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Wait a minute!!!! I can SUE someone for calling me, um, 'that name'?

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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:22 PM
Original message
Wait a minute!!!! I can SUE someone for calling me, um, 'that name'?
This crap is getting ridiculous now.

Just saw a report that the two men who heckled Richards, and were showered with racial epithets by him have hired Gloria Alred. And they are talking about suing.

Jesus.

Can't that woman go find an ambulance to chase?

We're not even at the first week of winter (cue McCready from The Thing).
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Guaranteed Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:26 PM
Response to Original message
1. I think it would depend on the context- i.e., whether actual discrimination
was involved, or a power imbalance between the two parties.

But, in this type of situation, I don't think there would be any kind of civil rights action. Even intentional infliction of emotional distress would be stretching it. Not sure any duty on Richards' part could be proven.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 09:39 PM
Response to Reply #1
15. It was defamation pure and simple. They win in a hearbeat if they sue.
He defamed them in front of an audience. Because of the defamation laws, they couldn't defame him by what they said because he is famous, a public figure, but they were private citizens, so the rules are different. It's much easier to defame a private citizen. What he did by pointing them out like that and talking to and about them in front of an audience was as clear a case of defamation as a plaintiff would want to have.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:15 PM
Response to Reply #15
24. I don't really think this constitutes as defamation
He used a racially-charged epithet... it's mean and racist, but it isn't defamatory.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:31 PM
Response to Reply #24
31. Are you nuts! It's defamatory "per se". In law that means you don't
even have to prove damage to your reputation and persona. It's presumed.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:36 PM
Response to Reply #31
35. Cite, please.
Please provide a citation to decisions providing that using a racial epithet creates a cause of action.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:55 PM
Response to Reply #35
43. It was more than just a racial epithet. You guys are so hung up thinking
this is about civil rights but it's not. It's no different than a car accident case. You get to sue for damages. Nothing to do with civil rights.

They were pointed out in front of a live audience and humiliated.
They get damages for that, plain and simple. Not because they were called a racial epithet, but because they were defamed and humiliated.

Does a black man have a right to be in a public place and not be publicly defamed and humiliated? Does he have to get whipped to have a cause of action?

I think a lot of people are due for some introspection about why they are so hard on dissing the plaintiffs here without knowing anything about them except the color of their skin.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:02 PM
Response to Reply #43
47. Because we don't see a cause of action.
Is there any precedent for the notion that responding to a heckler is defamatory? I'm looking for it on Westlaw, and I can't find it. If you know of some, it'd be greatly appreciated.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:20 PM
Response to Reply #47
49. Are you kidding.I'm not doing your research for you. It's a very
specialized area of law. Go ahead and knock yourself out. Perhaps you need to listen to what was said if you have some kind of doubt that it was defamatory and humiliating.

Look, he was a public figure, pointing out some private people, one of whom I understand did no heckling at all, and implied the most vile things about their character, in front of a captive audience.

I don't know what else to tell you except that you must undervalue black people so much, that they don't have the same rights against being defamed in public as other citizens do.

The fact that Richard used a racial epithet, does not cancel out the fact that he made vile and disparaging remarks about their character and reputation.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:23 PM
Response to Reply #49
50. You're the one making the claim.
My research isn't finding support for the claim. I don't think it's unreasonable that you provide even one citation for your argument.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:40 PM
Response to Reply #50
61. It's not an argument. It's a fact. Get over it. We'll see if Richards pays
or makes the personal apology requested. It would help if he did apologize should they actually sue him. He can at least mitigate some of the damages.

Why do you think they are threatening suit? Because they know they have a cause of action for defamation.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:44 PM
Response to Reply #61
63. Right, because no one ever files a spurious lawsuit
You're claiming there's precedent for such a suit. I'm telling you I'm not finding it on Westlaw... I've looked in the Restatements, I've looked in AMJUR, and I've looked in the CJS, and I'm not finding anything to indicate that racial epithets are sufficient to bring an action for slander.
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G Hawes Donating Member (440 posts) Send PM | Profile | Ignore Thu Nov-23-06 01:24 AM
Response to Reply #63
77. I've looked at WL, too,
Edited on Thu Nov-23-06 01:48 AM by G Hawes
and I have found no precedent that supports Solomon's contention. I don't think you're out of line asking him to support his assertion, and from what I've read, I doubt that he can support his assertion.

