Hate Crime Hoaxes: An Archival Suppository

I'm sure some of you may have seen the viral video of a WHITE HOSPITAL KAREN STEALING A CITI BIKE FROM A BLACK MAN...

New York Post said:
the health care worker wrapped up her 12-hour shift, she got on an available bike, "which no individuals were on or touching," and paid for it through the Citi Bike app on her phone.

As she backed it up from the docking station, a group of five people approached her and claimed the bike was theirs, he said.
https://nypost.com/2023/05/16/nyc-hospital-karen-on-leave-after-viral-video/
"One or more individuals in that group physically pushed her bike (with her on it) back into the docking station, causing it to re-lock," Marino said in the written statement.

One of the individuals then covered the bike's QR code, stopping her from paying for it again so she could leave, Marino said.

"In blocking the QR code, this individual's arm was touching my client's pregnant stomach, a condition of which she had made them aware," he added. "Throughout this time and for the remainder of the video, roughly five individuals were telling her to get off the bike and heckling her."

What... a video starting only in the middle of the confrontation was somehow missing context?!?!?! She has receipts for the payment? Five Black men grabbed the bike she was on and pushed it back into the docking station before committing battery and heckling/mocking her and preventing her from getting another bike?

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Famous African-American Lawyer Ben Crumps Brother is an ex-cop who raped a Woman and served only two months of incarceration?

Well I mean that's unrelated to this story, but I felt like sharing that as well.


Dang... I really thought pregnant White physician assistants were out there, stealing bikes from groups of Black male teenagers in broad daylight while shouting "THIS IS MAGA COUNTRY!"
 
So basically this is libel isn't it?
To get a libel charge to stick in the US you basically need mind-reading powers. No really, it's nearly that hard.

Thanks to the Supreme Court's decision in New York Times v. Sullivan you must prove "actual malice" was involved in the publishing, not just that they published falsehoods and smeared you but that they did it maliciously which pretty much means either having leaked emails proving they knew better or reading their minds. Very technically Sullivan only applies to cases involving public figures, but in general, it's applied to all cases since the US doesn't like having different laws for its leaders and citizens.

There's been a few recent shots across the bow of Sullivan suggesting that people are moving towards reversing that policy, since in effect it's been a get-out-of-libel-free card for decades for big media. However, it hasn't been removed yet and will still make any attempt at libel nearly impossible.
 
Thanks to the Supreme Court's decision in New York Times v. Sullivan you must prove "actual malice" was involved in the publishing, not just that they published falsehoods and smeared you but that they did it maliciously which pretty much means either having leaked emails proving they knew better or reading their minds. Very technically Sullivan only applies to cases involving public figures, but in general, it's applied to all cases since the US doesn't like having different laws for its leaders and citizens.

There's been a few recent shots across the bow of Sullivan suggesting that people are moving towards reversing that policy, since in effect it's been a get-out-of-libel-free card for decades for big media. However, it hasn't been removed yet and will still make any attempt at libel nearly impossible.
Not actually relevant this time! That only applies to public figures & government officials. Now there is the question of whether they have any money worth suing over, but the person who posted the video is likely very liable.
 
Not actually relevant this time! That only applies to public figures & government officials. Now there is the question of whether they have any money worth suing over, but the person who posted the video is likely very liable.
Nope. I mentioned that in the post you quoted but maybe you didn't read it before hitting reply, or just need more details, it doesn't apply only to officials at all.

Sullivan's scope was increased in Curtis Publishing v. Butts and Time Inc. v. Hill to "public figures" rather than "public officials." This was in the late 60s. In the mid 70s its scope was increased again by Gertz v. Robert Welch Inc. and later Time Inc. v. Firestone to include ordinary citizens that had "Thrust themselves into the public eye." What constitutes "actual malice" was then tightened up in St. Amant v. Thompson to require that the publisher also had "serious doubts" what they were publishing was true. A few other cases expanded Sullivan's scope more.

It's wide enough that when a woman sued Bill Cosby's lawyer for defamation, the courts ruled that the lawyer had protection under Sullivan because the act of suing for defamation meant she had thrust herself into the public eye (Part of the issue there was that if you sue a lawyer, the court will bend over backwards to protect their own, but it also establishes precedent). So yeah, Sullivan pretty much covers all defamation lawsuits today. The only case I'm aware of in recent memory that got around it was Sandmann, because he was able to argue successfully that he wouldn't ever have been in the public eye at all without the news company publishing a smear campaign.
 
