successfully win on Defamation, I still maintain RR is going to have to PROVE the statements were knowingly false. The burden is on plaintiff and it won't be an easy one to meet.
Posted by MedDawg
Member since Dec 2009
4476 posts
Posted on 6/15/17 at 12:55 pm to
quote:

And, if you want actual malice, did you see Leo's post the day Ole Miss was served with NOA#2. Priceless. Leo's attorney kicked Leo in the arse for that stunt.



The Dark Knight gif? OM was ridiculous to include that in their response. LL wrote NOTHING with the gif to tie that to OM. It's just the Joker clapping. Maybe if his previous or following tweets on that same day implied that the gif was against OM. Otherwise, it's just meaningless to try to use that as any kind of evidence.
This post was edited on 6/15/17 at 1:14 pm
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