Edit to add: maybe that's why he hasn't responded to your prior post. I.e., he knows there is no precedent for it and that he is talking through his hat. Can that be so? I'm aghast at the thought of anonymous posters on DU purporting to have expertise and knowledge that they do not have. Aghast, I tell you!

(kidding, obviously)





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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 02:44 PM
Response to Reply #77
85. That's because as I keep saying and nobody is listening, you people
keep trying to limit it to racial epithets as though that was all that he said. You're looking at the wrong issue and in the wrong place. It has nothing to do with civil rights, and everything to do with defamation. Put it this way, had he not said any racial epithet's, he still would have committed defamation. Get it now?

And please, please, it's absolutely absurd to take the position that because he used a racial epithet, all tha he said is not defamation.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 02:47 PM
Response to Reply #85
86. And as you keep getting asked: what were the damages?
Edited on Thu Nov-23-06 02:52 PM by mondo joe
How was their character or reputation damaged?

Be specific.
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 04:25 PM
Response to Reply #85
96. FYI
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Seeking Serenity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:42 PM
Response to Reply #31
39. In my state, we've abolished "defamation per se"
you have to prove you were damaged.

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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:58 PM
Response to Reply #39
44. So what. You have to show the videotape. In fact, that what kills me
about what a slamdunk this case is. Not only do they have the words that were spoken, but they have the context and the way they were spoken. It's all on tape for the jury to see.

Now how much they would get for damages is another story. It's the kind of case I would try and settle though.
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Seeking Serenity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:01 PM
Response to Reply #44
46. How were they damaged? How can you quantify it?
In my state, the law looks askance at the speculativeness of damages that can't be easily quantified.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed Nov-22-06 11:28 PM
Response to Reply #46
51. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:33 PM
Response to Reply #51
53. How did he damage their characters or reputations?
Did he even say WHO they were?

Are comedians on stage now to be construed as making allegations of fact?
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Seeking Serenity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:36 PM
Response to Reply #51
59. I did listen. What did he say about their character?
He called them a reprehensible name. I didn't hear him attack their character.
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FredScuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:23 AM
Response to Reply #51
65. Uh, the "captive" audience booed, reacted audibly and left
what was the damage again?
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:52 AM
Response to Reply #51
75. So anyone who disagrees with you is a RACIST now?
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cosmik debris Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 11:08 AM
Response to Reply #15
113. The only cause of action here is for you
to sue the diploma mill that sent you a law degree.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:26 PM
Response to Original message
2. Plus, you can have somebody booted off a plane if they make you uncomfortable. n/t
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hsher Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 05:58 PM
Response to Reply #2
101. Really?
<---- Rubs her chin craftily: "HMMMM..."
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:31 PM
Response to Original message
3. Seems like the guys hired her, so I wouldn't be blaming her.
Having said that, yesterday I mentioned to my DH that someone's gonna try to sue. Eh voila'!
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stonecoldsober Donating Member (411 posts) Send PM | Profile | Ignore Wed Nov-22-06 09:08 PM
Response to Reply #3
12. I'm sure she contacted them.
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 09:17 PM
Response to Reply #12
14. Why? nt
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stonecoldsober Donating Member (411 posts) Send PM | Profile | Ignore Wed Nov-22-06 09:51 PM
Response to Reply #14
17. Because I don't very much that the 'victims' had her
phone number handy. It's just a gut feeling.
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:15 PM
Response to Reply #17
23. So you don't know. nt
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stonecoldsober Donating Member (411 posts) Send PM | Profile | Ignore Thu Nov-23-06 08:44 PM
Response to Reply #23
103. Actually, I'm clueless, but sometimes I talk big.
Edited on Thu Nov-23-06 08:45 PM by stonecoldsober
BTW, I'm a big Steely Dan/Donald Fagan fan.:hi:
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tridim Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:32 PM
Response to Original message
4. Fucking lawyers
:grr:

Why can't they all be like John Edwards?
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genie_weenie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:13 PM
Response to Reply #4
21. Like John Edwards???
You mean making 60 million dollars by ruining doctors. Great...
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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:14 PM
Response to Reply #21
22. please explain
thank you.
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genie_weenie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:32 PM
Response to Reply #22
32. John Edwards made his fortune
through medical malpractice suits. Malpractice insurance is causing a number of doctors to quit due to the outrageous premiums. The current system is in bad shape because Lawyers (in general) treat cases as though they are lotteries. Edwards has won a number of mega-compensation cases and has siphoned off a good amount for himself. That's a problem because Lawyers don't create anything but merely transfer monies around taking some for themselves.