Sullivan's scope was increased in Curtis Publishing v. Butts and Time Inc. v. Hill to "public figures" rather than "public officials." This was in the late 60s. In the mid 70s its scope was increased again by Gertz v. Robert Welch Inc. and later Time Inc. v. Firestone to include ordinary citizens that had "Thrust themselves into the public eye." What constitutes "actual malice" was then tightened up in St. Amant v. Thompson to require that the publisher also had "serious doubts" what they were publishing was true. A few other cases expanded Sullivan's scope more.
That only applies to public figures & government officials.
I know.

It's wide enough that when a woman sued Bill Cosby's lawyer for defamation, the courts ruled that the lawyer had protection under Sullivan because the act of suing for defamation meant she had thrust herself into the public eye (Part of the issue there was that if you sue a lawyer, the court will bend over backwards to protect their own, but it also establishes precedent).
Source please? I can't find any evidence that the lawyer got sued.

But also that wouldn't apply here. Basically what (may have, I haven't seen specifics) happened in the Cosby Lawyer case is a limited purpose public figure exception:

From wikipedia:
  • a limited purpose public figure, those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved." A "particularized determination" is required to decide whether a person is a limited purpose public figure, which can be variously interpreted:
A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest. For example, [jokes about] ... Terry Rakolta [an activist who spearheaded a boycott of the show Married ... with Children] were fair comments ... within the confines of her public conduct [and] protected by Ms. Rakolta's status as a "limited public figure".

So by suing, she thrust herself to the forefront, etc.


Crucially, though, the woman in the video with the bike wasn't a public figure when the man posted this. So he specifically can't make the public figure argument as a defendant. Other people who reposted it and commented on it may be able to do so, though.
 
I know.


Source please? I can't find any evidence that the lawyer got sued.

But also that wouldn't apply here. Basically what (may have, I haven't seen specifics) happened in the Cosby Lawyer case is a limited purpose public figure exception:

From wikipedia:


So by suing, she thrust herself to the forefront, etc.


Crucially, though, the woman in the video with the bike wasn't a public figure when the man posted this. So he specifically can't make the public figure argument as a defendant. Other people who reposted it and commented on it may be able to do so, though.
Argument can be made she only sued because she became public figure after the video aires
 
No, you didn't know, else you would have known it applied to people who "thrust themselves into the public eye" which you evidently didn't. This is just a bit of pedantry where you ignore most of the argument to focus on the one sentence you can actually refute. I listed multiple cases in order to lay a foundation and show a gradual increase in scope over time, not to let you play your wordgames and pretend the fact that you knew step 1 also meant you knew step 5.

Source please? I can't find any evidence that the lawyer got sued.

But also that wouldn't apply here. Basically what (may have, I haven't seen specifics) happened in the Cosby Lawyer case is a limited purpose public figure exception:

From wikipedia:


So by suing, she thrust herself to the forefront, etc.


Crucially, though, the woman in the video with the bike wasn't a public figure when the man posted this. So he specifically can't make the public figure argument as a defendant. Other people who reposted it and commented on it may be able to do so, though.
That's not particularly useful though, because by suing, she's thrusting herself into the public.

There's precedent for this, Nick Sandmann was not a public figure and was only made public by being videotaped and then subjected to false claims. Even so, five of the cases were dismissed, and in fact the only successes he had were out-of-court settlements, every media company that went before a judge won.
 
No, you didn't know, else you would have known it applied to people who "thrust themselves into the public eye" which you evidently didn't. This is just a bit of pedantry where you ignore most of the argument to focus on the one sentence you can actually refute. I listed multiple cases in order to lay a foundation and show a gradual increase in scope over time, not to let you play your wordgames and pretend the fact that you knew step 1 also meant you knew step 5.
... Yes, I did. I literally quoted referencing Sullivan's (and the subsequent expansion of it) main holding (the public figure part). I read case law & lawyer blogs for shits and giggles, and I've commented about Sullivan on this very site before.

The thing is, this exception you speak of doesn't apply here. She didn't thrust herself into the public, the person who recorded the video did. And the act of the initial twitter post, if it includes a lie, could be covered.

Link is paywalled, and what I can read says nothing about the lawyer being sued.

That's not particularly useful though, because by suing, she's thrusting herself into the public.
No. That's different than what happened in the case, as far as I can guess (not having access to a non-paywalled link). By suing Cosby, she became a public figure, so she couldn't sue Cosby's lawyer for lying about her after that.
 
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... Yes, I did. I literally quoted referencing Sullivan. I read case law & lawyer blogs for shits and giggles, and I've commented about Sullivan on this very site before.
Yes, you quoted Sullivan... after I linked it for you, since as usual you bring nothing to the table but your unsupported opinions... but you didn't take note of Gertz v. Robert Welch Inc. or Time Inc. v. Firestone which are the ones that actually disprove your claim and are the bone of contention here.

