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Does Schiano Have a Libel Case Against Clay Travis?
Posted on 11/27/17 at 7:27 am
Posted on 11/27/17 at 7:27 am
Not a lawyer, so I don't know. OKTC and Travis specifically are crowing about spearheading this takedown. I wonder if there are any civil implications.
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Posted on 11/27/17 at 7:30 am to VoxDawg
Tony Basillo also played a big role in the social media backlash. Go watch his podcast from last night. Dude was melting down and calling GS a pedo.
Posted on 11/27/17 at 7:33 am to VoxDawg
No. Travis would have had to make knowingly false statements. The problem is nobody knows
worthy
Posted on 11/27/17 at 7:34 am to VoxDawg
Would have to prove it. That means proving the allegations were false. That means trying to litigate a nasty pedophile case.
So, VERY UNLIKELY that Schiano does shite. He knew something. Everyone at PSU knew something... maybe just knew the rumors or maybe they heard other coaches or boosters talking about it. He knew something.
Schiano ought to have enough sense to realize he is lucky to have a job at Ohio State now. Lucky to have a coaching job period.
So, VERY UNLIKELY that Schiano does shite. He knew something. Everyone at PSU knew something... maybe just knew the rumors or maybe they heard other coaches or boosters talking about it. He knew something.
Schiano ought to have enough sense to realize he is lucky to have a job at Ohio State now. Lucky to have a coaching job period.
This post was edited on 11/27/17 at 7:39 am
Posted on 11/27/17 at 7:37 am to LSUtoOmaha
He has to make false statements with an intent to harm Schiano's reputation or livelihood. He doesn't have to know the statements are false, they just have to be false.
The second part of this is pretty fricking obvious, so if the statement he made is at all false, then yes, he'll be on the hook for libel.
The second part of this is pretty fricking obvious, so if the statement he made is at all false, then yes, he'll be on the hook for libel.
Posted on 11/27/17 at 7:38 am to VoxDawg
Clay Travis is an enormous dbag. His faux outrage about the penn state crap was transparent.
Posted on 11/27/17 at 7:41 am to dru5
quote:
Clay Travis is an enormous dbag. His faux outrage about the penn state crap was transparent.
Even if everything you say is 100% true and accurate, it is a question of a libel case against Clay Travis. Can't have libel claim without proof of libel. Therefore, there is zero chance of a libel suit.
Posted on 11/27/17 at 7:42 am to dru5
That troll would love nothing more than to get sued by Schiano. No, it would not happen. And, he would have to sue more folks than just Travis. Travis was just the loudest of the mob.
Posted on 11/27/17 at 7:48 am to Tridentds
quote:
Would have to prove it. That means proving the allegations were false.
Ahhhh no.....innocent until proven guilty
Posted on 11/27/17 at 7:49 am to Wtodd
quote:
Ahhhh no.....innocent until proven guilty
Roy Moore says hello.
Posted on 11/27/17 at 7:52 am to Tridentds
quote:
Roy Moore says hello.
I don't disagree at all
Posted on 11/27/17 at 7:59 am to VoxDawg
He is after the school.. and will get paid. Then he might go after the internet trolls for the hell of it. People saying no, don’t understand or read the case. He was cleared
Posted on 11/27/17 at 8:04 am to VoxDawg
No
Posted on 11/27/17 at 8:08 am to Wtodd
quote:
Ahhhh no.....innocent until proven guilty
So who would this standard apply to in a civil suit over libel?
Posted on 11/27/17 at 8:15 am to shinerfan
quote:
So who would this standard apply to in a civil suit over libel?
Seems to be a failure to communicate. Libel is not a criminal matter, so "innocent until proven guilty" doesn't really apply...nor does the standard of proof. "Beyond a reasonable doubt" is replaced with a "preponderance of evidence" or "greater than 50%". It's clear that Clay Travis intended harm...or intended a consequence that he knew would harm Schiano. What is not clear is whether or not there is a preponderance of evidence that Travis' claims were false...in order for that to happen, there would need to be some digging into the Sandusky case again...something Schiano would only do if he were really pissed and really confident in the outcome
Posted on 11/27/17 at 8:20 am to Wtodd
quote:
Ahhhh no.....innocent until proven guilty
This isn't Shciano being charged with child endangerment. This is Schiano theoretically suing Travis and others for defamation. I've only done one defamation case (20 years ago) because they are so damn hard to win.
At least in Texas (Tennessee law is probably similar), my recollection is that, in an ordinary person case, the plaintiff still has to prove that the statement is false--it's not a matter of truth being a defense for the defendant, the plaintiff must prove the statement false. But, Schiano is also a public figure, so he would have the added burden (thanks to the First Amendment) of proving that the defendants made the statement with malice, that is, either with knowledge that the statement was false, or with reckless disregard as to the truth or falsity of the statement.
Given the testimony in the PSU case, Schiano would be a fool to pick at that scab.
Posted on 11/27/17 at 8:22 am to VoxDawg
Will be interesting to see how Ohio State handles this.
Posted on 11/27/17 at 8:26 am to twk
You would think if Sciano were so innocent, he would be suing the pants off McQuery and whoever else said it.
Posted on 11/27/17 at 8:37 am to Wtodd
quote:
Ahhhh no.....innocent until proven guilty
and in this case Travis would be the defendant, dumb arse.
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