I've included a short Law bio:
http://news.findlaw.com/newsmakers/john.edwards.profile.html

TO be fair I have never had to use the services of a Lawyer for something as tramatic or horrible as a death or injury to a loved one but from the bio, "he obtained verdicts and settlements for his clients totaling more than $175 million over his career." Where does this money come from?

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crispini Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:33 AM
Response to Reply #32
68. Dude, trial lawyers are lawyers protecting the people
Have you read Edwards' "Four Trials?" I have. That's some scary shit and those people most certainly deserved lawyers and damages.
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FredScuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:38 AM
Response to Reply #32
70. Helpful that you included a link to a bio that debunks your ridiculous claim
So, I take it you're in favor of letting doctors, hospitals, pharmaceutical companies and manufacturers like Sta-Rite Industries poison, butcher, maim and cripple consumers without any consequences?

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radwriter0555 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:44 AM
Response to Reply #32
72. The cases Edwards defended were infants who were permanently & horrifically
crippled through negligence during birth... he also made a landmark case against the manufacturer and installer of a pool drain that was missing one simple little piece. That public pool drain sucked the intestines out of a 5 year old girl.

Edwards proved that the manufacturer knew about the flaw and the problem, had been made fully aware of it, had seen damage and injuries from it, and failed to correct it, even on new installations.

What are your daughter's intestines worth?

What is your child's brain worth?

We need people like Edwards protecting children from unethical people and corporations.
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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 03:32 PM
Response to Reply #72
90. I want to thank you guys for setting that poster straight
and for posting some much needed information.
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AlCzervik Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:33 PM
Response to Original message
5. well she's all done with Amber Frey now so she needs something to do.
i cannot stand Allred.
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originalpckelly Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:33 PM
Response to Original message
6. I could see how they'd want their money back from the club...
but I don't think there should be or is anything else they can do.
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KT2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:42 PM
Response to Original message
7. Before this blows over
Allred probably wanted to be sure to get a spot on Larry King in case there is a dry spell between "events."

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AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:43 PM
Response to Original message
8. Uh oh, Cat Woman, you stepped in it now! lol
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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:45 PM
Response to Reply #8
9. hey!! I didn't see that thread
goes to show I'm not the only one to see the ridiculousness of this crap.

:hi:
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AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:56 PM
Response to Reply #9
11. no, actually, you'd better go read that thread and get involved
gettin' hot there
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 08:48 PM
Response to Original message
10. I guess Gloria Aldred wants to be in the news again
I wonder what her cut of the settlement will be.
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Lone_Star_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 09:12 PM
Response to Original message
13. You can sue for pretty much anything
Winning is what's in question.

I don't know what kind of real damages they are saying were done, but I imagine they have the right to sue.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:19 PM
Response to Reply #13
25. You can sue for anything if you want to waste money to get a 12(b)(6) (n/t)
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Seeking Serenity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:28 PM
Response to Reply #25
29. Not to mention a potential Rule 11. (n/t)
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:34 PM
Response to Reply #25
33. Nope. A motion to dismiss wouldn't work. It's defamation per se.
I can't believe you guys. Maybe people are thinking this is a civil rights issue. It is not. It is a private cause of action in the same manner as if someone rear ended your car and caused you an injury. Has nothing to do with civil rights. It's a private cause of action for damages.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:37 PM
Response to Reply #33
36. No kidding.
I'm not a lawyer yet, but I am a law student. I'm well aware that we're talking about a private cause of action.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:42 PM
Response to Reply #33
40. How did Richards harm their reputation or character?
I'm unaware that he even referenced their character.
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Seeking Serenity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:48 PM
Response to Reply #33
41. What are the damages? Does California recognize defamation per se?
My state doesn't anymore.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:30 PM
Response to Reply #41
52. The damages could be from $1 or10 million dollars. Up to the jury.
Even if your state abolished defamation per se, they still have a category of defamation that's much easier to prove than others. This is one of those.
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Seeking Serenity Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:38 PM
Response to Reply #52
60. How were they damaged?
Hurt feelings isn't enough. What are their actual damages?
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MazeRat7 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 09:44 PM
Response to Original message
16. Oh my feelings were hurt...oh call a lawyer... oh poor poor me.....
Edited on Wed Nov-22-06 09:45 PM by MazeRat7
Gezzzzz.... the end or times are closer than I thought..... Talk about inappropriate behaviour...



