NEW: George Floyd's Family Announces $250 Million Lawsuit Against Kanye West

[spanone]

“George Floyd’s Family Announces $250 Million Lawsuit Against Kanye West Over False ‘Drink Champs’ Comments

Link to tweet

https://www.complex.com/life/george-floyd-family-lawsuit-kanye-west-drink-champs-250-million

[no_hypocrisy]

1. Add Candace Owens as a co-defendant.

She's insisting on the Fentanyl story as well.

[Samrob]

53. Yes!

[mahatmakanejeeves]

2. "Kanye is garbage but so is this lawsuit."

IEndorsePopehat Retweeted

Kanye is garbage but so is this lawsuit.

Suing for IIED because he publicly said incorrect things about George Floyd's death (quite obviously a matter of public concern) is and ought to be barred by the First Amendment.

click2houston.com
FIRST ON 2: Mother of George Floyd’s daughter files $250M lawsuit against Kanye West for comments...
The mother of George Floyd’s daughter has filed a $250 million lawsuit against rapper Kanye West following his recent comments on Floyd’s

Link to tweet

[brush]

7. There's such a thing as defamation/libel/slander. We all saw the cop...

Last edited Tue Oct 18, 2022, 05:38 PM - Edit history (1)

kill Floyd. Bet West settles this out of court.

You can't just allow reckless, lying wingers to spew out false republican talking points that infliction emotional distress and damage Floyd and his family's reputation.

[The Protagonist]

39. You can't defame or slander the dead

https://www.minclaw.com/legal-resource-center/what-is-defamation/can-dead-people-defamed/#:~:text=Under%20common%20law%20and%20according,not%20have%20reputations%20to%20damage.

[brush]

42. You can his family and young daughter.

[The Protagonist]

44. I guess I didn't hear the full quote

How did Kanye slander or defame his family and young daughter?

[brush]

45. You didn't hear it and you're commenting?

Alex Jones just learned that lesson.

[The Protagonist]

47. I replied to comment #7

...where you said the following: "There's such a thing as defamation/libel/slander."

And you can't defame, libel or slander the dead.

If Mr. Floyd's family is suing, the only way they can sue for defamation or slander is if Mr. West defamed or slandered THEM (the family) SPECIFICALLY. If they are suing for defamation or slander of Mr. Floyd the case would get thrown out of court. Maybe they are suing for something else (mental duress?) but not defamation or slander.

So... I'll ask again. Did Mr. West defame or slander Mr. Floyd's family?

[brush]

55. The family's lawyers seem to think so as they took the case.

Let's see what happens.

[Hassin Bin Sober]

46. You can't defame a dead person. They no longer have a reputation.

There might be a case for intentional infliction of emotional distress but that’s a high hurdle - especially for such a publicly debated case.

[brush]

48. You can his young daughter and family.

Didn't you hear of the Alex Jones verdicts?

[Hassin Bin Sober]

50. Jones defamed the parents by accusing them of being crisis actors and faking their kids' deaths.

[brush]

51. We'll see what happens. The family's lawyers feel they have a case.

[Hassin Bin Sober]

52. Either way. I'm all about him getting dragged.

Hopefully he loses every contract possible and gets publicly shunned and humiliated.

[hlthe2b]

57. "especially for such a publicly debated case"--no, fully litigated in MULTIPLE criminal trials

providing expert testimony, video, and first-hand witnesses that fully remove such "alternative theories and conspiracy theories" as viable--from the public record. The public record is fully established, verified, and documented. As much as the facts of Sandy Hook were out there, even that comparison differs in not having had prior legal confirmation from multiple unanimous court decisions. And yes, the subject of defamation and thus harm is not the dead person, but the sole offspring and family.

I think there is a case. More to the point, I think Kanye's lawyers will absolutely believe that there is a case and will be telling him that, no matter their public comments to the contrary.

[Hassin Bin Sober]

60. How is it defaming the kids by saying their dad died from fentanyl? (As wrong as that is)

You can’t defame a dead person. It’s well established law. Some states even dismiss defamation cases if the victim of the defamation dies prior to verdict. Some states allow the estate to see the suit through but the case has to have been filed while the victim is alive.

Jones is a completely different type of case. Jones not only defamed the living parents - he also engaged in a years long campaign of targeted harassment which rose to the level of intentional infliction of emotional distress.

An utterance on a podcast isn’t going to meet the level of intentional infliction of emotional distress on its own. Especially since that subject was a contested, by medical experts on both sides, part of the trial.

No court is going to allow, absent continued targeted harassment, a claim that arises from disagreement with a verdict or the winning side’s medical experts. Otherwise we would all be in court facing defamation trials from dozens of LIVING cops who were found not guilty of murdering unarmed black people.

