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Harry[_5_]

wrote in message
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"nom=de=plume" wrote in
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"jps" wrote in message
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On Tue, 3 Aug 2010 04:34:05 +0000 (UTC), wrote:

jps wrote in
m:

On Sat, 31 Jul 2010 06:22:42 +0000 (UTC),
wrote:

jps wrote in
news:fs0556hdbf63vpsh4hefqnbudfbbr43v2j@4ax. com:

On Thu, 29 Jul 2010 22:37:20 -0400,
wrote:

On Thu, 29 Jul 2010 17:32:29 -0700, jps

wrote:

Breitbart is an asshole who should get his ass kicked but
I
imagine he
will win on first amendment grounds.

She's not a public figure and he targeted her specifically
and
unfairly characterized her in order to cause her harm.

That isn't protected under the 1st amendment.

Ha Ha, you poor dumb lame armchair lawyers. It will never
get to
1st amendment, malice or anything else. Truth is complete
defense
to liable. Nothing he posted was untrue. The video was not
edited, it was truncated. There is a huge difference. He
showed
part, but the part he showed was real. She said those
remarks,
and if she took them back five minutes later, that's her
problem.
And she admitted to being a racist when she met the farmer.
Maybe
she reformed, but again, too bad. And then there is the
opinion
defense which probably protects his written comments about
her
being a racist. And BTW, who the **** cares if she was a
public
figure when she made he speech, the question is, is she a
public
figure when the alleged libel was committed. If you're a
public
figure, the media can print stories that you cheated in 2nd
grade
with relative impunity (Bush snorted coke back in college
and
deserted the National Guard. BTW, did Dan Rather ever half
to pay
Bush on that one?) If you have any reason to believe it to
be
true, even if not, and the "victim" is a public figure, the
public figure is screwed.

Is Shirley Sherrod a public figure? HA! not even debatable.
Of
course she is! She's an appointed government official who's
fitness for her position, not to metion whether she broke
federal
law by discriminating, has been called into question.

This guy has so many defenses, the only issue is if he can't
get
backers and she buries him in legal fees. Otherwise, when
the day
is done, maybe on appeal, he wins hands down. You may hate
him, I
don't particularly like him, but don't kid yourself, he gets
off.

Speaking of armchair lawyers, your rap sounds like it comes
directly from the comforts of a barcalounger.

He intended to libel her by presenting the purposefully
edited tape
and then characterizing her actions as racist when he knew
full
well there was more to the story.

It's not the editing job alone that hangs him by the balls,
it's
the whole package of mischaracterization and libel.

I do have a very nice recliner, but that doesn't negate the
fact that
I am a real live lawyer with a
degree and eveything. I even passed the bar almost 30 years
ago. You
should be able to tell I'm a lawyer
from my arrogant attitude and didactic tone. Anyway, whether
he
intended to libel her or not simply
doesn't matter if he never committed liable in the first
place. Bar
exam question: What are the elements
of libel? Answer:

1.A false and defamatory statement concerning another;
2.The unprivileged publication of the statement to a third
party;
3.If the defamatory matter is of public concern, fault
amounting at
least to negligence on the part of
the publisher; and
4.Damage to the plaintiff.

If you don't get past the first element, then nothing else
matters.
So, tell me, where is the "false
statement?"

Please tell us what type of law you've practiced for the past
30
years? Real estate?

I can answer that: zero type of law.

You better watch out, you are libeling me! And I'm pretty sure
I'm not a public figure;-)Please, please tell my boss I'm not a
lawyer. I'm sure he'd fire me without any investigation or even
asking me for an explanation, based on your say so, and then I
can sue you for big damages and finally retire. And I can cite
your own arguments against you just by googling these posts! Oh
boy oh boy, pleeeeeeeze.

In your professional opinion, do you think Plume is lying about her law
degree?