MZr7
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 09:54 PM
Response to Reply #16
18. You should try putting yourself in their shoes for a change. How would
you like it, as a private citizen, if you were singled out and defamed in front of an audience. I guarantee you that more than your feelings would be hurt. One of the people he singled out was not even the heckler.

You guys are confusing the idea of civil rights, with plain old common law rights to sue for damages. The guys were defamed and they are entitled to damages for that. It's a personal matter to each person involved and people should not be so quick to poo poo other people's legal right to be compensated for damages.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:04 PM
Response to Reply #18
20. Oh the poor private hecklers. You know, when I put myself in their shoes I'm
hard pressed to see them as being all that private.

If they have a case for damages, let them give it a shot. But I don't see it.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:22 PM
Response to Reply #20
26. You don't have to believe me. I'm a lawyer who has tried defamation
cases. I have won defamation cases on appeal. There are certain rules about defamation. First of all, as I said earlier, there weren't hecklers, there was a heckler, and somehow you think that it's okay to just slander and defame a private citizen.

Are they second class citizens in your eyes? Do they not have a right to protect their honor, character, reputation and dignity? Apparently and obviously, from the things said on this thread, the episode has sullied their reputations, thus proving my point, that they were defamed. Most certainly they have the right to take pride in their character and reputation but you all seem to think you know what that is, and it's not worth anything. You've already judged these guys and you know nothing about them except for one thing...
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:26 PM
Response to Reply #26
27. As I said, if they have a case make a go of it.
I haven't judged them at all. I think they made a public spectacle of themselves by choosing to participate in Richards' act. It's hard to see how they can claim to be just private citizens targeted by him.

I don't know where you got "slander" from, nor do I see where Richards harmed their reputation or character.

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blogslut Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 01:03 AM
Response to Reply #26
76. How were their reputations damaged?
Seems to me that these proposed plaintiffs are being portrayed as heros or at the worst, innocent victims of a hatemonger, in the court of public opinion. They have the sympathy of the public.
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G Hawes Donating Member (440 posts) Send PM | Profile | Ignore Thu Nov-23-06 01:35 AM
Response to Reply #26
80. Oh, really?
Edited on Thu Nov-23-06 01:49 AM by G Hawes
Ever won a claim in defamation where the basis of the claim was, "someone called me a bad name after I annoyed him by heckling his on stage show?

Somehow, I doubt it.

But, if you're so sure of your assertions, please set out the elements of the cause of action, and set out specifically how you think the elements are met or can be made out in this case.

Thanks,
Grant
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 01:50 AM
Response to Reply #26
81. How does calling someone the "N" word "sullie their reputation"..?
Sorry, but I'm calling bullshit on your claims to:

A) being an attorney
B) your assertion of "slander"
C) Your claim that you have tried these cases on appeal.
D) your claim that constitutional rights aren't involved(see first amendment).
E) your inability to cite ANY case law...even though you claim to have tried these cases.....on appeal no less.
F) the fact that you are throwing around the wrong terminology regarding the potential causes of action.


BULLSHIT

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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 02:53 PM
Response to Reply #81
88. Been practicing law since 1980, what's that , oh yeah 26 years.
But it doesn't matter.You can call all the bullshit you want. Why the hell does it bother you so much that a citizen has a claim against somebody else?
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 03:32 PM
Response to Reply #88
91. Do bald assertions generally get you very far?
I generally don't find them to be compelling, but I'm only a 1L, so what do I know?

Seriously... if you've practiced in this area, you'd surely be able to enlighten us and show some support for your argument that what was said would constitute defamation? So why don't you? Why do you infer that we're racists instead of merely supporting your own argument?
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goclark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 01:15 PM
Response to Reply #26
82. You have my full support
If the races were in reverse we wouldn't be having this same discussion.
If Eddie Murphy had been on that stage, we would be seeing interviews of Eddie from a police car.

If the two young, well spoken,intelligent young men had taken their fists and jumped Richards on the stage to defend themselves, would we be having the same discussion?

The answer to that is "NO" because they would have been put in jail.

If they had even taken to the stage and talked back to him in the same manner they would have been thrown out of the club and probably arrested for disturbing the peace.

So, they did the right thing, they consulted a lawyer for advice.

