Missing from that letter is any allegation concerning damages, or any allegation that Giuliani’s statements actually discredited the Lincoln Project.Defamation is the publication, either orally or in writing, of a statement concerning the plaintiff which is false and causes damage to the plaintiff. McAvoy 40*40 v. Shufrin, 401 Mass. 593, 597, 518 N.E.2d 513 (1988). To establish a claim of defamation, a plaintiff must satisfy the following elements. First, the defamatory statement must "hold the plaintiff up to contempt, hatred, scorn, or ridicule or tend to impair his standing in the community, at least to his discredit in the minds of a considerable and respectable class in the community." Tartaglia v. Townsend, 19 Mass.App.Ct. 693, 696, 477 N.E.2d 178 (1985) (quotation omitted). Second, the statement must have been to at least one other individual other than the one defamed. Brauer v. Globe Newspaper Company, 351 Mass. 53, 56, 217 N.E.2d 736 (1966). Third, where the speech is a matter of public concern, a defamation plaintiff must prove not only that the statements were defamatory, but also that they were false.[1] Dulgarian v. Stone, 420 Mass. 843, 847, 652 N.E.2d 603 (1995); see also Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 776, 106 S.Ct. 1558, 89 N.Ed.2d 783 (1986) (holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"). Finally, the plaintiff must show that he suffered special damages and must set forth these damages specifically. Lynch v. Lyons, 303 Mass. 116, 119, 20 N.E.2d 953 (1939).
And the award for the best shade throwing goes to...
Re: And the award for the best shade throwing goes to...
Not to get all lawyerly or anything, but these are the elements required to prove defamation in Massachusetts:
“I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.” ~ Ruth Bader Ginsburg, paraphrasing Sarah Moore Grimké
Re: And the award for the best shade throwing goes to...
Point taken, but since this is a civil suit, absent any compensable damages (which would have to be proven) there is little in it for the Lincoln Project (I imagine they could get punitive damages, but I am not sure who they would be calculated or what their amount might be. Much as I would love to see Giuliani making a bigger ass of himself, I still don't think it would be a good use of the finds others have contributed to the Lincoln Project.
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
- Sue U
- Posts: 8570
- Joined: Thu Apr 15, 2010 4:59 pm
- Location: Eastern Megalopolis, North America (Midtown)
Re: And the award for the best shade throwing goes to...
Gonna need a 55-gallon drum of aloe for those last two.
GAH!
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
Jim Wright
"Closest" queen? Closest to what?You heard that, did you?
That's a conversation you have, because you hang out with people who talk about cock loving. And not only do you spend, apparently, a LOT of time talking about the love of cock you ALSO keep some sort of list of people who love cock and spend time actually ranking and arranging these folks by degree of cock loving and you just happen to also have a picture of some lovely cock handy which you were eager to share with me.
But ... you yourself are not interested in cock.
Huh.
Also, you may not understand exactly how vaccines work. Or even in a general sense. Or at all.
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring.
~ Carl Sagan
~ Carl Sagan
Re: And the award for the best shade throwing goes to...
For me, it is far better to grasp the Universe as it really is than to persist in delusion, however satisfying and reassuring.
~ Carl Sagan
~ Carl Sagan
- Bicycle Bill
- Posts: 9030
- Joined: Thu Dec 03, 2015 1:10 pm
- Location: Surrounded by Trumptards in Rockland, WI – a small rural village in La Crosse County
Re: And the award for the best shade throwing goes to...
Well played, El Arroyo!!
(for those of you who don't know, El Arroyo — rough translation: "The Ditch" — is a popular Tex-Mex restaurant in Austin TX)
-"BB"-
(for those of you who don't know, El Arroyo — rough translation: "The Ditch" — is a popular Tex-Mex restaurant in Austin TX)
-"BB"-
Yes, I suppose I could agree with you ... but then we'd both be wrong, wouldn't we?
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown
Re: And the award for the best shade throwing goes to...
I immediately understood twat that meant.
Re: And the award for the best shade throwing goes to...
"If you don't have a seat at the table, you're on the menu."
-- Author unknown
-- Author unknown