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PostPosted: Tue Dec 05, 2023 1:54 pm 
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This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.

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PostPosted: Tue Dec 05, 2023 1:55 pm 
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denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


In a headdress and at least some blackface, both of which are social taboos.

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PostPosted: Tue Dec 05, 2023 1:56 pm 
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If I had to guess, I believe legally there has to be malice or intent to harm in the comment. I doubt that would be provable. But would you want this in front of a jury?

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PostPosted: Tue Dec 05, 2023 1:57 pm 
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Joe Orr Road Rod wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


In a headdress and at least some blackface, both of which are social taboos.


Yeah I get it. But the outfit matches the team he is rooting for.

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PostPosted: Tue Dec 05, 2023 2:05 pm 
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denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


settling a claim requires the defendant to have money. We're talking Deadspin here, what are they gonna do, offer up Julie's closet of muslim cricket gear?

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PostPosted: Tue Dec 05, 2023 2:09 pm 
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denisdman wrote:
Joe Orr Road Rod wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


In a headdress and at least some blackface, both of which are social taboos.


Yeah I get it. But the outfit matches the team he is rooting for.


Is it really "blackface" if only half of your face is black?

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PostPosted: Tue Dec 05, 2023 2:09 pm 
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shakes wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


settling a claim requires the defendant to have money. We're talking Deadspin here, what are they gonna do, offer up Julie's closet of muslim cricket gear?



I thought about that too. Maybe this will take out Deadspin the way Hulk Hogan and Peter Thiel took out Gawker.

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PostPosted: Tue Dec 05, 2023 2:10 pm 
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Tall Midget wrote:
denisdman wrote:
Joe Orr Road Rod wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


In a headdress and at least some blackface, both of which are social taboos.


Yeah I get it. But the outfit matches the team he is rooting for.


Is it really "blackface" if only half of your face is black?



It's Mulattoface.

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PostPosted: Tue Dec 05, 2023 2:10 pm 
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Joe Orr Road Rod wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


In a headdress and at least some blackface, both of which are social taboos.

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PostPosted: Tue Dec 05, 2023 2:11 pm 
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shakes wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


settling a claim requires the defendant to have money. We're talking Deadspin here, what are they gonna do, offer up Julie's closet of muslim cricket gear?


Perhaps they could provide one of Julie's t-shirts so the kid could use it to build a teepee.

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PostPosted: Tue Dec 05, 2023 2:11 pm 
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Tall Midget wrote:
denisdman wrote:
Joe Orr Road Rod wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


In a headdress and at least some blackface, both of which are social taboos.


Yeah I get it. But the outfit matches the team he is rooting for.


Is it really "blackface" if only half of your face is black?

Image

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PostPosted: Tue Dec 05, 2023 2:18 pm 
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Douchebag wrote:
Tall Midget wrote:
denisdman wrote:
Joe Orr Road Rod wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


In a headdress and at least some blackface, both of which are social taboos.


Yeah I get it. But the outfit matches the team he is rooting for.


Is it really "blackface" if only half of your face is black?

Image


Will you stop


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PostPosted: Tue Dec 05, 2023 2:28 pm 
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:lol: :lol:

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PostPosted: Tue Dec 05, 2023 4:55 pm 
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denisdman wrote:
If I had to guess, I believe legally there has to be malice or intent to harm in the comment. I doubt that would be provable. But would you want this in front of a jury?

That’s the standard for celebrities and public figures which this kid isn’t. Actual malice doesn’t need to be shown, but the fact that the guy didn’t name the kid and didn’t center the article on the kid probably gives him and Deadspin enough wiggle room to keep this case from going anywhere.

Had the post not been run through the Online Outrage Machine it would have died a quiet death on a website no one reads.

I also wonder what demonstrable harm the kid has suffered seeing as he’s already being viewed as a hero by MANY who otherwise would have no idea he existed but for the Deadspin post.

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PostPosted: Tue Dec 05, 2023 5:06 pm 
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SpiralStairs wrote:
but the fact that the guy didn’t name the kid and didn’t center the article on the kid

If you don't count a closeup profile shot of the kid being the main picture of the article both on the website and on every social media post Deadspin, as well as every other user, made promoting the article, then yeah, I guess you could argue the piece isn't centered on him.


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PostPosted: Tue Dec 05, 2023 5:19 pm 
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Juice's Lecture Notes wrote:
SpiralStairs wrote:
but the fact that the guy didn’t name the kid and didn’t center the article on the kid

If you don't count a closeup profile shot of the kid being the main picture of the article both on the website and on every social media post Deadspin, as well as every other user, made promoting the article, then yeah, I guess you could argue the piece isn't centered on him.


that's the genius of it.


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PostPosted: Tue Dec 05, 2023 5:30 pm 
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SpiralStairs wrote:
denisdman wrote:
If I had to guess, I believe legally there has to be malice or intent to harm in the comment. I doubt that would be provable. But would you want this in front of a jury?

That’s the standard for celebrities and public figures which this kid isn’t. Actual malice doesn’t need to be shown, but the fact that the guy didn’t name the kid and didn’t center the article on the kid probably gives him and Deadspin enough wiggle room to keep this case from going anywhere.

Had the post not been run through the Online Outrage Machine it would have died a quiet death on a website no one reads.

