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October 04, 2004
Wizbang to be Sued?

Posted by Bill

Say Anything has the details. I'm sure that the Wizbang guys did their homework, so a lawsuit looks like a silly idea.

Posted by Bill at October 4, 2004 07:34 PM | TrackBack (0)

Comments

Wizbang might contact the Media Law Resource Center. Looking at the libel faq on their site, it seems USU and/or Hailey would have a very difficult time prevailing in any litigation.

http://www.medialaw.org/Content/NavigationMenu/Public_Resources/Libel_FAQs/Libel_FAQs.htm

Posted by: Mark Wilson at October 4, 2004 07:49 PM

Its typical intimidation tatctics that big fish try on small fish. Corporations do it all the time. The only issue is the accusation of fraud, which wizbang retracted anyway. I don't know about taking stuff off their server, though.

Posted by: ctob at October 4, 2004 07:56 PM

USU needs to remember "the guilty dog barks the loudest".

Posted by: Pete at October 4, 2004 08:00 PM

Any first year law student could tell you that this is bullshit.

Let's look at the facts, shall we?

All this lawsuit bullshit is coming from one blogger who doesn't know shit about the law.

Wizbang is not going to be sued. Jackasses with money (especially when it is not their own money, like a university) sometimes like to pay a lawyer hundreds of dollars to send an idle threat to scare someone.

Filing a lawsuit means throwing thousands down the hole. Actually trying to push your frivolous lawsuit to the bitter end could cost you in the tens of thousands of dollars.

If any blogger gets sued there are plenty of 1st amendment groups that will come to their aid and handle their legal bills.

The only thing bloggers need to fear is fear itself, and since Wizbang put its tail between its legs that just shows legal intimidation works. Giving in is like paying off terrorists for hostages: all it does is engourage more terror.

Posted by: Kaltes at October 4, 2004 09:00 PM

Could I suggest--along the lines of your earlier note about commenters' not reading the freaking post--that we're all slipping into a tendency toward "gottcha" journalism?

It's not just CBS, it's not just the bloggers. But we seem to be developing a knee-jerk reaction to anything that seems the least bit off.

Maybe somebody can come up with a plug-in that delays commenting until 10 minutes of reading time have passed? Or 10 minutes post-broadcast, or 10 minutes after a newspaper article has been read?

Only after stupidity --and commmon error--have been ruled out should we be jumping to the conclusion that nefarious hands are at work.

We on the right are supposed to be the smart ones that Mom loved best. Let the morons at DU and Indymedia claim the low ground.

Posted by: John at October 4, 2004 09:11 PM

Maybe somebody can come up with a plug-in that delays commenting until 10 minutes of reading time have passed?

ha! I'll see if I can scare up some venture capital. The problem is, these same instincts have driven the rush to gather info for centuries, and this is the natural expresion on the fastest medium - the internet. The hope is, the marketplace of ideas will sort it out.

Look at the John Kerry debate kerfuffle - we brought up the idea and then found the truth and clarified within what, 24 hours? Not bad.

So, the difference between us and the indymedia kids that mom didn't love is the fact that we actively seek out the truth. And settle for no less.

Posted by: Bill from INDC Journal at October 4, 2004 09:38 PM

Bill is right. Stories don't come pre-packaged (unless you just regurgitate AP and Reuters), so they evolve over time as new information in learned.

The video and pictures were compelling. They raised questions, and those questions have been answered. Kerry broke the rules, but it turns out that given the bad quality of the video some of the speculation became outdated once a clearer shot was available.

I think the speculation was reasonable given the evidence. The conservative bloggers are to be commended in how quickly they presented the exculpatory evidence. I can't say the same for some of the nonsense coming out of blogs like kos, atrios, and oliverwillis

Posted by: Kaltes at October 4, 2004 10:06 PM

Let those jerks come after me.

I live in California, and we do have some good Free Speech Laws.

Anti-Slapp, google it...

Most bloggers don't have a clue as to what the law is, and they probably don't need to, but they should at least learn waht is allowed and what is not.

As long as what I say is true, truth is a defense.

Some discussion forums believe anything someone says about fair use, opinion, truth, etc, and over moderate and censor.

There are already quite a few legal precedents protecting your speech, and if ever questioned by some jerk's lawyer, simply print them out, send them that, and Bring It On...

Some should simply hit preview a couple more times before thay hit post.

Regards,
Sonar5

Posted by: Sonar5 at October 4, 2004 10:35 PM

This would be about as dumb as Bush suing Michael Moore.

That said, university types are generally VERY left and often not very bright in the real-world sense.

Posted by: TallDave at October 4, 2004 10:48 PM

I'd like to see that. Wizbang was somewhat inflammatory in their early remarks on the subject, but in the final analysis all they did was fact-check the professor.

I doubt the University would enjoy having this story on TV every single day. They are wrong, the professor is wrong, and the only thing a lawsuit would achieve is to put the University in a brighter spotlight and the shoddy resarch into the forefront.

Posted by: Chris W. at October 5, 2004 11:09 AM

To much attention has been placed on what is in his left hand. I ask everyone to review any replays they can find and look closely at his right hand as he comes around the podium. Is there something in his right hand? As he stands at the podium the flat white object is brought up by his right hand and placed on the podium.

Posted by: John Pope at October 5, 2004 12:42 PM

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