
It’s likely negligence - good enough to meet the defamation standard for the private PR people - and arguably reckless disregard for the truth- the defamation standard for public figures. I’m just baffled by the NYT here, truly… |
Many of the incidents Lively alleges include reference to other people being present. Her assistant was supposedly present in the car when he told her about having had sex with women without consent in the past. Her nanny and multiple makeup artists were supposedly present in the incident where Heath allegedly came into the makeup trailer while she was topless against her objections. Presumably these people would all be deposed. You an argue that the people in Lively's employ have reason to back up her version of events, but people like the makeup artists or other crew members were actually employed by Wayfarer. I also think the other actors on the set will be deposed, in particular to describe how Baldoni and Wayfarer handled nudity and intimacy on the set, and to attest to Baldoni's demeanor. And based on the fact that not only has the rest of the cast backed Blake, but the actors guild has backed her, I think this could be damning. I think even Baldoni knows he crossed lines on the set -- in those texts with his PR people, he wanted to do an interview to talk about his neurodivergence as a way to explain some of the stuff he said to or about Lively on the set (they correctly dissuaded him from doing this). He basically wanted a way to explain or scapegoat some of his behavior. That means he knows some of his behavior was problematic. To me this is a red flag for his case, and I think one reason his attorney's approach has been to go so hard and flood the zone now. It might also explain why they released that 2am voice memo, which I don't think made him look good. I think if it gets to the point where we are actually delving into what happened on the set and what the experience was like, not just for Lively, but for other cast and crew, he knows he's going to have to explain a lot of behavior that will sound quite bad when you have Brendan Sklenar and Jenny Slate and the makeup people and actor's assistants and craft services all agreeing that his behavior was a problem. If that's the case (and I think it's likely it is), this really undermines their argument that Lively is oversensitive or trumping up these concerns, and he'll need another argument (like that he's neurodivergent and can't be held responsible for the behavior). |
I did not only work in war zones. I also did domestic reporting and in depth stories. They didn't only have one source. They had Lively but they also had Stephanie Jones at Jonesworks (this is where all the texts came from). They may also have had others. Also, while this was a feature article, the focus was actually not Lively's lawsuit. Obviously it's discussed and Lively is discussed -- this is the hook that makes the story more newsworthy because Lively is a recognizable figure and the story concerned a movie that had recently come out and done very well. But the story was really about the PR industry. The focus was on the retaliation claims because that's where NYT had concrete evidence to report on (the texts) as well as sources. The title of the story and the general thrust of the piece was on what the PR people did, linking this to another recent high profile case (Depp/Heard) where similar PR tactics were employed, and exposing this aspect of the PR industry. People on here are fixated on Lively and Baldoni but if you go back and read the original reporting from NYT, it's not *really* about them. It's using their conflict to explore PR and Hollywood and this dark side that many readers likely were unaware of before reading the piece -- how PR might use questionable tactics like astroturfing and social media seeding to guide public opinion about celebrities, and even to torpedo careers. And for this aspect of the story, they DID have more than one source and also nothing about that aspect of the story has been disproven (in fact nothing about their reporting has been disproven at all). |
Ugh they should settle but that would require on of them to blink, and I don’t see it happening anytime soon. What a mess |
Agree, they should settle. Baldoni isn’t blinking and Ryan and Blake have way more to lose. |
They did! I just wrote about this. If you read the original NYT story it is mostly about the PR angle. I do think it's weird they don't mention Stephanie Jones in the piece or explain the relationship between her and Nathan/Abel. This was the one aspect of the piece that I found sketchy because they were quite obviously relying on Jones to verify the texts. I have to assume that Jones agreed to work with them on this aspect of the story in exchange for not being dragged into it, which is why the story focuses exclusively on what Baldoni's team did with regards to Lively and does not get into Jones. Though I also don't know enough about the dispute between Jones and Nathan/Abel to know if that was relevant to the story. It may have really just been an employment dispute with no real relationship to the bigger story about PR firms doing this kind of character assassination and perhaps it was reasonable NYT didn't mention it. I'm on the fence about that. But that's a journalistic ethics question and isn't really relevant to Baldoni's defamation case. |
There is no need for testimony when the incidents in dispute were filmed or otherwise recorded. I don’t know why people, perhaps you, that are allegations of sexual harassment that were not addressed by him. That’s untrue. He has explained that anything sexual in nature was discussed in the context of developing the intimacy scenes. Perhaps the intimaccoordinator may have some relevant testimony but others are unlikely to be present. Furthermore, there is a difference between vague statements of supports and actual knowledge. When a woman brings allegations of sexual harassment, it is pretty much required that people credit them initially, particularly in more liberal parts of the country. |
It is essentially a one source/one side story. They didn’t speak to baldoni or the PR people as far as I can tell. And it doesn’t matter that the story was ultimately about the PR business. They brought in baldoni and private individuals. In their quest to talk about using PR to torpedo careers, they themselves were essentially used to… torpedo careers. |
I don’t know why you assume they were working with Jones when she says in her article that she interviewed Blake. |
Who was their source for the PR stuff? You mean Jones? Who was in an employment dispute with the other two? Was there anyone else? |
No it’s not anywhere close to any of that. |
+1. the people insisting that the NYTimes was proven wrong are missing the boat. |
This won't kill Ryan's career silly rabbit, he's a man. |
I don’t know how anyone could read the article or listen to the podcast and say this is a pr story. Twohey couldn’t get a sentence out of her mouth on the podcast without adding the qualifier “ according to the complaint”
The Times has been in decline for a few decades. In recent years, they’ve been taken over by former Politico reporters who practice access journalism. The Twohey article is just another example of a Times reporter taking a famous source at her word without regard to truth. |
100%. A known history of WILDLY misinterpreting social interactions can't be ignored. Her "uncomfortable" bar is both very low and all over the place; she'll go for the jugular if you say her hair is pretty so who knows how she read any of these interactions. |