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Posted on 11/27/17 at 8:40 am to AUstar
quote:
Tony Basillo
Thin skinned bitch that got rustled by Kentucky fans. Lulz!
Posted on 11/27/17 at 8:45 am to EddieFelson
I believe he has a law degree from Vandy.
Posted on 11/27/17 at 8:49 am to dru5
quote:
Clay Travis is an enormous dbag. His faux outrage about the penn state crap was transparent
He’s the first to argue and champion due process and burden of proof when he’s trying to mock the BLM and SJW outrage, yet when his school makes a hire he doesn’t like, hearsay is proof enough
Posted on 11/27/17 at 8:49 am to Killean
Schiano would be regarded as a “public figure.” Therefore he would have to prove that the statement was made with “malice,” knowing that the statement was false or made with reckless disregard of the truth. Given that there was sworn testimony that Schiano knew of Sandusky’s conduct, whether the statement was hearsay or not, it is unlikely that Schiano could prove knowledge of falsity or even reckless disregard of the truth. He will not sue. If he does, he will lose.
Posted on 11/27/17 at 9:26 am to VoxDawg
quote:
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.
Under this logic every fan of every school that ever said anything bad about a potential coaching hire would be able to be sued for libel. It's a fact McQueary testified under oath that another coach told him Shiano saw Sandusky with a boy. And yes I know it's hearsay.
Posted on 11/27/17 at 9:51 am to XenScott
quote:
You would think if Sciano were so innocent, he would be suing the pants off McQuery and whoever else said it.
McQuery said in the course of a court case, and would have qualified immunity.
Posted on 11/27/17 at 9:59 am to twk
Also important is the fact that Schiano is up for a job that would make him an employee of the state. That will change the dynamic as well.
Posted on 11/27/17 at 10:05 am to Wtodd
You are an idiot
Posted on 11/27/17 at 10:12 am to VoxDawg
If they werent true, dont you think Schiano wouldve sued Mcquery for his testimony already? Get real, he knew what was going on. Vol fans did the right thing.
Posted on 11/27/17 at 10:18 am to VoxDawg
I haven't given it any real thought, but a tortious interference claim might be a better legal avenue for Schiano than libel. However, with Travis being a member of the media, I doubt that claim gets anywhere.
Posted on 11/27/17 at 10:21 am to LSUtoOmaha
quote:
No. Travis would have had to make knowingly false statements.
Not at all..
An oral statement can be defamatory on its face if Travis charged Schiano with a crime...and failure of a school official to report child abuse is most definitely a crime.
"If a statement is not defamatory on its face, but nonetheless under all circumstances is defamatory, plaintiff must establish that he or she has sustained special damages in order to also recover general damages."
In other words, Schiano could claim that Travis's and Basilio's statements were defamatory on its face and he wouldn't even have to prove damages.
LINK
Posted on 11/27/17 at 10:21 am to TigahJay
quote:
If they werent true, dont you think Schiano wouldve sued Mcquery for his testimony already? Get real, he knew what was going on. Vol fans did the right thing.
One giving testimony in a court proceeding, including a deposition, has a privilege of immunity as long as the testimony relates to the court proceeding.
Posted on 11/27/17 at 10:27 am to logjamming
quote:
He’s the first to argue and champion due process and burden of proof when he’s trying to mock the BLM and SJW outrage, yet when his school makes a hire he doesn’t like, hearsay is proof enough
Agree with this. I usually agree with Clay on his championing against faux outrage, but he is guilty of it here.
He didn't like the hire his team was going to make, so he purposely initiated the sentiment that GS was somehow complicit to the Penn State issues.
I am disappointed in Clay TBH.
Posted on 11/27/17 at 10:42 am to VoxDawg
Nope.
Schiano is a public figure. He would have to prove that Travis *knew* what he was alleging was factually untrue but said it anyway. The "malice" standard for public figures is extremely high.
It would be a waste of Schiano's time and money.
Schiano is a public figure. He would have to prove that Travis *knew* what he was alleging was factually untrue but said it anyway. The "malice" standard for public figures is extremely high.
It would be a waste of Schiano's time and money.
Posted on 11/27/17 at 10:46 am to BamaGradinTn
quote:
An oral statement can be defamatory on its face if Travis charged Schiano with a crime...and failure of a school official to report child abuse is most definitely a crime.
This isn't complicated. It's in the public record that McQueary alleged Shiano knew Sandusky. He testified to it under oath. Victim number 4 testified that the person who told McQueary about that incident (Bradley) himself saw Sandusky and victim number 4 in the shower. Clay Travis isn't making something up or reporting something for the first time. He's literally citing court documents that were unsealed a year ago.
Citing sworn testimony under oath can in no way shape of form be prosecuted for libel. How is this hard to understand?
Posted on 11/27/17 at 12:26 pm to BamaGradinTn
Accusations of someone being “unfit” for his or her job or trade........isn't this also libel on its face?
Posted on 11/27/17 at 12:27 pm to the_watcher
Not only that, but the face argument is not going to work in this case; coaches are literally accused of being unfit for their jobs every hour. Should Butch Jones sue, too?
Posted on 11/27/17 at 12:44 pm to CidCock
Isn't the subtext on Travis' part here not only that Schiano is unfit for the UTk job at HC, but Travis is trying to get him fired for his current gig, too?
Where was this outrage when he moved to Columbus? Better yet, when did this information come to light while he was at Rutgers?
Where was this outrage when he moved to Columbus? Better yet, when did this information come to light while he was at Rutgers?
Posted on 11/27/17 at 12:46 pm to Tridentds
quote:Ohio State fans need to handle their business.
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.
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