I explained and you tried to CYA by claiming you already knew. I called out your word tricks the last five times you pretended one sentence was an entire paragraph and ignored the actual point to play pedantics, why did you think it would work this time?

The thing is, this exception you speak of doesn't apply here. She didn't thrust herself into the public, the person who recorded the video did. And the act of the initial twitter post, if it includes a lie, could be covered.
Repeating your untruth won't make it true. In an ideal world this is how it should work but in the real world, it doesn't.


Their study found that most — roughly 90% at the time — litigants lost in court and those who won tended to win rather small monetary awards in damages.

“Remarkably, the plaintiffs’ sense of anger and frustration radically shifted by the end of the litigation process from the media to the judicial system,” he wrote, noting 67% expressed dissatisfaction with the justice system.

Link is paywalled, and what I can read says nothing about the lawyer being sued.

No. That's different than what happened in the case, as far as I can guess (not having access to a non-paywalled link). By suing Cosby, she became a public figure, so she couldn't sue Cosby's lawyer for lying about her after that.

I realize that in Libertarian land, omnipotent, omnibenevolent, and incorruptible courts are required to make the system work since lawsuits are the only means of redress for megacorporate bad actors in the absence of a government powerful enough to keep them in check. Consequently, you're contractually obligated to think the courts work in a reasonable manner. Sadly, in real life the courts are usually on the side of the megacorporate bad actors, and it's government regulations that do the job.
 
Yes, you quoted Sullivan... after I linked it for you, since as usual you bring nothing to the table but your unsupported opinions... but you didn't take note of Gertz v. Robert Welch Inc. or Time Inc. v. Firestone which are the ones that actually disprove your claim and are the bone of contention here.

I explained and you tried to CYA by claiming you already knew. I called out your word tricks the last five times you pretended one sentence was an entire paragraph and ignored the actual point to play pedantics, why did you think it would work this time?
I didn't just quote Sullivan, I also quoted the public figure part, which wasn't from Sullivan, (Sullivan was just public officials), but later case law that expanded on it and broadened it to public figures.

Repeating your untruth won't make it true. In an ideal world this is how it should work but in the real world, it doesn't.
And again, the argument you use here doesn't apply. I was talking about bike girls case against the man who recorded her and posted it (if that's the same person, I figure I also have to add). This would be most closely matched to the case against Cosby, not Cosby's lawyer. And at least some of the defamation cases vs Cosby, I might add, got settled, so she presumably got money.

I never claimed the bike woman had a case against the many people and news companies who posted after the fact. At best, she'll get a nuisance payment from a news organization, just like Sandmann did. But from the person who recorded her and posted (if, again, it's the same person)? Totally different story, especially if she loses her job (as that's a financial loss directly incurred because of the lie).

Now the guy might have practical immunity to lawsuits based on being too poor to be worth suing, but it is possible, which is what I was talking about.
Their study found that most — roughly 90% at the time — litigants lost in court and those who won tended to win rather small monetary awards in damages.

“Remarkably, the plaintiffs’ sense of anger and frustration radically shifted by the end of the litigation process from the media to the judicial system,” he wrote, noting 67% expressed dissatisfaction with the justice system.
And? That's completely irrelevant to my point. You've used a general statistic to talk about a specific individual problem. It's like saying a shooting is unjustified because only a small percentage of shootings are justified.
I realize that in Libertarian land, omnipotent, omnibenevolent, and incorruptible courts are required to make the system work since lawsuits are the only means of redress for megacorporate bad actors in the absence of a government powerful enough to keep them in check. Consequently, you're contractually obligated to think the courts work in a reasonable manner. Sadly, in real life the courts are usually on the side of the megacorporate bad actors, and it's government regulations that do the job.
Wow, libertarians clearly never knew that laws and the judiciary were biased in favor of the politically connected. Thanks for enlightening us all. We've definitely never complained about cronyism in the past.
 
I didn't just quote Sullivan, I also quoted the public figure part, which wasn't from Sullivan, (Sullivan was just public officials), but later case law that expanded on it and broadened it to public figures.
Seriously? You're going to keep harping on the irrelevant part while ignoring the bit that contradicts your falsehoods? She's not a public figure so it doesn't apply, which presumably is why you keep pretending that's the main part since you can actually argue against it. She is in the public eye and there's precedent that launching a lawsuit for defamation automatically means you count as putting yourself in the public eye, that's the part you keep ignoring since you have no way of countering it. Quit harping on public figure, she's not one.