They have the RIGHT to do that just as GW has the RIGHT to consult a lawyer.
I may not agree with the views of GW but he has a RIGHT to a lawyer!

They did not take the law into their own hands!

Now, on Thanksgiving Day, on a "Progressive" Board whose members should be dedicated to JUSTICE,we feel the need to Blink to make sure we are in the right place.


Shameful.



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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 01:19 PM
Response to Reply #82
83. "Justice" isn't compensation absent damages.
Justice is the same standard for all.

And there is no standard for compensation based on being offended.
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:29 PM
Response to Reply #18
30. They weren't defamed. They were insulted
These are two different things altogether. It is not a tort to insult someone, however much their feelings may have been hurt, or however much they may have been humiliated.
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MazeRat7 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:42 PM
Response to Reply #18
38. Oh give me a break...
Sure I would be pissed and angry at being the target but as an adult in possession of my "own" identity that is where is would end. For me to think I deserve some kind of monetary compensation for being insulted in public is just low class, cheap, and immature.

MZr7


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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:34 PM
Response to Reply #38
55. Sure, sure. You would never ask to be compensated for being injured.
You're too good for that. Somebody hit you in a car, you wouldn't sue right? Too good for that.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:35 PM
Response to Reply #55
57. If you were hit by a car I'd expect you to sue for damages you could
demonstrate.
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MazeRat7 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:24 AM
Response to Reply #55
66. Nice dodge, but there is a big difference between "insulted" and "injured"...
There was no damage done to their physical person or property (injured) only to their ego (insulted).

Sorry but I have no respect or sympathy for people who can not take "insults" for what they are and even less for those that "think" there is an opportunity, given the name recognition, to make $$$ because of it. Oh and did I mention, I have even less respect for anyone who would consent to representing them.

That is my opinion, I am entitled to have it, and it will not change.

MZr7


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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 02:50 PM
Response to Reply #66
87. There are many people intelligent enough to know the difference
between tangible and intangible. Apparently,not many of them are a part of this board. An injury can be tangible or intangible. It's still an injury just the same.
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flying_monkeys Donating Member (519 posts) Send PM | Profile | Ignore Thu Nov-23-06 04:20 PM
Response to Reply #87
94. But by heckling, one of them called the attention on himself....
I think any case about being defamed in public would drop away due to that.


I would also like to know what "intangible" damages these guys supposedly sustained.... Could you clarify that part?
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 04:22 PM
Response to Reply #94
95. Solomon keeps claiming they were defamed but can't point to ANY WAY in which
their character has been damaged by Richards -- or any way in which he even referenced their character.
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flying_monkeys Donating Member (519 posts) Send PM | Profile | Ignore Thu Nov-23-06 11:04 PM
Response to Reply #95
106. Neither can I.
That is what has me scratching my head here - - - Just HOW were their characters actually harmed?


Yes, they were insulted. Yes, they were made to feel bad. Yes, they were reminded that epithets still wound, years later - - but HOW were their own personal individual characters in any way defamed, maligned, castigated, (fill in the thesaurus word of your choice here)?


I just don't see it, and I am a brighter bear than many....


Maybe Solomon can come back and clue us all in?

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PsN2Wind Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:03 PM
Response to Original message
19. "Get Over It"
"Ya say ya haven't been the same since you had your little crash, but ya might be better if they give ya some cash." Ol' Billy was right.
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:27 PM
Response to Original message
28. It's despicable, but surely not tortious
I can't see how a suit would proceed.
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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:34 PM
Response to Original message
34. Hate Gloria if you'd like, but she has actually done a lot
of good by pointing attention at things that most of us consider status quo. Yes, I am sure she is in it for the publicity, but she has changed the political landscape on a lot of women's issues and if she wants to shine a light on the inappropriateness of the "N" word from white people, let her.
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goclark Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:06 PM
Response to Reply #34
48. Very good point


Sometimes I have to rub my eyes to know what Board I've landed on.

My understanding is that people sue everyday for whatever they want to sue about ~ they may get thrown out of court or they may not. But they have the right to complain.

Since Richards did not say it to me, I will not attempt to get into the minds of the two Men. IMO, they handled themselves well in the three interviews that I watched.

I was proud of the way that they handled the entire situation. And,I refuse to beat up on Gloria A., she is a lawyer and she has a right to speak for a client.

