Reply to Lively/Baldoni Lawsuit Part 2

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Burke is worried because Liman may find the statute unconstitutional, at least with respect to federal courts.  Seventh amendment requires that parties get a jury trial to decide damages.  Statute doesn’t address that and Blake is trying to get damages without a trial.[/quote]

But you don't address that by going on Megyn Kelly. And also, Liman could apply the 7th Amendment issues without finding the law itself unconstitutional. He could rule that the court is unable to apply 47.1 without a fact finder determining damages, and since all underlying litigation has been resolved, there is no opportunity to do this. This could limit the application of 47.1 in the future and influence how and when it is brought, but would not declare it unconstitutional.

And if that's your real concern, you make the exact argument I just outlined in an amicus brief to the court, citing legal precedence and making legal arguments.

You don't go on Megyn Kelly and Billy Bush.[/quote]

What’s wrong with Megyn Kelly? She’s an actual survivor. We gotta stop gatekeeping who gets to be part of a movement based on our own biases. As Blake likes to say, people have multitudes lol. It could be that Burke is someone who looks at the facts of the case and doesn’t just subscribe to “believe all women” and that doesn’t make her less of an advocate. [/quote]

Saying Jeffrey Epstein wasn't really a pedophile because the girls he trafficked were "barely legal" types instead of young children: https://www.youtube.com/watch?v=YyWFf3d62hY&t=13s

Claiming blackface is fine and insisting "for the kids at home" that Santa and Jesus are "just white": https://www.npr.org/2018/10/26/660850278/today-drops-megyn-kelly

Claiming body shaming is good because "it works" and "some of us want to be shamed": https://people.com/tv/megyn-kellys-most-controversial-moments-from-insisting-santa-is-white-to-defending-blackface/

Saying Sandra Bland, a black woman killed by police during a routine traffic stop, would still be alive if she'd "just complied" with the cop who killed her: https://www.usatoday.com/story/opinion/2018/10/25/megyn-kelly-nbc-blackface-racist-comments-white-supremacy-column/1760679002/

And more. She has a history of racist, victim-blaming, intentionally divisive statements, at both Fox News and after. She also has a history of platforming questionable people, like frequently inviting racist cop Mark Fuhrman on her show as a law enforcement "expert", or when she allowed a staffer on her show to post a chiron calling Michelle Obama Barack's "baby mama."

She is not a good person and it is completely insane for a serious person who cares about victim's rights to decide to give their first interview on a controversial subject to Megyn Kelly. Like it does not compute. Especially when Kelly is established as a biased resource on the subject, as a client of Freedman's who has frequently featured members of Baldoni's team on her show but never given equal time to Blake's.[/quote]

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