Memeorandum


Powered by TypePad

« Civil War? | Main | Why Did We Bother? »

August 17, 2017

Comments

rse

And if she can get over the malice hurdle, then sullivan ceases to be the shield for deliberately deceitful narratives it has become.

henry

Chitown Lurkbot claims first

rse

First?

rse

Tell him nanny nanny booboo.

Actually I just did.

Bet I get a text.

henry

Fact checking not part of editing. OK.

henry

depended in part on whether the author of the editorial was aware of other articles

that's a break I'll never get under SarBox.

James D.

that's a break I'll never get under SarBox.

And it's a good reason for the Sullivan decision to be gutted. Why should the press get a privilege that no other industry gets?

Ralph L

rse, drunk at 9 am

Appalled

There should be consequences to repeating a long debunked meme that was probably libelous when it first appeared. Hope she wins.

cboldt

Sheriff Clarke gets some column space in "The Hill

It’s remarkable that the political left continues to treat Antifa and Black Lives Matter as mainstream movements.

The political right is on that bandwagon too. #NeverTrump

rse

Huh?

Ralph L

One of the points in Sarah's suit was that the correction the failing NYT made at her insistence did not include her name. It just said "a PAC" was found not responsible for inciting the shooting, and left her name in the original text. Sounds like malice to me.

cboldt

Judge Rackoff is going through "sufficient motions" so his predetermined conclusion (NYT is off the hook) is given the appearance of being reasoned.
NYT v. Sullivan standard is NOT, "in fact knew." The standard includes "reckless disregard of whether it was false or not."

henry

About that global warming. Winter 10 days early in Arctic. I better go cut down some trees.

Clarice Feldman

Simply by looking at the published bios of the editors of the nYT, days ago I surmised Williamson and Bennet wrote the editorial. Their bias was that clear from their backgrounds.This is not hard.

DebinGA

Did any news outlet castigate Giffords for having a "constituents meeting" in a Safeway parking lot on a busy Saturday morning? People pushing grocery carts to their cars shouldn't have found themselves inadvertent cannon fodder at a political event they didn't choose to attend.

sbw

Thanks, cboldt and OL, for the info on the Ledge. Reassuring.

henry

statue toppling fest set for Friday.

Hit them with sprays of soap and water... it's their weak point.

Clarice Feldman

I'm not sure about that, cboldt--in fact the entire procedure of allowing questioning under a motion to dismiss is most unusal and signals an unwillingness to just todd the case. He said the authors needed to appear. Williamson did not. He reminded Pallin that she had a continued right to call Williamson and I think she will do that. If it isn't reckless disregard to publish an incendiary charge years after it was debunked in that very publication, what is?

He's a well regarded judge and may just want to put a notch in the overbroad interpretations of Sullivan.

James D.

Yeah, the WaPo is objective and fair...

https://pjmedia.com/trending/2017/08/16/washington-post-reporter-smears-iraq-war-vets-potential-extremists-shilling-hezbollah-terrorists/

narciso

One of the dissolutioning things is many of the same people yes Dr. K, men Rubin who said the huntress should defend herself against this blood libel are the ones who 6 1/2 counsel surrender against this other agitprop.

Yes James D, they give more weight to the party that slaughtered 300 some marines

Clarice Feldman

https://amgreatness.com/2017/08/16/really-fault-charlottesville/ Conrad Black on C'ville.

Clarice Feldman

Video of a study of BLM--It's to reshape our thinking about the US and make us think it was always simply about repression and racism. It has no intention of improving black lives:https://www.youtube.com/watch?v=eOoRjiZG1b4

Clarice Feldman

The NYT editor Bennet who obviously lied on the stand, is the brother of Sen Bennet (D, Col).

Appalled

henry:

This is what they are targeting in Atlanta:

http://buzz.blog.ajc.com/2017/08/14/atlantas-peace-monument-desecrated-by-protesters-champions-unity-not-the-confederacy/

It's not a Confederate War Memorial (and pj media needs to correct their reporting). Police said they should have arrested people at the last protest, which caught them by surprise. Wouldn't be surprised by arrests if they try it again.

cboldt

Clarice - Why wouldn't Williamson just "lose by default" and be forced to trial?

I'm obviously a total cynic when it comes to judicial process in a controversial case. Outcome first, rationale later. Precedents and the ability to read them for any proposition enables this. And if that isn't enough, appellate courts have the power of unlimited hallucination.

Clarice Feldman

Possible, they'd want to lose the motion to dismiss and go to trial, but my guess is not. I think if they lose the Motion they'll settle. The editorial was quickly corrected and she's asking for an acknowledgment and apology more than she is for big damages.