The Floyd family would have a better case going after Fox and other right wing media because they have been consistently, since day one, propagating the fentanyl lie. I don’t think Hannity has mentioned Floyd without the word fentanyl attached.

Anyone can file a lawsuit. Anyone can file a lawsuit that has little chance of success. I just hope the attorneys here are willing to cover the Floyd family if Fuckface whatshisname goes after them for attorney fees.

Fuckface has a PR problem and this lawsuit has certainly added to it. For that I am grateful for the suit.

[hlthe2b]

61. You are confused about what was said (in multiple outings), what the family has said and the

rest of the case, which is not seeking slander/libel against a dead man. We shall see.

[Hassin Bin Sober]

62. Words matter. These are words you wrote:

“And yes, the subject of defamation and thus harm is not the dead person, but the sole offspring and family.”

There is no defamation. And the estate can’t benefit from this nonexistent defamation.

Maybe you understand that. Maybe you don’t. But the person I was replying to initially clearly didn’t understand the distinction.


For the record, I haven’t seen the cease and desist letter or any filing but the news reports are the family is making allegations of defamation AND infliction of emotional distress.

[hlthe2b]

63. And YOU CLAIMED they were trying to bring defamation against a dead man. NOT TRUE

I am at work so a detailed rebuttal for the next 16 hours is not possible, but I suggest you do some research on what was said, what is being claimed, and current (and changing status) and precedents of defamation law. It is not as stagnant as you proclaim. IF they do file suit (which is not a certainty beyond the cease & desist order), the filing will be revealing and ultimately more useful than your speculation.

[happy feet]

64. +1

[Hassin Bin Sober]

65. Maybe follow how this sub-thread started and use more precise words.

Just a thought.

[hlthe2b]

67. Back at ya. As others here have told you.

that you repeatedly refuse to read, address, or apparently, it would seem, comprehend.

[Hassin Bin Sober]

69. What "others"?

I’ve been responding to two people in this sub-thread. One is clearly claiming defamation is possible because of the Alex Jones case and then there is you apparently agreeing with them.

People saying defamation is possible because of “teh aLeX jOneS” make about as much sense as the right wingers saying Jones can’t be held liable because “teh frEe sPeEch!”

[blueinredohio]

15. Good, sue him into oblivion.

[leftieNanner]

20. The First Amendment

Says that the Government cannot suppress free speech. The Floyd family is not the government.

[ShazzieB]

23. Amen to this!

I hope they win big. West was running his mouth about things he knew NOTHING about. Make him pay for it!

[nycbos]

26. Right.

However the Supreme Court ruled that the Westboro Baptist Church showing up at fallen soldiers funerals with signs that said "god hates f**s and, "thank god for dead soldiers."

These people were and are vile POS's. But the Supreme Court decided that was protected speech. As violence with Kanye said is I am guessing courts will likely draw a similar conclusion.

[moonshinegnomie]

38. that was because the government couldn't block them

[nycbos]

41. To my understanding a parents of a servicemember killed in action...

... sued those despicable people, and wow the parents won at trial the supreme court overturn the ruling because they said their actions were protected speech.

But I could be wrong.

[mahatmakanejeeves]

58. Snyder v. Phelps (2011)

Snyder v. Phelps (2011)

By David L. Hudson Jr.
Related cases in Picketing, Privacy



The Kansas-based Westboro Baptist Church regularly picketed military funerals to advance their views that God was punishing the United States for its toleration of homosexuality. The family of a slain Marine sued after church members picketed their son's funeral and was awarded a total of $5 million in damages. The Supreme Court, however, upheld the church's First Amendment free-speech rights. In this 2006 photo, Westboro Baptist Church member Shirley Phelps-Roper holds signs in front of the St. Julie Billiart Catholic Church before a funeral for Army Pfc. Adam Shepherd in Hamilton, Ohio. (AP Photo/David Kohl, used with permission from the Associated Press)

In Snyder v. Phelps, 562 U.S. 443 (2011), the U.S. Supreme Court ruled 8-1 that the First Amendment prohibited the imposition of civil liability upon a church and its members who picketed the funeral of a slain Marine. The Court reasoned that the highly offensive expression was speech on a matter of public concern, uttered peacefully and lawfully on a public street.

Westboro Baptist Church picketed military funerals to protest American toleration of homosexuality
The Kansas-based Westboro Baptist Church and its founder Fred Phelps regularly picketed at military funerals to advance their views that God punished the United States for its toleration and promotion of homosexuality by killing the country’s soldiers.

