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Reply to "Oberlin College ordered to post $36 million bond to delay Gibson’s Bakery collection of Judgment"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I still don't understand the tort here. Did Oberlin administrators officially declare that the bakery is "racist"? Oberlin has zero control over what its adult students decide to protest (or not protest). Oberlin cancelled its contract with the bakery. But that in itself does not constitute slander. Someone please explain to me how Oberlin THE INSTITUTION is culpable?[/quote] It isn’t. And this will be overturned on appeal. There were some huge errors the Judges rulings at the trial. https://academeblog.org/2019/06/13/the-dangerous-defamation-judgment-against-oberlin-college/[/quote] From the article: “Second, Oberlin was wrongly banned by the judge from presenting evidence of racism at Gibson’s Bakery, which if true would have nullified any defamation claim. When Chris Jenkins, an associate dean for academic support and equity, testified, “I personally have had moments in the [Gibson’s] store where I didn’t feel comfortable …” according to Legal Insurrection, “At that the judge cut him off and told the jury to disregard.” The judge wouldn’t allow Oberlin to mention racial comments by Allyn Gibson on Facebook in 2012. According to Legal Insurrection, the judge didn’t want “students or administrators to use the witness stand to debate if Gibson’s was racist or not.” Considering that the alleged racism of Gibson’s Bakery was the basis of the defamation charge, it is bizarre for a judge to make the topic off-limits at the trial. By contrast, the judge openly allowed numerous witnesses to testify that Gibson’s was not racist.”[/quote] Yep. You have a right to provide an affirmative defense. This Judge managed this trial very badly. Likely because he is an elected official in small town Ohio. Of course, if Oberlin ultimately wins on appeal, Gibson’s will owe them millions in legal fees...[/quote]
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