___

From insty:https://us-mg6.mail.yahoo.com/neo/launch?reason=launch_error&ec=17

Rocco

From a freeper. This Crowds on Demand company needs to be shutdown immediately.

https://charlotte.craigslist.org/tlg/d/need-conservative-actors-to/6267628172.html

-peter

Rse, thank you for your posts about "World Savvy" Google their website and they seem like an innocuous, if terribly bland educational foundation until you start researching who their officers are and c what Soros groups they belong to. David Horowitz has "discover the networks" on his site but nothing on World Savvy yet. Thank you

Clarice Feldman

http://dailycaller.com/2017/08/16/in-their-own-words-the-radical-political-goals-of-anti-fascists/?utm_source=site-share

anonamom

Why can't Chitown Lurkbot post for him/herself, and why do you do so for him/her, henry?

Been meaning to ask for ages.

Clarice Feldman

Business reasons, anonamom.

henry

anonamom, our friend has issues with his work and regulatory constraints on what he posts. I post because i was asked politely.

cboldt

I was thinking more about Rackoff. There is a world of difference between telling Palin she has a right to question Williamson before the judge rules, and telling NYT that it's motion to dismiss will be denied if Williamson doesn't appear.

I haven't followed the details of the case or NY Anti-SLAPP procedure (except usually, "New York's anti-SLAPP motion does not halt discovery"), but based on what little I know, I think the judge has already gone out on a limb in favor of the NYT.

Is the judge presuming the witnesses are telling the truth? Is he going to take that judgment out of the hands of the jury?

Dave (in MA)

If you want to claim first, man up and post. :)

Comanche Voter

Rakoff (not "rack" off) has a well deserved reputation as a tough cookie. Now he's gonna do what he's gonna do. But if he decides that he's going to stick it to the NYT he's going to stick it good and hard. OTOH he may want to let them off. So we'll just have to wait and see.

Ignatz Ratzkywatzky

Is this a motion to dismiss under antiSLAPP?
I don't believe New York's antiSLAPP law should apply. IIRC it only applies to statements made before public hearings and tribunals.

henry

NPR letting them down easy?

JimNorCal

Focus group discusses their feelings about Trump re: CVille.
https://www.youtube.com/watch?v=fkpK8ga4K_g


The group is small, consisting of 2 black ladies and one white lady. Two minutes. They, like us, are solid.

Clarice Feldman

I see no sign that J Rakoff wants to let the NYT off. Motions like this are almost always decided simply on the pleadings with no testimony taken or allowed. I think Bennet's testimony creates enough doubt about intent to defame to allow the case to proceed to full discovery and trial..

-peter

Clarice, don't you think that Rakoff's procedure takes away Palin 's right to liberal discovery?

Tom Maguire
He's a well regarded judge and may just want to put a notch in the overbroad interpretations of Sullivan.

This is Federal court, yes? Can she appeal this as high as she wants, assuming money no object? Or can the judge kill it forever with a dismissal?

rse

a-mom-and I was joking because the lurker and I were texting about the eclipse. I met him years ago when I was looking at colleges with red.

You are welcome peter. world savvy first came on my radar because Texas made a big deal about not signing up for the common core but they were working with world savvy on implementing their EdSteps.

Barbara

Dave in MA,

Yesterday, after I clicked on your LOL photo of a fainting couch (recommended for pearl clutchers), every time I clicked on a link to a new story the ads on the page were from Amazon - for fainting couches! Best price was $248.00.

Maybe Jeff Besos has an over supply at the Washington Post.

boris

After reading a bit of Clarice's spengler link and Instapundit's Shibley's USAtoday my contrary conclusion is dimorats needed an event capable of "trumping" the GOP baseball shooting and set about to create one.

Not about suppressing speech, slave history, confederate statues, Civil War, neo-nazis, or KKK at all.

cboldt

TM - if Plain loses, she can appeal, because the decision is final.

On the merits, seems to me Rakoff (no see) hinges his decision on what the author knew, period. See August 10 Order in SDNY Case 1:17-cv-04853-JSR.

This does feed the logic that ignorance of fact is a perfect defense, such that my assertion that Judge Rakoff is a pedophile is perfectly protected, because I don't know for a fact, that assertion is false, and it will serve me well to not make any effort to find out, either. I take it that, in Rakoff's world of libel law, deliberate ignorance can not be reckless disregard.

