Judge allows libel lawsuit against Glenn Beck to proceed

[DonViejo]

Source: Salon

The suit stems from Beck's false accusations that a Saudi student funded the Boston Marathon bombing

LUKE BRINKER

A federal judge on Tuesday denied Glenn Beck’s request to dismiss a libel lawsuit that accuses the conservative talking head of defaming a Saudi man Beck falsely accused of funding the Boston Marathon bombing last year.

As Josh Gerstein explains, Beck sought to have the lawsuit tossed out on the grounds that Abdulrahman Alharbi, the man who brought the suit, was a public figure because of his presence near the finish line of the marathon, where two bombs exploded, killing three people. As a public figure, Alharbi would have had to clear a difficult hurdle in order for the lawsuit to proceed, proving that Beck intentionally lied or acted with malice in making the accusations.

But in ruling that the lawsuit could move forward, U.S. District Judge Patti Saris rejected the argument that the mere act of attending the event made Alharbi a public figure.

“Choosing to attend a sporting event as one of thousands of spectators is not the kind of conduct that a reasonable person would expect to result in publicity,” she wrote. “Quite to the contrary, a spectator at an event like the Boston Marathon would reasonably expect to disappear into the throngs of others, never attracting notice by the press. Because he did not ‘assume the risk of publicity,’ Alharbi does not meet the definition of an involuntary public figure.” Therefore, Sari concluded, Alharbi is a private figure who does not need to prove “actual malice” on Beck’s part.




Read more: http://www.salon.com/2014/12/02/judge_allows_libel_lawsuit_against_glenn_beck_to_proceed/

[notadmblnd]

1. good. I hope this kid gets a huge chunk of Becks bank account.

[lastlib]

16. (or at least a share of the gold....!)

[busterbrown]

19. He will...But Beck will hardly notice it..

[NoJusticeNoPeace]

2. I hope he can show damages, that is where the money and ballgame is.

Usually the disgusting pricks like Beck are careful to only attack, always without a shred of evidence, public figures and not regular people, because they have been told by their lawyers they can do one and not the other.

I would pay to be in the courtroom when a judgment comes in busting Beck of every penny he has.

I would love to see that with Rupert Murdoch someday too

[cosmicone]

3. That is the catch 22

Libel generally harms public figures but they have to show a deliberate malicious intent to prove liability. Ordinary people can prove liability more easily but generally don't have provable damages unless someone loses a job or some economic opportunity because of the libel.

Being a Saudi student, he is probably already well-heeled with generous stipend and scholarship from the Saudi government. I don't know how he is going to prove damages.

I want Glenn Beck and others like him thrown in Guantánamo for their conduct and it is sickening that they get off under laws designed to protect decent journalists and fact-finders.

[nichomachus]

9. This is why punitive damages are so important

And this is why corporations want to limit them.

[Jim Lane]

23. Unfortunately, punitive damages aren't all that important in practice.

The number of cases in which a jury actually awards punitive damages is small. The number in which a substantial award survives an appeal, without being reduced or overturned completely, is even smaller.

People who feel they've been wronged tend to consider the defendant's conduct to be the most egregious wrongdoing in recent history. The media play along by reporting punitive-damage demands, because they make the story seem more important.

Of course, some verdicts awarding punitive damages do stand up. Here, even a jury inclined to show Beck some mercy on his original reporting -- after all, the guy he accused was an Arab, so, gee, you can understand how people would be suspicious of him, the thinking could go -- might decide that Beck crossed the line when he persisted in his attacks even after receiving contrary information from law enforcement. Still, Beck probably has more to worry about from a highly publicized trial that would expose his disregard for truth than he does from the actual dollar amount of the damages award.

[Elmer S. E. Dump]

24. What about potentially having his life in danger because of this lie?

I think that would cause me a whole hell of a lot of fear, especially if I had a Muslim name in America. Also, what about his reputation. Just because he isn't a celebrity doesn't mean he doesn't care and is not concerned about being known as the "financier" of terror.

I hope he tears Beck a new asshole.

[Ikonoklast]

32. I would be willing to bet he recieved death threats.

Actual harm.

[Dustlawyer]

5. Not up to date on this area of the law, but if it is still the same, damages are presumed if the

victim of the statement was wrongfully accused of a crime.

[NoJusticeNoPeace]

6. OH yeah, accused of a crime would be a lower bar to cross, should make it easier.

[Dustlawyer]

7. Supporting terrorist is a crime, so with damages presumed he would get past Summary Judgement

on that issue.

