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-1 LOL. We see you. Just stop. |
I have been posting that the sham suit was unethical, but no, I don't think it will change anything for the NYT. This is the article https://archive.is/0icRp The only thing about the subpoena is here: "Her filing includes excerpts from thousands of pages of text messages and emails that she obtained through a subpoena. These and other documents were reviewed by The New York Times." That statement is true. She did obtain them through a subpoena. Whether that subpoena was lawful is not something the Times is expected to litigate, nor are they expected to thoroughly investigate the claims within her CRD complaint. They just had to accurately quote from the complaint, which they arguably did. I realize that they claim they did investigate, and that makes them look sloppy because, uh, there was a lot to uncover that didn't look great for Blake, but I'm still going to argue they're protected because ultimately they were reporting on the complaint and the texts (and I think the texts they quoted were also in the complaint, but I won't swear to that). And I just don't think a court is ever going to rule that a journalist was obligated to present "full context" and investigate and be fair to both sides, or that claiming to investigate created a duty to do so. That would just be a tremendous sea change in defamation law. What the NYT did is basically PR for Blake, a puff piece reporting her story exactly as she presented it in the CRD, which is very Fake News, but that is not unlawful. It definitely sucks for the Wayfarer side that the evidence was obtained via a shady lawsuit and a subpoena without notice, but it's not a criminal case and the texts are almost surely going to be admissible in court here, so I certainly would not see any issue in the NYT also relying on them just for an article. Even when documents have been outright hacked and stolen in an illegal manner (like Wikileaks type stuff) the press can still report on them. |
I watched it. They get key facts wrong. Margo was NOT always cast in the role, even though she was producing. She has spoken publicly about how she and Gerwig were actively looking for another actress, and that Gal Gadot was seriously considered because they felt she had good "Barbie energy." Ultimately Gadot either couldn't do it or didn't want to, and Robbie took the role. But if Blake tried to get the role at that time, there's nothing wrong with that. I personally think Blake looks like Barbie but that her vibe would have been all wrong for the movie. But it would honestly be weird if she hadn't tried to get the role because her physical appearance is pretty spot on, IMO. Also the video has extremely thin evidence that Lively crossed any lines in campaigning for the role. They have one tween advocating for her as Barbie and they are like "this could have been a plant with a bunch of bot-likes, or not, we don't know." One tweet. And then apparently a power point circulated with a marketing plan for Lively in the role? So? That's normal. It was a movie based on Barbie -- the marketing plan would be central to every major decision made for the movie. Look, not everything Blake Lively has ever done needs to be evil and suspect. This video is describing an extremely normal thing that happens in Hollywood all the time as though it's a villainous plan. Lots of actors do stuff like this if there's a potentially career-making role on the line. It's a tough business. Nothing Lively did took anything away from Robbie, who wound up being perfect in that movie. |
+2 |
Heads are about to explode! There can't be 3 of us! |
Meh, no one ever said this was evil. It just makes her look crazy and unrealistic. She was simply not going to play Barbie in a way that generated 1 billion in box office. It just seems funny that she’dgo up against Margo Robbie for Barbie. I mean, come on. The absolute hubris. Not one single second in this video seemed out of line are incredible and it was all backed up by evidence. She is someone who was not been particularly successful, but she married someone powerful so she has a team doing a lot of legwork for her. It’s just comical what they tried to do and crazy that she tried to launch a lifestyle brand when she’s arguably even less popular than she was 10 years ago the first time. I’m not one of those people who think women in Hollywood who hit 35 in should shrivel up and die, but Blake was just too old for the role. She’s three years older than Margot and while Margo could pass for a few years younger, Blake has always very much looked her age to me. |
That’s helpful. Doesn’t sound like it’s legally dubious for the times, but agree with you that there is real reputational damage. They just look very sloppy and that they didn’t do their full research. Reporting on this would’ve been one thing, and totally appropriate, but doing this hit piece like they did - they look sloppy and unprofessional. I think Megan‘s reputation as someone you would go to to to report sexual harassment is done. This is probably great for Ronan Farrow though. |
Agree. NYT defamation interested person here. The subpoena issue has nothing to do with their case or their reporting. Pentagon papers anyone? But the rest of your post is not entirely accurate. We shall see. |
Ugh. Please stop trying to analyze the law when you don’t know anything. It’s exhausting. For one, the judge here won’t be in a position to rule the NYT was obligated to give the ‘full context’ or not. That’s not what the judge does in cases like this. The factual issues will go to a jury. And yes, to a jury of regular people, context will very much matter. |
Lawyer here and that's not quite right. Defamation laws do not require news outlets to provide "full context." That's not the standard. For Baldoni, the standard will be "actual malice" as it was for Palin. If it every goes to a jury, the judge will instruct them as to the standard, and they will decide whether the NYT either knowingly published falsehoods (unlikely to apply) or acted with "reckless disregard" for the truth (more applicable but NYT is well covered by fair report privilege because of the underlying litigation). A jury will not be permitted to decide that they think the NYT was obligated to provide full context, because that's not the law. Jury instructions tend to be pretty narrowly drawn. |
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I love that some of the same people posting about how the NYT defamed Baldoni are also posting on the craziest BS YouTube videos (that have a split second disclaimer at the front saying they have nothing to do with reality) and interacting with the information presented therein as if totally factual.
NYT presents texts that Team Baldoni actually sent about doing a smear, and that is defamation, but wacky commenters presenting lies "for entertainment purposes only" are taken as truth and if you debate them on it you're just a biased liar paid to lie. NYT: Prints actual texts that are facts: DEFAMATION! Youtuber: Tells lies noting they are lies: HOW DARE YOU QUESTION THESE TRUTHS! |
Didn't we know this 100+ pages ago from the roll call ha? Maybe there are even more, I'm not sure we're all here at the same time. |
Look, you don’t know defamation law that well. Fine. Fair report is not as broad of a defense as you think here. They werent just straight reporting from a lawsuit. They brought in a much fuller angle and it was clearly collaborative. And I never said ‘full context’ was some written standard in the law. But if you followed Def cases that go to trial, you’d know that context very much comes into play. Juries are human beings and subject to bias and impressions, and jury instructions- which often confuse jurists btw- don’t fully change that human inclination. |
You’re wrong and confusing people. I’m the Nyt poster and don’t really watch YouTube videos but I’ll remind you of a certain reality. random commentator on YouTube = no money, no insurance. NYT = deep pocket with millions in media liability coverage. |
Agree juries can do weird things but will Baldoni get there? |