Clarice Feldman

No, peter. If she survives the motion to dismiss, she'll get full discovery. Normally no discovery is allowed on such motions.

rse

peter-this is the post from 2013 when I first called attention to world savvy and how its work is how both Texas and Virginia got the classroom impact of the Common Core standards while pretending they had not adopted them.

http://invisibleserfscollar.com/mystical-marxism-shapers-of-our-current-world-system-or-building-new-mental-software/

boris

Pardon, parsing this "if Plain loses, she can appeal, because the decision is final" ...

Same as "if Plain loses, she can [immediately] appeal, because the decision is final" ?

Barbara

Love that video, JimNorCal. Thanks for posting it.

Dave (in MA)

Barbara, I looked at some listings for some headphones on Amazon at least 6 months ago and every once in a while when I go to an unrelated site, those phones still pop up in ads.

jimmyk on iPhone

--NYT v. Sullivan standard is NOT, "in fact knew." The standard includes "reckless disregard of whether it was false or not."--

Seems to me that not bothering to take 10 minutes to check if something is true, when it was debunked in your own publication, should qualify as "reckless disregard."

anonamom

So, I've got a business. Beasts has got a business. Henry's got a business.


I'm not being obtuse---should we all be more concerned about anonymity?

Those of us not brave enough to post under first and last name, clarice, or ID ourselves as teh wife of a a writer.

Clarice Feldman

Let's wait to see if Pallin calls the principal author williamson who just couldn't make it the other day. She was I believe (unlike Bennet) working for the nYT during the original stories. And of course, J Rakoff could just discredit Bennet's surely incredible testimony.

Clarice Feldman

I think so, too, jimmyk

Clarice Feldman

Anonamon, he;s an employee operating under rules and "anonamom" should you be making this argument? Heh

cboldt

Ignatz - I was mistaken on application of Anti-SLAPP. The Motion to Dismiss is purely 12(b)(6). The OpEd was "of and about" the PAC, not Palin; it is not possible to prove Loughner was or was NOT motivated by the PAC publication; and it is not possible to even plead (let alone prove) actual malice in this case - the correction is proof there was no actual malice.

rse

https://www.city-journal.org/html/whos-next-george-washington-15396.html is the harry stein article tonto alerted us to yesterday.

Captain Hate

BI has a long memory, Dave.

cboldt

Boris - Yes, she could appeal straightaway. Losing this motion would be the end of the line for her in trial court.

Ignatz Ratzkywatzky

I think antifa should go over to Rome and start yanking down and kicking those damned Roman statues and monuments.
I'm sure the wops would welcome them with open arms.

henry

Anonamom, given the leftist puritanism of Silicon Valley I worry on occasion. However, I'm not constrained by the usual funding sources, the tech I use is not controlled by SV firms, and the "recommenders" of my class of products never liked me anyway (no worries, its mutual). I suppose a focused SJW assault could happen -- my dad & partners took one in the shorts at Carbonite (and the partners were all in lefties). No safe spaces, and knowing the technology used, anonymity is a mirage anyway.

anonamom

never mind--I missed henry's explanation on my first blow through. I kinda get it, but not really.
Are there actually employment contracts/partnership agreements where you promise to not post on the internet anonymously?

(Don't worry, I don't for a second believe any of these keystrokes can't be revealed by an interested party.)

Captain Hate

Speaking of IT matters that make you scratch your head, I found out recently that Progressive Insurance doesn't have a disaster recovery plan. Maybe Peter Lewis was getting high every time funding for it was discussed.

Janet the expert 🚬

Jim's 11:01 link is wonderful!

cboldt

If the truth is never published (e.g., publish a conclusion that Palin's ad is not clearly linked to the Gifford shooting), it seems to me that the Rakoff standard is that a false statement about a public figure can't be libel.

Why is the presence of a truthful statement (a necessary predicate to knowing there is a truthful statement), or a correction, pivotal to deciding the motion to dismiss?

Seems to me, this logic is a disincentive to making corrections. The Constanza defense to libel - it isn't a lie if you believe it is true.

henry

CH, a note from our lurking one:

Tell CH PGR (Progressive Ins) made a new 52 week high today. Just in time to price some cheap long dated puts...

Captain Hate

Jim's 11:01 link is wonderful!

Contrast the poise of those women to the shrieking nancy boy who Rupert and his brats inflict on their declining audience.

Captain Hate

henry, that's surely because I renewed my auto policy yesterday.

