Reply to Blake Lively- Jason Baldoni and NYT

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Reply to "Blake Lively- Jason Baldoni and NYT - False Light claims "

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Above poster, I am not a lawyer, but I fund this conversation interesting.  Would you please explain why if some podcasters said the NYT did have risk, then why won’t others come out in support of the ‘beloved’ NYT.  What am I missing.  I agree with poster that indicated there is a difference between the NYT not having the filing, which is what NYT said correct?  But having information that was in the filing likely from someone on BL’s ‘team’. [/quote]

From the NYT's standpoint, the fact that they worked on the story for several weeks and only published once they had the complaint is actually a positive. Unlike in the Palin case, there is no rush to publish argument. They took their time and they only published when they had evidence of a newsworthy event (the complaint).

Baldoni will argue that they should have taken more time to get "his side" before publishing. The NYT will argue that they viewed it as an ongoing matter and assumed that Baldoni would respond in pleadings and that they would report on that, which they did. I expect they will also argue that they saw the real "story" to be about the behavior of the PR team, the texts showing how PR pros manipulate public perception of celebrities, and info about astroturfing and story "seeding" which the public may have been largely unaware of. The link back to the Depp/Heard trial and the online campaign against Heard will also have made this feel particularly newsworthy and that's the aspect of the story that they really focused on in initial reporting.

The NYT is not actually required to get Baldoni's "side" to report the story. Their angle wasn't really even about him. As long as they didn't intentionally publish anything untrue about him, their case is extremely strong. The fact that they worked on the story for a while is a defense, not a weakness of their case.[/quote]

The time they had cuts both ways, and will be meaningful for determining reasonableness for not digging into his side more if this gets to a jury. This is mostly a defamation by implication case and maybe false light as the first post in this thread mentioned, although that’s a somewhat novel approach.

And again, the PR people are likely private figures = simple negligence standard. [/quote]

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