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Real news media doesn't make controversial statements about individuals unless they have proof. I am quite certain that before this story went to press, there were serious internal discussions at CNN about not only its validity, but about CNN's ability to demonstrate that validity in court.
Yep. The truth is an absolute defense against defamation.
Yeah, this won't be like the Hulk Hogan/Gawker case. CNN doesn't play.
Things have been so crazy I forgot about this. Thanks for the reminder, Mark Robinson.
Right, if he hadn't brought it up again we'd have all moved on to the next news item. Thanks Mark, and let's see how your case goes.
Dropped right after the election you say?
"Calling the report reckless and defamatory" but not incorrect.
Defamatory implies it's false
True. Though if you read the original CNN article, the circumstantial evidence is fairly damning. I don't think he has any chance of getting out from under this.
Also, in a legal context, I think there very well may be a distinction between claiming a report is defamatory versus claiming it is false. As per Wikipedia:
The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable
distinction between claiming a report is defamatory versus claiming it is false.
A statement is not defamatory if it's not false. It might be embarrassing and potentially damaging, but not defamation.
"There are five essential elements to defamation: (1) The accusation is false; and (2) it impeaches the subject's character; and (3) it is published to a third person; and (4) it damages the reputation of the subject; and (5) that the accusation is done intentionally or with fault such as wanton disregard of facts." - Ron Hankin, Navigating the Legal Minefield of Private Investigations: A Career-Saving Guide for Private Investigators, Detectives, And Security Police, Looseleaf Law Publications, 2008, p. 59.
Not in South Korea. Truth is not actually a defense to a defamation claim, wildly enough
Same in Japan. I remember a case where a convicted pedophile successfully sued Google into blocking news articles saying he had been convicted of pedophilia.
Actually he is. Calling something defamatory implies that the statement is false. The inverse is also true: if a statement is true, then it's not defamation.
(source: I was hyperfixated on the Depp v. Heard trial)
Yeah, IIRC the comment was deleted not long after the story came out about it, which is insanely odd timing if he's not the guy who left it.
Wasn't CNN like crazy-careful about documentation, proof, and public records? Good luck, you weird racist MAGA pervert-freak...
Can't wait for whatever comes out in discovery.
It’s almost impossible to win a defamation lawsuit as a public person. This is just being used as a flimsy shield before the election to try to give his denials some credibility. The standard is so high that unless someone at CNN was recorded as admitting to making this up then this case won’t make it very far.
That's foolish of him, because as defendants they now have standing to subpoena. He will be proven to be a weird fucking pervert in civil court.
His public comments are equally as disgusting.
Ah, the old Trumpian tactic of suing someone for telling the truth.
I'm betting Warner Bros. has more money and better lawyers than you, Mark.
Oh look, North Carolina just happens to be one of the states with no anti-SLAPP laws on the books.
Bet, lets move on to discovery.
This will be an interesting court case.
If cnn can prove what they reported then he's just digging a deeper hole.
If cnn can't prove it they are in deep doggy doo doo.
I'm going out on a limb, just a hunch really, and I think CNN will come out of this just fine. Robinson is the man with a shovel, and he's gonna dig.
Robinson's entire defense so far has been to claim this is a hoax and when asked how posts on pages going back years can be hoaxed, he gives a "trust me, bro" response.
Yeah, the dude got caught dead to rights. This is a poor attempt at damage control but an excellent example of the Streisand effect. Whether he wins or loses in November I expect the suit will be dropped after the election because he doesn’t have a leg to stand on.
If cnn can’t prove it they are in deep doggy doo doo.
Not really. They came with the receipts, showing time after time that the commenter shared personal details and used indiosyncratic turns of phrase that Robinson repeated on public accounts and forums. They had a very reasonable belief that it was true, and never claimed more than that. In the US, for a public figure, that's generally more than enough.
What a dunderhead.
Please, that's "Lt. Governor Black Nazi Dunderhead" to you.