GUS

Anonamom, that is exactly why I spanked the shit out of TBT. I know EXACTLY who he is. He would stalk Clarice and Jack and use personal/professional info against them. He is a sick puppy and if he stalks others, he'll pay a price. He made NUMEROUS posts about me being a pedophile at GUITAR CENTER, when he knew I was a guitar collector, he made NUMEROUS POSTS vis a vis my brother, when he knew my Brother was State Department Diplomatic Security.
He has no idea who I am, but he made NUMEROUS POSTS about my hard drive being investigated and my world falling down. He's sick, and he uses info in attempt to intimidate. I know who he is and where he lives. He decided to stalk, he failed.

henry

van attack on pedestrians in Barcelona...

2 dead


Follow on armed assault on a restaurant, 2 men.

Called "terrorist attack"-AFP

shoot out in market

cboldt

BBC on Barcelona - "El Pais newspaper said the driver of the vehicle had fled on foot after mowing down dozens of people."

cboldt

#Barcelona "UPDATE: looks like Palestinian-style vehicle attack on crowd outside #Barcelona kosher restaurant, then armed terrorists entering, shooting"

GUS

Sounds like Trump's Nazi's.

Skoot

A while back I learned there are 20 million slaves in the world today. So I looked up how many Africans were brought to the US. I was surprised to learn it was less than 500 thousand. This passage from Henry Louis Gates Jr.

Between 1525 and 1866, in the entire history of the slave trade to the New World, according to the Trans-Atlantic Slave Trade Database, 12.5 million Africans were shipped to the New World. 10.7 million survived the dreaded Middle Passage, disembarking in North America, the Caribbean and South America.

And how many of these 10.7 million Africans were shipped directly to North America? Only about 388,000. That's right: a tiny percentage.


In fact, the overwhelming percentage of the African slaves were shipped directly to the Caribbean and South America; Brazil received 4.86 million Africans alone! Some scholars estimate that another 60,000 to 70,000 Africans ended up in the United States after touching down in the Caribbean first, so that would bring the total to approximately 450,000 Africans who arrived in the United States over the course of the slave trade.

Incredibly, most of the 42 million members of the African-American community descend from this tiny group of less than half a million Africans. And I, for one, find this amazing

Don't want to be your Slave

None of the ignorant fools spitting on Gen. Lee give a rats ass about slavery. They're surrounded by it.

cboldt

0HOUR1 sez "#Barcelona seek shelter ongoing gun battle in the streets this is a terrorist attack ongoing."

Captain Hate

Brazil is the biggest slave offender which you'd never know from the usual suspects.

cboldt

Driver of the van is entrenched w/hostages in a Turkish restaurant near the Boqueria, according to TV-3. #Barcelona

derwill, yet another adorable, irredeemable deplorable

If you accept the premise that statues and memorials of men who were slaveholders must be destroyed because some find them offensive, then it follows that statues and monuments of George Washington, and that previously-esteemed DEMOCRAT President Thomas Jefferson must be destroyed. Might as well throw in DEMOCRAT President Andrew Jackson too, since he was an "Indian fighter," and that's genocide, which rhymes with Nazi, and that stands for evil white person.

I think the MSM/Dems/GOPe should be forced to take their argument to it's logical conclusion. Make them say out loud on TV that the Washington and Jefferson memorials must be blown up and all their statues must be removed. That all cities, schools, and public buildings bearing the names Washington, Jefferson, Jackson must re-named. That their faces must be removed from our currency. Encourage Antifa to demand that this be done and then encourage them to riot when it is not.

Captain Hate

Henry Louis Gates, when not acting like an asshole to the police protecting his property, has done some useful research for a general audience.

DrJ

Headline (WSJ):

President’s Business Councils Disband After CEOs Defect

Of course those Business Councils just decided to disband themselves. No human act was involved!

DebinGA

"Barcelona" reminded me of the numerous BOzo grifter gals' vanity trips at taxpayer expense.

Porchlight

Absolutely, derwill. Why stop at the Confederacy?

Make them defend their assertions and follow through.

derwill, yet another adorable, irredeemable deplorable

In fact, let's take the Left's logic further. The Democrat Party was the party of the slaveholders and the party of Jim Crow. Shouldn't the Democrat Party be shunned and ostracized today for these racist crimes that their Party committed in the past? Doesn't voting for a Democrat today mean you are endorsing their past racism?

Why shouldn't today's registered Democrats be forced to make reparations for the evils their party committed in the past? Make Pelosie and Hillary get on TV and denounced their party's past racism and beg forgiveness for their sins. How can this country heal if the Democrat Party will not admit, accept and atone for their past racism?

Miss Marple the Deplorable

I am back. CBS Radio News reporting President Trump's comments on statues in a mocking manner.

