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re: Bham News: Malzahn "frustrated" at Chizik meddling/UA law grad made Kristi video
Posted on 12/15/11 at 9:35 am to allin2010
Posted on 12/15/11 at 9:35 am to allin2010
quote:
More BAMMER myth.. the NTY foundation did not out Ttown's Menswear... You can thank Tuna and his thread for that... It was SBB and Clay Travis...
Funny how I saw it on their website way before Clay posted on his.
2
Posted on 12/15/11 at 9:36 am to DvlsAdvocat
quote:
And there you have it. You have reached the correct answer.
i've never stated that she wasn't at fault, and have grouped her with this fella.
do you think he acted responsibly?
Posted on 12/15/11 at 9:38 am to allin2010
quote:
This was not a parody of Gus, that would have been fair game... But yes they felt the Bammers were over the top...
As neither a Bama or Auburn fan, this is the issue to me. Attack the coach - they are used to it. Tearing his wife apart is out of bounds, in my opinion. She was sharing her views in a church. Should she have been more careful? Yes. Was she judgmental? Absolutely. But, sometimes you just let things go. There is no need for this crap. It is just a game.
Posted on 12/15/11 at 9:38 am to WDE24
quote:
What legal action would she pursue?
Then what are you arguing exactly? The whole point of saying she's a public figure is that there was no invasion of privacy and no defamation committed against her by posting that video. I would think that would be the reason you've decided to split hairs of whether or not she's a public figure or not in this case.
If this video actually affected Gus getting a better job this off-season, if the editing was actually as misleading as you all say that it is (it's not,) and if she wasn't actually appearing in a public forum as a public figure as a coach's wife for Auburn University, then I could see some kind of defamation or privacy claim, but as it is...
...she was appearing as a representative of Auburn, marketing herself as a "coach's wife" in a public setting and the video is mostly just footage of stupid shite coming out her mouth. Glad the guy put it online, not only 100% legal, but it's really, really funny. What an idiot!
Posted on 12/15/11 at 9:39 am to piggidyphish
quote:
do you think he acted responsibly?
Responsibly? Responsibly?? He didn't out a CIA agent or do something that endangered children's lives. He made a hilarious video of a woman's own comments.
This is the standard fare on youtube...along with cat videos and people falling on their skateboards.
This post was edited on 12/15/11 at 9:40 am
Posted on 12/15/11 at 9:39 am to beatbammer
quote:
But I'm betting that HEAD Coach Gus Malzahn of Arkansas State University won't hesitate to "meddle" with his defensive coordinator if he feels the need. Do you agree?
Completely agree. Nothing wrong with the boss telling his employees what to do. Saban does this to his assistants a ton and his assistants are not exactly known to stick around a long time. The issue is not if meddling is bad. The issue is if meddling made Gus unhappy and the fact that Chizik may no longer be the passive coach we once thought he was.
Posted on 12/15/11 at 9:41 am to Lg
quote:
Funny how I saw it on their website way before Clay posted on his.
No you didn't. I just did a quick search, and the first they referenced it was a week after Clay Travis' first article.
Posted on 12/15/11 at 9:41 am to DvlsAdvocat
so you have no opinion as to if he acted responsibly is what i'm to understand?
Posted on 12/15/11 at 9:41 am to I-59 Tiger
quote:eh its easy for him to claim that but if terry got up and did something crazy and a au fan did the same slight editing shite would hit the fan.
Something tells me,though ,if the situation were reversed you'd have a problem. I absolutely would have a problem Well,at least you're honest about it.
Posted on 12/15/11 at 9:42 am to WDE24
quote:
ETA: Black's defines a public figure as a person who has achieved fame or notoriety or who has voluntarily become involved in a public controversy.
I think a judge would rule her a public figure if she were to sue for libel or slander.
Posted on 12/15/11 at 9:42 am to heartbreakTiger
I think Satchel may be Harvey Updyke himself. 
Posted on 12/15/11 at 9:42 am to WDE24
quote:
FWIW, this video was a bit different that the the Fark board. This guy wasn't making a parody as he claims, he was just trying to make Kristi (and Gus and AU by association) look as bad as possible in a somewhat (though not totally) misleading way. Mission accomplished. People made a big deal about it for some reason.
You only have to read his captions to know his intent was not parody, but to cause as much damage and harm as possible to Gus and Auburn.
The nonsense happening with intent to hurt both universities by the actions of fans is beyond rational. Why can't we have a civil rivalry where we cheer like wild banshee's for our teams, but after a beating or victory offer congrats, a little smack talk, and then be on our way?
Oh well I'm afraid this will continue to spiral and be an even more tragic story in the future.
Posted on 12/15/11 at 9:44 am to WDE24
quote:
I have been paid to speak at an event where people paid to attend. i am a long way from a public figure.
In a legal context, if controversy arose out of your statements at the event you were paid to speak at, you would be considered a public figure in that controversy.
Posted on 12/15/11 at 9:45 am to RockyMtnTigerWDE
quote:
but to cause as much damage and harm as possible to Gus and Auburn.
If this were true, it would constitute 'actual malice' and they could sue him for defamation even though she is a public figure in this context. But it's not, so they're not.
Pretty obvious that he posted it because they were really controversial comments that we would all spend weeks talking about. That's the internet for ya.
This post was edited on 12/15/11 at 9:46 am
Posted on 12/15/11 at 9:45 am to I-59 Tiger
there are a few possible uncle harveys posting here
Posted on 12/15/11 at 9:46 am to TideSatchel
quote:I wasn't splitting hairs, I merely informed the poster that he was mistaken about a fact and others decided to make it an argument.
Then what are you arguing exactly? The whole point of saying she's a public figure is that there was no invasion of privacy and no defamation committed against her by posting that video. I would think that would be the reason you've decided to split hairs of whether or not she's a public figure or not in this case.
quote:Then I guess you don't know much about the those legal claims. All that matters is that she had no expectation of privacy and there was no defamation. Simply taking something slightly out of context is not likely sufficient to support a claim of defamation and certainly not worth the time and expense of bringing the claim.
If this video actually affected Gus getting a better job this off-season, if the editing was actually as misleading as you all say that it is (it's not,) and if she wasn't actually appearing in a public forum as a public figure as a coach's wife for Auburn University, then I could see some kind of defamation or privacy claim, but as it is...
Posted on 12/15/11 at 9:46 am to TideSatchel
quote:Please tell me you aren't a lawyer.
If this were true, it would constitute 'actual malice' and they could sue him for defamation even though she is a public figure in this context. But it's not, so they're not.
Posted on 12/15/11 at 9:47 am to WDE24
Ok, I'm not a lawyer.
Posted on 12/15/11 at 9:47 am to Monticello
quote:Unlikely, unless I was inserting myself into an already public controversy (immigration reform, abortion, etc.).
In a legal context, if controversy arose out of your statements at the event you were paid to speak at, you would be considered a public figure in that controversy.
This post was edited on 12/15/11 at 9:50 am
Posted on 12/15/11 at 9:49 am to NorthGwinnettTiger
quote:
No you didn't. I just did a quick search, and the first they referenced it was a week after Clay Travis' first article
Don't know about the rest, but I find it hard to believe it took a week to get to ITAT.
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