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20 minutes could be libel

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In the age of social media, it is important to remember that while you may appear anonymous in your postings, chances are that you can be identified if someone works hard enough. If you handle your postings through Uzbekistan or Turkmenistan, you, might be harder to track, just ask the Democratic National Committee, but most Americans can be tracked down because we aren’t nearly devious enough. So if, in a political cat fight, you accuse a member of the other side of being a child molester, it could go badly for you.

Here’s the facts as laid out in a recently completed jury trial in Cherokee County, Georgia. The Tea Party Patriots and a rival group, the Tea Party Express, were having a tit-for-tat argument as rival political groups are want to do. Mr. James Lyle, the ultimate plaintiff in the case, was the significant other to Amy Kremer, who had left the Patriots and helped the Express get its footing. Lyles and Kremer were in the crosshairs of the Patriots because of supposed theft of email lists, contributor lists and such when Kremer left Patriots. Mr. Lee Martin, an officer of the Patriots, put up a post on Facebook, under a false identity of Dale Butterworth, accusing James Lyle of being a child molester. Butterworth, err Martin, made the accusation that Kremer’s daughter had accused Lyle of abusing her and that Kremer had kicked her own daughter out of the house. “Would you side with a child molester over your own daughter just to keep a roof over your head?” the post of Butterworth, err Martin, read.

It was alleged that the post was only viewable for 20 minutes before Butterworth, err Martin, took it down. The “24 hour rule” about not sending a snarly letter until you’ve had 24 hours to think about it would have been a good idea here.

A general law reminder here: Libel is when something false and damaging about someone is printed, slander is when something false and damaging about someone is spoken. Obviously someone can both slander and libel a person, but in this case, it is libel because it was printed (posted on Facebook).

After a jury trial, the jury returned a $833,000 verdict against Martin AND the Patriots. One of the interesting arguments for the Patriots being liable for Martin’s actions was that the Patriots picked the lawyer for Martin, therefore the Patriots were all in this case. The case may get appealed, as these things are wont to do, so a final decision may be a year away.

But in this age of Twitter, Instagram, Flickr, Tinder and Facebook, it is important to recognize that a post, tweet, text or whatever is potentially a libelous act. The length of time it is posted is relevant only for the issues of damages. The longer it remains up, the stronger the damages one can expect. And in  the political realm where people tend not to “forgive and forget”, calling someone a child molester may result in a hefty penalty. 

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Democrats

16 states hit 9th Circuit to sue President Trump, as expected

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16 states hit 9th Circuit to sue President Trump as expected

It was one of the most replayed parts of President Trump’s announcement regarding his national emergency declaration last Friday – a sing-song moment as the President predicted the declaration would be made, Democrats would sue, they’d go through the 9th circuit, and their decision will hopefully be overturned by the Supreme Court. So far, he’s been absolutely correct as 16 states have filed against the declaration.

New York, California, 14 other states sue Trump in Ninth Circuit over emergency declaration

https://www.foxnews.com/politics/new-york-california-sue-trump-in-ninth-circuit-over-emergency-declarationThe attorneys general of California, New York, and 14 other states on Monday filed a lawsuit in the Ninth Circuit against the White House’s recent national emergency declaration over border security, claiming President Trump has “veered the country toward a constitutional crisis of his own making.”

President Trump sarcastically had predicted the lawsuit last week. He’s slammed the Ninth Circuit multiple times as “disgraceful” and politically biased.

My Take

This is their right, and while it may annoy those who support building the border wall, it would be a mistake to condemn these states for trying to stop it. This is part of the way our nation is intended to operate. If one or more states feel the need to challenge the authority of Washington DC, they should be able to make their case before the courts. If the courts make decisions based on the Constitution, then the end result will be the accurate and righteous one.

That’s how this was all intended.

I’m not suggesting the 9th Circuit is going to treat this fairly, nor am I confident the Supreme Court will make its decision solely on the Constitution, but until things are changed, this is what we’ve got. Attempts to subvert any component of this system from the President’s right to declare the emergency to the states’ rights to challenge it to the courts’ responsibility to make a ruling about it all would be to denounce the foundation upon which this nation was built.

There was a way this could have been avoided. Had the President and the GOP decided to have the debate over the wall while they had power over the House, Senate, and White House, they would have been in better position to get the wall going by now. Unfortunately, they an improper political calculation to hold off on the wall debate until after the midterm elections, and now it’s costing the American citizens. It costs us money to sit here through the shutdown and the legal battle over the national emergency declaration. It’s costing us time; the wall should be much further along by now. It may end up costing us the wall altogether if they aren’t able to make a strong case before the Supreme Court.