Ran to drop something off at my youngest sister's and discovered she is putting her house on the market. Too many stairs (she had a knee replacement last fall) and neighbors have changed and are not as pleasant. She's looking for a ranch with no steps.

I was surprised how much this depressed me. For many years we have had Mother's Day and Fourth of July gatherings there outside in her large patio area, which she always has surrounded by beautiful flowers. I will miss that.

Plus, I always comforted myself that she had starts from the roses and shrubs I left behind, and now those will be gone, too.

daddy

Ongoing Terror attack in Barcelona: Live Barcelona terror attack: Multiple casualties as van ploughs into crowd at Las Ramblas

Janet the expert 🚬

Amen, derwill.

narciso

So lets consider what Carlos slims chimp didn't think was of note 6 1/2 years later!
A corrupt official kept the son of one of his employees on the streets, he rampages and killed did in his delusion including a six year old. There was no connection to anything Palin said or did, yet they bootstrapped this a attempted multiple political assassination, sanctioned seemingly by his two senators

Old Lurker

How many things wrong with our system today can you spot in this one story?

http://nypost.com/2017/08/16/court-worker-butt-dials-reporter-admits-he-barely-shows-up-for-166k-job/

RattlerGator

(concerning this completely orchestrated event in Charlottesville, the home of probably the most liberal public university in the South)

After reading a bit of Clarice's spengler link and Instapundit's Shibley's USA Today my contrary conclusion is dimorats needed an event capable of "trumping" the GOP baseball shooting and set about to create one.

Not about suppressing speech, slave history, confederate statues, Civil War, neo-nazis, or KKK at all.

Posted by: boris | August 17, 2017 at 11:13 AM

Agreed, boris, but it's a ploy that is destined to fail in large part because Donald Trump is Donald Trump and not some CharlieBrownLovingRepublicanGOPe.

That, and the fact this play by these idiots is transparently false, transparently stupid.

* * *

A while back I learned there are 20 million slaves in the world today. So I looked up how many Africans were brought to the US. I was surprised to learn it was less than 500 thousand.

Posted by: Skoot | August 17, 2017 at 12:04 PM

Thank you for noting this, Skoot. The mythology surrounding slavery in the United States (the unacknowledged truth is that the outrageous practice was nevertheless *far* less brutal here in the USA than in the Caribbean) is an area ripe for objective study. But that's not what we have today. Not at all.

cboldt

New reports say the death toll is now at least 6 dead in #Barcelona van attack.

Some of the pics and videos are graphic - I'll be surprised if the casualty number stays that low. Big van, crowded sidewalk.

daddy

3 days back the press reported that just outside Paris a guy drove a car into people sitting at an outdoor cafe, killing at least one child. It was amazing how quick the word came out that it was not Terrorism.

A man believed to be under the influence of drugs — and possibly suicidal — deliberately rammed his car into a pizzeria east of Paris on Monday night, killing an adolescent girl and injuring her younger brother and 12 others, authorities said.

The driver was immediately arrested in what was the latest of several attacks in France and elsewhere using a vehicle as a weapon. The local prosecutor said the man's actions in the dinnertime attack in the town of Sept-Sorts were clearly deliberate, but not terrorism-related.

No particulars identifying the suspect were ever put out by the Press so I remain skeptical.

henry

Apple's new office: death by millenialism. The old open plan trope will be enforced. It has failed everywhere but is always the wave of the future (kinda like socialism/communism).

cboldt

BREAKING: At least 13 people dead after vehicle attack in #Barcelona, hostages still taken. #lasRamblas 1m ago

cboldt

I'm a fan of James Burnham's 1960's essay, "Suicide of the West" Can't really be called precient, because the diminishment of the West was well underway by then.

Skoot

A shame about Barcelona and La Ramblas. Visited there once and really enjoyed it. Some of the best rock climbing in the world just south of there along the Costa Brava.

Largely unknown when I visited in the 90's it has been recently developed by Chris Sharma, Daila Ojeda and friends. Definitely going back, terrorists or not.

Prayers for the dead and injured.

cboldt

Police confirm 13 people have died after a van drove 500m down La Rambla striking pedestrians. Attackers fled & are at large

DebinGA

Daily Mail re North African Muslims pouring into Spain via rubber boat beach landings.

Miss Marple the Deplorable

Sundance is doing a daily recap of the NAFTA negotiations. This is Day 1:

https://theconservativetreehouse.com/2017/08/16/nafta-day-1-recap/#more-137297

Dave (in MA)

Who knew the KKK was in Barcelona?

The comments to this entry are closed.

Wilson/Plame