[Hassin Bin Sober]

12. Libel per se?

http://legal-dictionary.thefreedictionary.com/libel+per+se

Share: Cite / link:

libel per se n. broadcast or written publication of a false statement about another which accuses him/her of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease (like syphilis), or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for "general damages," and not just specific losses. (See: defamation, libel, slander)

[Fred Sanders]

15. A claim can be made for damages without proof of economic loss under various situations,

including malice alone, false allegations of a serious crime, having a disease or causing reputational loss to a profession or business...

[marble falls]

4. I hope Glen loses a very large bundle.

[ncjustice80]

10. I hope he is brought to financial ruin.

Regressive voices like his must be challenged, shut down, and silenced before they cause more damage.

[Scuba]

8. Great, now how about some terrorism charges?

http://www.thetruthaboutguns.com/2011/06/robert-farago/glenn-beck-points-to-obama-and-asks-why-would-you-get-a-gun/

http://www.dailykos.com/story/2011/01/10/934890/-Stochastic-Terrorism-160-Triggering-the-shooters

[TeamPooka]

11. Thanks Santa! nt

[Fred Sanders]

14. While the two actual terrorists used the crowd to blend in and not be noticed...kind of obvious

stretch...the kind lawyers are paid dearly to advance with all seriousness....the judge must have been hard pressed not to laugh out loud.

Does not look good for the snake oil futures market:

“Choosing to attend a sporting event as one of thousands of spectators is not the kind of conduct that a reasonable person would expect to result in publicity,” she wrote. “Quite to the contrary, a spectator at an event like the Boston Marathon would reasonably expect to disappear into the throngs of others, never attracting notice by the press. Because he did not ‘assume the risk of publicity,’ Alharbi does not meet the definition of an involuntary public figure.”

Therefore, Sari concluded, Alharbi is a private figure who does not need to prove “actual malice” on Beck’s part.

The judge noted that Beck “made numerous false statements” concerning Alharbi even after investigators cleared him of involvement in the bombing."

..................

When is the trial, seats may be hard to come by?

[mountain grammy]

17. I hope he takes a good chunk out of Beck's fortune.

[rurallib]

18. After a rotten day, something to bring a smile to my face

I can almost hardly wait until we get a video of Beck making out that multi-million $$$$$ check.

Thanks for some good news, Don

[PsychGrad]

20. I will be putting...

every bit of energy I have into hoping that this kid wins huge. Beck is such a, well, a... I don't even know what! I can't even hear his voice bc it makes me want to vomit. He is so transparent with his insincerity, yet people fall for it. I had a couple of friends who are now former friends bc I cannot remain friends with anyone that believes what he says - they are too damn stupid.

[Elmer S. E. Dump]

25. I feel the same way

My BIL is a Limbaugh addict and he buys it all and eats it. I won't go over to any family functions at his place and if my wife invites him over I refuse to talk politics because he is just too damn stupid. Who among us wants to spend time with a stupid, brainwashed hater? Not me!!

[Spitfire of ATJ]

21. That has got to be one of the all time lame stretches....

So, according to Beck's defense lawyers ALL of these people are fair game for his lies because they are "public figures":

[Kelvin Mace]

22. Unfortunately,

this ends with a settlement that admits no wrongdoing with all the terms secret.

[Ineeda]

31. Did you mean to include

the word 'probably' in your assertion?

[Kelvin Mace]

33. Probably

However, to be perfectly honest, I would bet money that this how it will end.

[KinMd]

26. So, according to Beck, if I go to a baseball game, I'm a public figure?

..geez I feel kinda important all of a sudden

[Frustratedlady]

27. Oh, so this is why Beck disclosed his mysterious illness a couple weeks ago?

Soften us up before the s*** hit the fan on his ridiculous charges?

Public figure for watching a sporting event? Boy the RW brains sure work in mysterious ways.

[Enthusiast]

28. Glenn Beck is a complete POS.

[gregcrawford]

29. If Mr. Alharbi owns a pickup truck...

... he can hang Beck's balls on the trailer hitch. Assuming, of course, that Beck even has a pair. That evil bag of rat excrement has caused more pain and anguish than he can ever atone for. That anyone is stupid enough to believe a single word he says is astounding, and I despair for the future of humanity. Just sayin'...

[FSogol]

30. Hey Millennials: The latest way to pay off your student loans is to come under

the observation of Glenn Beck and wait for him to libel you!

[ut oh]

34. Step in the right direction

eom