Phelps, two of his daughters, and four of his grandchildren picketed at the funeral of slain Marine Matthew Snyder, killed in the line of duty in Iraq. The Phelps clan conducted themselves peacefully and pursuant to police orders. However, their signs included messages, such as “God Hates Fags,” “Thank God for IEDs,” and “America is Doomed.”

Family of slain Marine won $5 million against church founders

Albert Snyder, the father of Matthew, sued the Westboro Baptist Church, Phelps, and his daughters for defamation, publicity given to private life, intentional infliction of emotional distress, intrusion upon seclusion, and civil conspiracy.

A federal district court granted summary judgment to defamation and publicity given to private life. The other three claims proceeded to a jury, which awarded Snyder $2.9 million in compensatory damages and $8 million in punitive damages. The federal district court judge remitted the punitive damage award to $2.1 million for a total of $5 million.

Court overturned award, ruled church members have First Amendment right of speech



Pastor Fred Phelps, who died in 2014, led the controversial Westboro Baptist Church in Topeka, Kansas. Phelps and his tight-knit congregation traveled the country picketing military funerals to convey their belief that soldier deaths were God's punishment for America's toleration of homosexuals. Phelps and his church members won a Supreme Court case in which the family of a slain Marine had sued Phelps. (AP Photo/Charlie Riedel, used with permission from The Associated Press.)

Phelps appealed to the Fourth U.S. Circuit Court of Appeals, which reversed on First Amendment grounds. The appeals court determined that the Phelps’ expression was speech on a matter of public concern.

Snyder appealed to the U.S. Supreme Court, which affirmed the appeals court. Writing for the majority, Chief Justice John G. Roberts, Jr. emphasized that the defendants’ speech touched on matters of public concern or importance. He also emphasized that the protestors conducted themselves peacefully on public streets pursuant to police directives.

Addressing the intentional infliction of emotional distress claim, Roberts focused on the requirement of outrageousness. He relied on the Court’s decision in Hustler Magazine, Inc. v. Falwell (1988) for the principle that outrageousness is a “highly malleable” standard that is too subjective when applied to speech on a matter of public concern.

{snip}

[brush]

43. Try deramation of his daughter and family.

Alex Jones just learned that lesson.

[AntivaxHunters]

56. Tell it to Alex Jones

[Cha]

3. Good.. Hold that Psycho's Mouth

Accountable.

[Cha]

4. Then why is that killer cop in jail..

Derek Chauvin?

[Comfortably_Numb]

5. Kanye, desperately striving to be relevant after Kim Kartrash humiliated him.

Two trash bags that deserve each other. I feel sorry for their kids.

[Traildogbob]

12. Yea,

He got tossed for a goofy tall white boy. That destroyed his ego most. Like all the white MAGA’s seeing black men with stunning beautiful white women. That is their biggest draw to the new Modern day KKKlan.

[nycbos]

16. Where are the white women at?

[Traildogbob]

22. Classic!!!

The funny thing is it is now “White Boys” are asking the question.

[OneGrassRoot]

6. Good K&R n/t

[Sky Jewels]

8. Good. These high-profile mfers need to realize they could face consequences

for their destructive lying.

They should learn from Alex Jones' troubles too.

[calimary]

10. Unfortunately, even Alex Jones hasn't learned that lesson yet.

Kanye's just an attention whore now.

Too trashy even for Kim Kartrashian, as Comfortably_Numb would say. And that's quite an extreme!

[BlueIdaho]

9. It's hammer time.

Send this wack-job to the poor house.

[70sEraVet]

11. I don't know about the chances of this lawsuit going anywhere, but he has money because

of his popularity as an artist. All of the people who were outraged at George Floyd's murder should boycott his music and his clothing line. If white supremacists are going to be his new fan base, Ye better start revamping his brand! He could change his name to Lee Greenwood Ye!

[UTUSN]

13. K&R - good, they ought to go higher

[peppertree]

14. No rest for West

No rest for the damned.

[republianmushroom]

17. LIKE

[Obvious85]

18. Kanye WILL LOSE, guaranteed

This case has already been decided in the previous trials.

[Blue Owl]

19. Wouldn't it be sad if Ye went the way of Alex Jones

[TomDaisy]

21. Kanye will be forced to settle, a big amount, undisclosed

[tanyev]

24. The Floyd family should start a GoFundMe for legal costs.

Bound to be a lot of wealthy people in the entertainment industry that would be happy to donate anonymously.

[SunSeeker]

25. Good. nt

[Ford_Prefect]

27. Kanye is not defended on 1st amendment. It doesn't cover hate speech nor ignorance.

He is a public figure with responsibility to consider the impact of his speech. This was not a side comment made in a private setting.