I believe that is what America should be all about ~



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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:43 PM
Response to Reply #48
62. Finally. Somebody else who gets it. I feel the same way. Sometimes
I really have to blink hard to see if I'm on the right board.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:45 PM
Original message
So why not cite one case to help elucidate the issue?
You said you've won such cases on appeal; presumably, they'd be reported.
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QuestionAll... Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 03:08 PM
Response to Reply #62
89. this is how I see it...
not likely the lawsuit will end up with monetary gain for the plaintiffs - unlikely that is what they are really after. What I think Allred is doing is bringing this issue up to the forefront to avoid repetitions of this disgusting Kramer behavior.

I don't want to see entertainers (or any public figure) pull off more shit like this, just because they think they can... does anyone here want to see more of this?

oh, and btw...
Can You Imagine... if Michael went into an over the top offensive tirade against two jewish guys in the audience, or a gay couple, etc.? I have a feeling sentiments on this would be a tad different here if that were the case. Black people are supposed to just 'suck it up' and get over it all, aren't they?
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laundry_queen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 04:02 PM
Response to Reply #89
92. I see it the same way.
If THIS lawsuit is what it takes to get public figures to think twice before opening thier pie holes and spewing racist hate filled garbage, no matter who wins, then it will have accomplished what it should.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 04:11 PM
Response to Reply #89
93. Bullshit. Comics and others have ragged on Jews and gays. Even Fred Phelps
with his GOD HATES FAGS protests is protected speech.

As it should be.

(And I am one of those "fags".)
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QuestionAll... Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 04:39 PM
Response to Reply #93
97. but Michael obviously 'lost it' ...
and was not keeping to the script but went off on a personal unhinged scarey tirade - and to me revealing his ugly heart. this is quite a different matter than what I would consider comedic in any way, however distasteful some comedy may be.

If he did an unbridled rage like that against women and pointed at me and started calling me cunt! and whore!, - I'd take that a little differently than just being a general target for sexist jokes.
oh yah, not this shit again, is what I would think.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 05:21 PM
Response to Reply #97
98. The First Amendment does not require a script.
Edited on Thu Nov-23-06 05:23 PM by mondo joe
His heart may well be ugly, but it is not criminal to be so.

And your suggestion that things would be different here if he targeted Jews or Gays is insulting and unfounded.


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QuestionAll... Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 05:34 PM
Response to Reply #98
99. I'm sorry you find it insulting that I may have a different point of view than you do...
and yes, there is foundation to support that people react differently - depending on which group is targeted for the hateful talk.

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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 05:45 PM
Response to Reply #99
100. I don't find different views insulting - only the snide insinuation that the
response on this board is due to racial bias, rather than sincere conviction about the First Amendment.

You suggest it would be different if the subjects were gays or Jews. But this is demonstrably false.

Fred Phelps and his vicious anti gay protests have been argued to be protected speech on this board, as have the KKK marching in Jewish neighborhoods.

There is a long track record of Progressives supporting free speech - even for opponents of gay and Jewish people.

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QuestionAll... Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 08:24 PM
Response to Reply #100
102. there are biases of all sorts here... how is pointing this out being snide?
As Michael is trying to apologize for his words, how can what he did be compared to anything Phelps, and free speech, and the 5th? I think you lost me there. If M stood up and refused to take back his words, based on free speech, 5th, etc., then you may have a fair comparison, but even then not really. I think anyone sane believes Phelps is a misfit damaged creature of hate - that's his 24 hour scthick, it seems.

But I don't think so called regular people having Phelps-like fits of insanity and abusive behaviour as something to easily overlook. As far as this legal case against M goes, - most likely nothing material will be gained by it for the complainants as freedom of expression may become the winner - but the process, the dialogue, the sides that people will take to bring forth the truer condition of how rascism (and all sorts of isms) still thrives in america - I think that's what the case is really about - exposure.

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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 12:11 AM
Response to Reply #102
108. Who said it's easy to overlook? YOU said that if the comedian had
targeted gays or Jews the response HERE would be very different.

And what I'm pointing out is that both gays AND Jews have been the target of WORSE than what Richards did, and yet Progressive gays and Jews have defended their first amendment rights.

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QuestionAll... Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 01:03 PM
Response to Reply #108
118. yes, I did say that.
and repeat it for you:
and I'll stand by it. Looks to me, if a Black person is the target, somehow there seems to be more forgiveness from this community for the perpetrator. and don't ask me for numbers and polls, there's enough IMO to make me take note.

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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 08:44 PM
Response to Reply #118
119. Seems to me like you're looking for bias,
And projecting it.