I also wonder what demonstrable harm the kid has suffered seeing as he’s already being viewed as a hero by MANY who otherwise would have no idea he existed but for the Deadspin post.

He's already gotten a scholarship offer to Liberty University!

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PostPosted: Tue Dec 05, 2023 5:31 pm 
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PostPosted: Tue Dec 05, 2023 5:35 pm 
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SpiralStairs wrote:
denisdman wrote:
If I had to guess, I believe legally there has to be malice or intent to harm in the comment. I doubt that would be provable. But would you want this in front of a jury?

That’s the standard for celebrities and public figures which this kid isn’t. Actual malice doesn’t need to be shown, but the fact that the guy didn’t name the kid and didn’t center the article on the kid probably gives him and Deadspin enough wiggle room to keep this case from going anywhere.

Had the post not been run through the Online Outrage Machine it would have died a quiet death on a website no one reads.

I also wonder what demonstrable harm the kid has suffered seeing as he’s already being viewed as a hero by MANY who otherwise would have no idea he existed but for the Deadspin post.

Same can be said about Nick Sandmann. He has generational wealth now.

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PostPosted: Tue Dec 05, 2023 6:09 pm 
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Juice's Lecture Notes wrote:
SpiralStairs wrote:
but the fact that the guy didn’t name the kid and didn’t center the article on the kid

If you don't count a closeup profile shot of the kid being the main picture of the article both on the website and on every social media post Deadspin, as well as every other user, made promoting the article, then yeah, I guess you could argue the piece isn't centered on him.

Read the headline and the post itself.

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PostPosted: Tue Dec 05, 2023 6:49 pm 
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shakes wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


settling a claim requires the defendant to have money. We're talking Deadspin here, what are they gonna do, offer up Julie's closet of muslim cricket gear?


I do not know it for a fact, but they should have a media liability policy. It is all but required to be in the business. Newsroom will often stand on principle, but most insurers would recognize this is not a case to try.

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PostPosted: Tue Dec 05, 2023 7:00 pm 
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Here’s a fun twist, apparently the kid and his family are affiliated with a Native American tribe.

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PostPosted: Tue Dec 05, 2023 7:03 pm 
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SpiralStairs wrote:
Juice's Lecture Notes wrote:
SpiralStairs wrote:
but the fact that the guy didn’t name the kid and didn’t center the article on the kid

If you don't count a closeup profile shot of the kid being the main picture of the article both on the website and on every social media post Deadspin, as well as every other user, made promoting the article, then yeah, I guess you could argue the piece isn't centered on him.

Read the headline and the post itself.

I thought you retired from pre-judging after your Rittenhouse debacle.

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PostPosted: Tue Dec 05, 2023 7:27 pm 
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denisdman wrote:
shakes wrote:
denisdman wrote:
This type of claim falls under a media liability policy. Any claim is not going to court. It gets settled. I am not sure where this falls legally but it has a terrible fact pattern- big media attacking a kid that gets all sorts of negative social media coverage while a kid is just rooting for his team.


settling a claim requires the defendant to have money. We're talking Deadspin here, what are they gonna do, offer up Julie's closet of muslim cricket gear?


I do not know it for a fact, but they should have a media liability policy. It is all but required to be in the business. Newsroom will often stand on principle, but most insurers would recognize this is not a case to try.



I'm gonna say Deadspin has no such policy.

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PostPosted: Tue Dec 05, 2023 7:30 pm 
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This Ends in Antioch wrote:
SpiralStairs wrote:
Juice's Lecture Notes wrote:
SpiralStairs wrote:
but the fact that the guy didn’t name the kid and didn’t center the article on the kid

If you don't count a closeup profile shot of the kid being the main picture of the article both on the website and on every social media post Deadspin, as well as every other user, made promoting the article, then yeah, I guess you could argue the piece isn't centered on him.

Read the headline and the post itself.

I thought you retired from pre-judging after your Rittenhouse debacle.

I forget how I called that one. I think I said he might get convicted of manslaughter but murder.

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PostPosted: Tue Dec 05, 2023 7:51 pm 
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SpiralStairs wrote:
This Ends in Antioch wrote:
SpiralStairs wrote:
Juice's Lecture Notes wrote:
SpiralStairs wrote:
but the fact that the guy didn’t name the kid and didn’t center the article on the kid

If you don't count a closeup profile shot of the kid being the main picture of the article both on the website and on every social media post Deadspin, as well as every other user, made promoting the article, then yeah, I guess you could argue the piece isn't centered on him.

Read the headline and the post itself.

I thought you retired from pre-judging after your Rittenhouse debacle.

I forget how I called that one. I think I said he might get convicted of manslaughter but murder.

Scoreboard

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PostPosted: Tue Dec 05, 2023 7:58 pm 
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I NEVER CLAIMED TO BE CLAIRVOYANT GET OFF MY ASS PLZ

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PostPosted: Tue Dec 05, 2023 8:03 pm 
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SpiralStairs wrote:
I NEVER CLAIMED TO BE CLAIRVOYANT GET OFF MY ASS PLZ

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PostPosted: Tue Dec 05, 2023 8:05 pm 
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I’m really good at predicting the future when I know the outcome in advance

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PostPosted: Tue Dec 05, 2023 8:23 pm 
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SpiralStairs wrote:
I’m really good at predicting the future when I know the outcome in advance

Goddam, you have gotten so lame that it actually hurts.

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