IMO he's gonna be surprised at the blowback and the expense. He just bought.com so he knows what impact his speech has.

[CaptainTruth]

31. Actually...

Is hate speech protected by the First Amendment?

A recent survey from the Foundation for Individual Rights in Education found that a majority of Americans (57%) correctly recognize that the First Amendment protects hate speech from governmental regulation, punishment, or censorship — but 45% think that it should not be protected.

Why is hate speech protected?
The First Amendment makes no general exception for offensive, repugnant, or hateful expression.

In Snyder v. Phelps, the United States Supreme Court protected in an 8-1 decision the hateful speech of the Westboro Baptist Church — known for picketing military funerals with signs that read “God hates fags” and “Thank God for dead soldiers” — during a 2006 protest near the funeral of Lance Corporal Matthew A. Snyder, a Marine killed in Iraq. Federal courts even protected the free speech rights of Nazis, who in 1977 were denied a permit to march through Skokie, Illinois, a village where many former Holocaust survivors lived.

-snip-

Note that there is a legal difference between "hate speech" (protected by 1st Amendment) & "defamation" (not protected by 1st Amendment) & I think that's where a lot of folks get confused.

[link:https://www.thefire.org/is-hate-speech-protected-by-the-first-amendment/|]

[Ford_Prefect]

34. Thanks for making that distinction clear.

Seems pretty obvious that Kanye defamed rather profusely on a public forum. His was not a personal comment made in private but to the whole world intentionally.

IMO he's not gonna like the way that wind blows.

[The Protagonist]

40. You can't defame a dead person

https://www.minclaw.com/legal-resource-center/what-is-defamation/can-dead-people-defamed/#:~:text=Under%20common%20law%20and%20according,not%20have%20reputations%20to%20damage.

[Ford_Prefect]

49. Whoever is filing the suit seems to think there is significant basis to file. Courts don't usually

accept meaningless filings for that kind money on specious charges. The clerk would refuse it if it were that obvious a flaw.

I may be a bit off target in the terms and procedurals but I doubt that the family is.

[Hassin Bin Sober]

66. Clerks don't filter anything and most suits are filed electronically.

Attorneys are bound by ethical guidelines against filing obviously frivolous actions. The “filter” would be sanctions by the courts after the fact and/or awards of attorney fees by the victim of a frivolous filing.

And no, you can’t defame a dead person.

So far, nothing has been filed. There is supposedly a cease and desist letter but I haven’t seen that published anywhere.

[Ford_Prefect]

68. As you say, Nothing is on file ATM. The headline and the outlet it is from are both bogus.

The source (COMPLEX) or at least the author (TRACE WILLIAM COWEN) appear to be stronger on gossip than fact.

[Johonny]

28. Did they file this too quickly

Or is the hope filing this will lead to Kanye talking himself in public further into a hole?

[GenXer47]

29. Kanye is not even a musician at all

...he's just a boy playing with computers and always has been.
I will never fail to be astonished at the mediocre morons people will elevate to "genius" status.

[AwakeAtLast]

30. The Alex Jones trial has an awesome ripple effect

[spanone]

32. I sure hope so.

[localroger]

33. This was undoubtedly inspired by the Alex Jones judgement

...but it's completely different, and this suit will go nowhere. The Sandy Hook families didn't get that judgement because Jones said bad things about them, they got it because the bad things he said systematically inspired other people to engage in a campaign of harassment and violent threats.

Both the Sandy Hook and Floyd families probably qualify as public figures by now, which makes it extremely difficult to win a judgement against them based purely on libel or defamation. But the Sandy Hook families were able to document a decades long campaign of harassment that went far beyond the bad things Jones said. I don't think the Floyd family has that against Kanye.

[ecstatic]

35. KW needs a guardian assigned. He is really unhinged.

It's not going to end well if he isn't protected from himself.

[Baked Potato]

36. 4 years ago I said Kanye is a Rat Fucker. Yep, still is.

[Takket]

37. as much as i'd like to see this win, as others have pointed out, this suit goes nowhere

what he said is hurtful and obnoxious, but does not create actual harm/loss they can present to the court

[JuJuChen]

54. Kanye has that in his wallet right now

[forthemiddle]

59. Regarding the Alex Jones precedent

Won't the Alex Jones judgment be appealed? That is not really the law of the land until it meets final judgment, correct?

Who exactly did Ye (Kayne) defame? You can't defame the dead, and he never mentioned Floyds family. Also can't he plead stupidness by just saying he misunderstood the medical examiners report that declared no obvious injuries, and the fact that George Floyd did have Fentanyl in his system?

I really don't think this suit goes anywhere.