We are in the midst of a crisis at the border, one that has been going on for decades. Let’s not exacerbate the crisis by adding a Constitutional crisis on top. This needs to play all the way out.

 


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Media

Liz Wheeler on the most disgusting part of the Jussie Smollett scandal

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Liz Wheeler on the most disgusting part of the Jussie Smollett scandal

There are plenty of things about the Jussie Smollett scandal that should disgust us. The instant reaction by celebrities, politicians, and the media is right there at the top, especially when we consider how many are now saying, “let’s wait for the facts.” The notion that a successful gay black man thought it appropriate to make himself seem like a victim is also up there.

As One America News Network’s Liz Wheeler points out, we should also be disgusted that Smollett chose this victim status over being a strong leader and role model for less privileged black and gay people who could have looked up to him for his strength instead of now being scornful of his weakness.

What does that say about America when the left tries so hard to build the narrative that everything is wrong, they’re unwilling to recognize the real problems that are plaguing America. Why? Because they’re the biggest part of the problem.

 


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Democrats

Leftist media pushes back on Green New Deal criticism

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Leftist media pushes back on Green New Deal criticism

It’s been an up-and-down couple of weeks for proponents of the Green New Deal. Before details were released, it was already being heralded as the greatest thing since President Obama’s election. Then, the details came out and even many on the left were taken aback by the ambitious and incoherent provisions of the deal as detailed in a FAQ section on Representative Alexandria Ocasio-Cortez’s government web page.

But that was just a draft. They took it down. At least that was the story.

Unfortunately for proponents, they were caught a little flat-footed as questions started pouring in about, well, all of it. Even if we dismiss the less-draconian concepts such as eliminating air travel or the less-sane ideas like taking care of those who are unwilling to work, the left is still stuck with a proposal that the most frugal estimates put at costing around $7 trillion while other’s consider the decade-long cost to be in the HUNDREDS of trillions of dollars.

This is, of course, ludicrous. There’s not enough money in the entire world to pay for the proposal if its cost is somewhere between the lowest and highest estimates, but that hasn’t stopped leftist media from regrouping. Now that the dust has settled a little bit, they’re doing everything they can to recommit to this concept. It’s not that they suddenly believe in this fairy tale. It’s that they don’t want this to be the issue Republicans attack in the 2020 elections.

One article in particular that I read from CNN (yes, sometimes I need to see what the other side is thinking) really struck me for its honesty about the situation. Though I stopped reading it in paragraph two when it referred to “non-partisan” PolitiFact, I went back to it just now to digest the awfulness fully (see the sacrifices I make for our readers!).

To be clear, much of what this article says is correct. It asserts the GOP will take the tenets of the Green New Deal and use it to scare voters into thinking it’s even worse than Obamacare. From 2010 through 2016, Republicans attacked Obamacare incessantly and it worked, giving them the House in 2010, the Senate in 2014, and the White House in 2016. Unfortunately, they stopped there and didn’t actually go after Obamacare with the same fervor they held in their campaign rhetoric and now the Democrats have turned the issue on its head.

But here’s the thing. Obamacare may have been bad, but the Green New Deal truly is worse. It’s not even close. Even if we take at face value the notion that the Green New Deal is simply an ambitious framework around which real legislation can be forged, we have to look at the core issues entailed in order to see the true damage it can do. This is a socialist document. It’s a call for the same levels of insanity that drive the Medicare-for-All movement. Within its frivolous attempts to change perceptions of air travel, cows, and job creation is a deep-rooted desire to convert Americans to needing more government.

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The Green New Deal represents the far-left’s desire to make more American dependent on government. At the same time, it aims to increase the levels of dependency for those who are already in need of assistance. It wants Democrats to latch their wagons on the notion that if we become a militantly environmentalist nation, that will serve the dual purpose of giving us fulfillment while saving the planet.

I believe most leftist journalists understand this, but they see in the ridiculous framework a path through which Republicans can be defeated wholesale in 2020 as long as the left can control the narrative surrounding the Green New Deal. They fear another Obamacare counterinsurgency that would wipe out the anti-Trump gains they made in 2018, so they’ve adopted a stance that the Green New Deal isn’t as bad as Fox News says it is. Meanwhile, they’re doing everything they can to say, “look over here and not at the Green New Deal.”

The politics behind what the Green New Deal represents is more in play than the tenets of the proposal itself, at least in the eyes of leftist media. It’s not that they want to promote the concept. They simply don’t want the concept to derail their party in the next election.

 


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