Thanks.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 10:54 AM
Response to Reply #93
110. Do they pick individuals out of the audience and rag on them in front of
their congregations. What do you think would hapen if they did?

I tell you. A suit against them for defamation.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 10:56 AM
Response to Reply #110
112. No, they protest at funerals with signs that say they're going to hell.
So far you're a lot of talk without one single citation to back up your claims.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 10:53 AM
Response to Reply #89
109. Wow. Somebody else sees through the bullshit. You're right.
A black person is supposed to just suck it up.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 10:55 AM
Response to Reply #109
111. Unless you can demonstrate damages, everyone is supposed to just
suck it up.

I don't suppose you are an ACLU member, huh?
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 11:28 AM
Response to Reply #111
114. This is such a burning issue for you isn't it?
Not one single other lawyer has come on this board and disputed what I've said. So far one first year law student who doesn't know how to read cases, and a lot of people who don't understand our legal system at all.

This is just a private cause of action involving these guys and Richards over him singling out and humiliating them in public. It has nothing to do with black people being able to sue white people for calling them niggers. Okay?

So what..., you weren't aware that there are circumstances under which a person can sue for being "insulted" as you people put it. Apparently a lot of people aren't aware of it.

I refuse to dignify the question "what are the damages"? Especially after listening to that foul tirade. The question presumes that black people are not valued enough to merit protection of their dignity. After all, all he did was call a N*****r a N*****r, right?

Why do you care so much that this guy has a cause of action against Richards? Would you care so much if Richards had hit them in a car and they sued? I don't think so.

By the way, at least I see you admit to the defamation... now you are focused on the "damages". If you knew any law at all you would know that there are some cases in which the behavior is considered to be so outrageous as to not require any special proof of damages.

I've not heard anyone say that the behavior in this case is not hideous, desicable and outrageous, ... or are you now willing to try and go there and claim it was not outrageous... all just so you can try and deny these citizens their right to pursue a claim if they want to.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 11:30 AM
Response to Reply #114
115. Civil liberties are indeed a burning isssue for me.
And you still can't support your allegations.

And again with your strawman: if Richards hit them with a car they could show damages.

What are the damages here?

*yawn*
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:37 AM
Response to Reply #48
69. Oh sure they have the RIGHT to complain.
And Limbaugh has the RIGHT to say what he says.

And we have the right to complain about THEM.
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salin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:40 PM
Response to Original message
37. I am with you...
as horrible as his comments were... a law suit? Serious damage? Give me a break.

The shame is that if it goes forward, Richards will suddenly look more sympathetic - in terms of "sure he was an *ss... but what really did he do to them... they just want to go after some glory and money" and suddenly the message he sent (that there is still a very live wire of racism in America that white folks can pretend isn't there - but that can quickly and violently raise its head) - gets obscured and blurred into the "overly litigous society" meme.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 10:51 PM
Response to Original message
42. If you do decide to sue, Jackie Chiles is the man for the case.


"Lewd, lascivious, salacious, outrageous!"
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Stu DeBeouf Donating Member (144 posts) Send PM | Profile | Ignore Wed Nov-22-06 11:34 PM
Response to Reply #42
56. This new Jackie Chiles angle
Edited on Wed Nov-22-06 11:35 PM by Stu DeBeouf
needs it's own thread...really.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:36 PM
Response to Reply #56
58. Start it!
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Generic Other Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:00 PM
Response to Original message
45. Can you sue if someone calls you a freeper?
Or should you just beat the holy crap out of them?
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Generic Brad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:34 PM
Response to Original message
54. We can sue for name calling?
If I would have known that years ago, I could have been rich today.
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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-22-06 11:45 PM
Response to Original message
64. Allred just wants her name in the press. The victims are pawns.
I saw them on the Today show this morning. They looked offended, but seemed to be handling the situation fairly well.

I think Allred knows that her clients have no financial costs to recover. There is no way that a lawsuit would be worth it. Her idea is for both sides to seek arbitration with a retired judge to determine how much Richards should pay.

Now I definitely support Richards paying something. A large donation to a nonprofit or community center would be a step towards making amends. I think that any expenses or losses the victims actually experience should be compensated. (Maybe reimbursements for cover charges?). However, there do not appear to be any damages here. No one is going to counseling or lost wages over this.

