Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Did not see it discussed here but the New York Times said Baldoni’s assertion that NYT had Lively’s complaint in advance, based on “internet sleuth” metadata, was inaccurate. NYT noted that the metadata was automatically generated and not something that accurately represented the date they received the complaint. So NYT is doubling down on not having received the complaint weeks in advance, which seems like something the NYT attorneys would require them to have hammered down tight first — suggesting that this assertion that made big waves for Baldoni last week is a nothingburger. [/quote]

I agree that they say all that but if you read closely they conclude with saying they did not POST the complaint in advance. They are vague on when they got it, although they say the metadata is not the right date.[/quote]

I can understand why you might want to see it that way, but I don’t read that as an accurate interpretation of the NYT’s statement at all. The NYT says that it received and posted the complaint after it was filed and calls Baldoni’s assertion that the NYT received the complaint in advance of filing is a “bogus claim.”

From the NYT spokesperson:  "The Baldoni/Wayfarer legal filings are rife with inaccuracies about The New York Times, including, for example, the bogus claim that The Times had early access to Ms. Lively's state civil rights complaint. . . . The [internet] sleuths [Baldoni relies on] have noted that a version of the Lively state complaint published by The Times carries the date 'December 10' even though the complaint wasn't filed until more than a week later," the spokesperson continued. "The problem: that date is generated by Google software and is unrelated to the date when The Times received it and posted it. A look at the metadata from the posted document correctly shows it was posted after Ms. Lively filed it with the California Civil Rights Department."

https://www.justjared.com/2025/02/01/the-new-york-times-fires-back-at-justin-baldoni-bogus-claim-they-had-early-access-to-blake-livelys-complaint/

I personally just don’t think the NYT would lie about this when it has so much at stake, or that the NYT lawyers would allow them to release an inaccurate statement on it, but ymmv. So, to me, lots of flash from Baldoni on something that is likely to turn out to be a total nothingburger. 
[/quote]

Np and lawyer.  I don’t think they lied in their statement, but I think it was carefully worded to be slightly misleading. They clearly worked with Blake well before she filed her complaint and this issue goes straight to the heart of their best defamation defense- Fair report.

I also think that their first PR statement- how they ‘meticulously reported’ this story or something like that will bite them in the ass. How do you ‘meticulously’ report a story and not speak to the other side??? [/quote]

PP you are responding to and also a lawyer, and we are going to have to agree to disagree on this NYT statement I excerpted above. Baldoni asserted with great fanfare that NYT had Lively’s complaint weeks in advance — based on metadata — and NYT has come out to say the metadata is automatically generated and Baldoni is incorrect. I believe NYT here when it says they didn’t have the complaint. I don’t think they’re being slightly misleading in saying they didn’t have it. That detail got Baldoni a ton of press last week and he appears to have been completely wrong about it (because I don’t think NYT would double down on this if they actually had it first).  Also lots of chatter in this thread about how that salacious earlier assertion spelled doom for Lively. Huh. But apparently, Baldoni got it wrong.

Baldoni is certainly a public figure and if you think he has a strong defamation case against the NYT here under the “Fair Report” part of the test, we are going to have to agree to disagree again here. [/quote]

The arrogance of some lawyers on here astounds me. You’re a lawyer but clearly not a publishing lawyer, and you are coming out with a position when you don’t even know defamation basics, while I do and know about vetting. You are confusing fair report as Baldonis claim when it is the exact opposite.

NYT piece was worded to say they didn’t have the complaint. Which might be true. But it ultimately doesn’t protect them bc it’s likely going to come out that they’d been working with Blake all along, which goes to the heart of their defamation defense that they just happened to be reporting on a legal filing and matter of public interest- eg, a fair report. [/quote]

DP lol at you throwing shade about “publishing lawyers.” Plenty of us here have enough background in defamation and 1A to know that the case against the NYT is very, very weak. This is not actually a super complex area of the law. And not that the top legal minds are rushing to the newspapers to comment on this, but I have not seen any article quoting a lawyer arguing that he has a strong claim - only the opposite.

https://www.businessinsider.com/can-justin-baldoni-win-lawsuit-new-york-times-lawyer-analysis-2025-1

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Pp Omg you again with your 1A nonsense. You don’t know this area of the law, so please stop. Now you’ll start going on about actual malice. The other piece of defamation law you sort of remember from your media law 101 training.

And I’ll repeat what i told you earlier after you were going on about actual malice, this entire thread started bc of a podcast with 2 lawyers who said NYT had risk. You likely aren’t seeing knowledgable people speaking out bc no one likes to openly bet against the beloved NYT (which btw, every defense side firm lawyer hopes to work for bc the work is great and they pay their bills) but the chatter is that yes, this story was off and baldoni is coming out strong. [/quote]

DP but actually I think a major reason you don't see many outlets giving credence to the case against the NYT here is because right now there is a lot of anxiety in the media and among lawyers who work on these sorts of cases that 1st Amendment protections are being weakened. There is probably some fear of pissing of the NYT as well but I think the bigger issue is that no one wants to see negative precedent set over this stupid, tabloid-y Hollywood squabble, which could serious impact how journalists at any outlet report on genuinely important matters. Especially given what is currently happening in the world.[/quote]

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