Friday, January 6, 2012

- Sounds Pretty Slanderous to Me

I'll defer to the legal minds to define the actual terms, but it seems to me that there is a reason people keep including the word 'alleged' when describing someone who hasn't been convicted yet.

The powder in Meredith Grave's purse was NOT cocaine or any other illegal substance. In light of the tone, I think it's pretty clear that Bloomberg's intention was to cast Meredith Graves in as negative a light as possible, whatever the facts. And I don't think his status as a public figure should exempt him from liability for his false public statements.

Maybe Bloomberg will end up paying Meredith Grave's legal bills and then some. Wouldn't that be divine justice.


frithguild said...

Is there anything in the world that will produce more law enforcement saliva than white powder in a glassine bag? Thus we get Bloomberg on punji stick. Brilliant!

I am going to town hall soon to apply for a purchase permit. I think I'll crush some asprin and put it in a glassine bag before I walk in - just for kicks.

I am not a 1st amendment expert, but That Girl will most likely be deemed a public figure for a particular purpose making the NY Times v. Sullivan actual malice standard applicable - reckless disregard for the truth or falsity of the statement. A statement imputing criminal conduct is libel per se, so liability is clear - if that is the law in New York.

So the real question is who will judge whether Bloomberg was reckless - Manhattanites with Manhattanitis or bitter clinging Tennesseans? I am not sure what the New York statutes provide with respect to forum selection, but a New York forum may be required.

Tom said...

Right - it's another example of that gem from a great legal mind that Kevin Williamson quoted the other day:

"Don't tell me what the law is, tell me who the judge is!"

Roy Cohn

What I'd really love would be to find a NJ State superior court judge who could issue me a concealed Carry Permit and cite "self Defense" as just cause.

That I think might set the precedent, and give some of the more conservative justices in the state (there must be a few someplace) the ability to do likewise without sticking their necks out. That would mean the end of the procedural carry ban.

My step-father's cousin is a judge in Monmouth county (I know connections like that count in NJ), but I've only met him once and I don't know anything about his politics.

Anonymous said...

Kudos to RFNJ for keeping this out there. This case is not in the news feeds out here on the west coast. Nor is there a need to have connections to get a CCW, at least, not in my county or any of the counties bordering mine. I feel for you guys but I'm from Jersey, finished up in NY and I would never live out there again under any circumstances. Regardless, I think change is coming and somehow, in this post-modern era we are seeing pro-gun sentiment sweeping the country and it's only a matter of time before people out there start waking up.