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Anonymous wrote:The fact that the majority of folks in this thread now appear convinced that Baldoni is going to be successful in his NYT suit is basically proof positive of bots, astroturfing or idiocy; I'm just not sure which one!
No one said he would win his law suit, several have said that the case would settle, which would means he gets money. There is simple no reason for the NY Times to take on the reputational risk of litigation, they are going to look bad even if they win.
Blake may not settle even though she should make this go away as soon as possible. But she has a personal interest in it, and the New York Times does not. A simple cost benefit analysis favors settlement for them, especially if they could settle for les than their litigation costs, or if the settlement is covered by insurance.
I actually think it's inconceivable that the NYT settles this.
Same.
A huge problem for Baldoni here is that he absolutely hired that PR firm and those texts are real. He's arguing libel. What is the defamation. That the texts look slightly less cruel if you put them in broader context? That's not a case.
I think a lot of people on this thread don't understand that the
burden for a public person to prove against a newspaper are incredibly high. The law requires him to prove they published lies or intentionally mislead readers with malice (meaning on purpose with intent to harm). It's a high bar. Public people have to clear a higher hurdle than someone who is not famous because otherwise there would be a chilling effect on the press and they'd be afraid to publish anything about any notable person. Well that's most news.
He will not win. The paper will not settle. This is an easy one.
Baldoni is a public figure, of sorts. Were the PR ppl named in the NYT article? They are not public figures, right, and their correspondence was misleadingly (arguably) published.
I think the claims by the PR people and Baldoni will be separated due to the public figure/private person issue. They will have to separate the application of law to facts for the private plaintiffs because the standard is different.
The biggest obstacle they have in the NYT case on the libel claim is that everything they claim was malicious and/or libelous about the Times' report simply reflects the way the narrative was presented in the Lively complaint, which was coming out anyway. So Baldoni's claims that the NYT reports caused him harm are easily undermined -- the Lively complaint was coming out no matter what, and the NYT coverage simply reported what the complaint said. It's hard to argue that the NYT was malicious if they were just reporting on the content of a filed legal document, and it's hard to argue the NYT reporting did harm that would not have been done by the filing of the legal document anyway.
The lawsuit tries to overcome that problem by alleging that the NYT colluded with Lively's team to release the complaint and articles close in time to maximally harm Baldoni. That would be an effective theory IF they could prove it, but I am extremely skeptical that it can be proven. They will likely get discovery that includes communications between the NYT and Lively's team. If these communications include evidence of collusion, that would be huge. However I really doubt anyone at the NYT is dumb enough to do that. If they are, the deserve what they get! But I would be truly shocked if we see any evidence that the NYT collaborated with Lively's team in that way. And without that, the NYT has the defense that they were simply reporting on Lively's complaint, and that they took the time to confirm any texts they were publishing were genuine. Beyond that, the NYT does not have a legal obligation to ensure their coverage is even handed. It should be, but it's not legally required. Look at, for instance, 99% of Fox News political coverage. Is it even handed? It is not. But no one sues them because slanted journalism isn't against the law. You can't lie but you have very broad latitude to frame things they way you want. And in celebrity coverage in particular, the frame is often just adopted from press releases and other PR communications. It's disappointing but also incredibly common.