It is a scummy, disgusting, and foul act by a racist idiot. He should feel the consequences of this act. But Allred is an ambulance-chasing fool.
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FredScuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:29 AM
Response to Original message
67. Can we sue Felix "Macaca" Allen?


"Hi! I'm a self-hating Jew who loves the old days when you could call a spade a spade. Yeeee-hah!"
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breakaleg Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:38 AM
Response to Original message
71. I don't think they want money because they are so damaged by what he said.
I think they want him to suffer or pay in some way for what he said. And legally he's entitled to free speech, so this is the only way. Not saying that I agree with them, just that it's where they are coming from.
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mondo joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:46 AM
Response to Reply #71
74. Um, but wouldn't damages be required for him to pay?
What's the basis to him paying if there are no damages?
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alittlelark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 12:45 AM
Response to Original message
73. I had a recently created ex-bf use the c-word on me
It was the first time ever and since.

It was so shocking as to have made me call an Allred if I had thought about it...(finals were the next week).
It really was a major shock.



PS - I did brilliantly on my finals.
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 01:25 AM
Response to Original message
78. There's not enough money in the country to handle that precedent.
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TK421 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 01:29 AM
Response to Original message
79. If you can quote McCready from The Thing, you already have my respect!
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CatWoman Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 01:35 PM
Response to Reply #79
84. LOL
I love that movie!!

:hi:
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NaturalHigh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 10:23 PM
Response to Original message
104. The next time someone calls me a cracker or a redneck...
I'm going to sue the hell out of them. Hey, what's good for the goose...
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MODemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-23-06 10:33 PM
Response to Original message
105. They were heckling him, what were they saying?
It's a stupid thing for Richards to retliate with racial slurs; but isn't there two sides to this story? :crazy: :crazy: :shrug:
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flying_monkeys Donating Member (519 posts) Send PM | Profile | Ignore Thu Nov-23-06 11:17 PM
Response to Reply #105
107. My understanding is it was usual heckler stuff....
Edited on Thu Nov-23-06 11:18 PM by flying_monkeys
The usual "You are not funny" type stuff, nothing that warranted Richards bringing up race in the first place. The leap to racial stuff was all Richards.... probably because, deep down, he is rather racist and people talking thru his act somehow triggered that racism he harbors inside.


He is a bigot for bringing race into the situation - - but that doesn't mean I think he owes them monetary compensation. Being a bigot isn't against the law.... And insulting entire races doesn't fit the slander or defamation of character statutes. It fits the "You are a Has Been" statute - - but that is an economic punishment, not a civil or criminal one....


(Kinda makes me wonder, if he is that bigoted against black men, who else is on his hit-list of "barely-surpressed bigotry" targets? I wonder, if some women start to heckle him, would he show his rage against women? How about some Jews heckling him? Mexicans? WHO ELSE would he hold in contempt if they interrupted his act? And HOW has he kept this bigotry under wraps for so long - - I mean, if you do public performances, you are going to run into hecklers periodically - - so how has he kept this inner crap hidden for so long? Hmmm )
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MODemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 12:41 PM
Response to Reply #107
117. I've heard Richards wasn't a good comedian outside of Seinfeld
If he can't hold his temper and take a little ridicule, he needs to get out of the "funny" business.
Why do people use racist remarks to insult someone; when he could have just said, well, the door works
both ways. You came in and you can leave the same way. Or smile and say nothing at all. I'm always so
disappointed when something like this happens, someone who has been so well thought of.

In my case, I'm and old female, but it sure would hurt my feelings if someone insulted with a remark
reminding me of something I have no control over.

Shame on him :+ :+ :+ :spank: :spank:
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LWolf Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 12:38 PM
Response to Original message
116. I think I'm culturally clueless.
I can't hear that word without cringing; I was raised to consider it a term of hate.

I don't maneuver the twisting paths of who it's ok for, and who it's not ok for. I don't understand why it's ok to use it within the black american culture, but not outside of it. I'd rather just not hear it at all.

Lawsuit? Over the top, in my opinion. I probably would have been the one arrested, had I been in attendance. I would have incited the group to throw all their beer bottles at him and chase him off the stage. That would have been good enough for me. That, and the fact that his career ought to be in shreds at this point. Who in their right mind would take an after-the-fact apology? :shrug:
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-24-06 08:48 PM
Response to Original message
120. It's not that they were called 'that name', CW
I think the issue is Richards potentially inciting the audience against the hecklers, along with fond remiscences of lynching.
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