And again, the argument you use here doesn't apply. I was talking about bike girls case against the man who recorded her and posted it (if that's the same person, I figure I also have to add). This would be most closely matched to the case against Cosby, not Cosby's lawyer. And at least some of the defamation cases vs Cosby, I might add, got settled, so she presumably got money.

I never claimed the bike woman had a case against the many people and news companies who posted after the fact. At best, she'll get a nuisance payment from a news organization, just like Sandmann did. But from the person who recorded her and posted (if, again, it's the same person)? Totally different story, especially if she loses her job (as that's a financial loss directly incurred because of the lie).
Oh of course you have no idea of the facts on the ground you're arguing about. I gotta quit my bad habit of assuming people I debate are coming from a position of knowledge rather than spamming their ideology. You don't even know who recorded and posted it or the circumstances of said posting, but you think you can still have a useful opinion on how a defamation lawsuit would go?

The original post was by Ben Crump, a lawyer representing the five black guys in the video. I suppose you don't know who he is either. He happens to be one of the biggest names in the legal industry, the go-to guy for police brutality, civil rights, and racism cases. He represented the families of Daunte Wright, Ahmaud Arbery, Breonna Taylor, George Floyd, and is currently the rep for Malcolm X's family in a lawsuit against the CIA. He knows more about how civil trials work than all of us put together.

Now the guy might have practical immunity to lawsuits based on being too poor to be worth suing, but it is possible, which is what I was talking about.
No, the guy has practical immunity due to defamation laws. He's rich as Croesus but still doesn't have to worry.

And? That's completely irrelevant to my point. You've used a general statistic to talk about a specific individual problem. It's like saying a shooting is unjustified because only a small percentage of shootings are justified.
No, I'm laying more groundwork by showing how everybody has the same problem she would. Most importantly, the fact that a staggering 2/3rds of litigants are more angry at the justice system than the person who slandered them by the end of the case is a clear indicator of how illogical and ridiculous the legal system is on this specific issue.

Wow, libertarians clearly never knew that laws and the judiciary were biased in favor of the politically connected. Thanks for enlightening us all. We've definitely never complained about cronyism in the past.
Well granted, I presumed you were actually in possession of at least the barest facts in this case so the fact that the original poster of the video being a highly connected, extremely wealthy lawyer who knows how to work the system would make this point highly relevant.

As is it's still highly relevant at least to your mindset, you simply presumed lawsuits had a fair chance of success due to ideology and then didn't bother to look at the facts on the ground, going off how you think the law should work instead of how it does. It'd be nice if this made you reflect on how your biases are affecting your thinking, as this, along with not doing any research and your tendency to play wordgames instead of facing facts, are really standing in the way of you ever making any quality arguments.
 
So this just happened... and it makes me wonder if we need a proper chronicling of this sad, sad state of affairs since it seems to be happening more and more often as sadly in this country, the demand for racism in the world often seems to exceed supply. :cry:


That's right, a 21 year old Senior Black Texas A&M student who just happens to be a Black Lives Matter activist was targeted by racists who left three notes on his windshield including hateful statements like "All Lives Matter" and use of the N-word on one note. Like a good citizen who wants to defund the police, he contacted the police about this hate crime and the police in due diligence investigated the crime.



The student in question stated he has declined cooperating with police and has contacted an Attorney for some reason.
Subbed and following.
 
Looks like Ben Crump deleted his Tweet about the poor Nurse a few hours after the lawyer for the Nurse came onto Fox News explaining a desire to pursue defamation laws after the smearing of his client who is now in hiding and fearful of her job.

 
Looks like Ben Crump deleted his Tweet about the poor Nurse a few hours after the lawyer for the Nurse came onto Fox News explaining a desire to pursue defamation laws after the smearing of his client who is now in hiding and fearful of her job.

Well, maybe they do have a shot then. Her attorney is an employment law specialist though, and she probably needs somebody who actually practices civil lawsuits concerning libel in this case.
 
Not 100% sure this is a hate crime hoax but people are leaning this way pretty hard from a lot of clues. The entire thing seems fishy, the dude slowly drove a U-Haul into the barrier around the White House, instantly gave up, had no weapons or explosives, but had a convenient Nazi flag the police lovingly laid out on the ground for a photo-shoot immediately after.

So throwing it down here though it's possible that will change. CNN didn't throw up the guy's picture so anybody want to make a bet he's not white? Although come to think of it that does argue against it being a hoax, could the FBI not find any white guy for their psy-op?



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