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Nice Guy Eddie

Nice Guy Eddie 13742

Posted
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Seems to me that Dominion can only survive as a company if they are acquired by someone who can legitimately demonstrate they are not dominion. After all there are elected county officials who will never not believe the dominion stories put out there by Fox and others.

And if you’re required to sell your company to survive, that creates a discount in your selling price. Not to mention that you shouldn’t be forced to sell to survive when you did nothing wrong.

all in all, the dominion damages are effectively whatever their market share is/was. Non-lawyer opinion.

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Hookah Horns

Hookah Horns 3089

Posted
Posted
13 hours ago, Brisketexan said:


I think their damages model is likely quite strong. There are literally legislative acts to back it up. Red jurisdictions will never, and practically speaking can never (or their own voters will lynch them) use Dominion machines.

I have no doubt they have/will suffer(ed) and can prove a high dollar amount of damages. Hundreds of millions. North of a billion dollars, though? We'll see. 

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Hmbre97

Hmbre97 6337

Posted
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18 hours ago, TwiceHorn said:

I did have a bit of fun in that their lead counsel, a quite attractive but rather shrill harridan, didn't know shit about computer programming and I was able to run circles around her on the technical witnesses and experts in depositions.  She'd had some experience in patent litigation and kept calling "wrapper scripts" "file wrappers."

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Biff Tannen

Biff Tannen 46202

Posted
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4 hours ago, Francisco 2.0 said:

Nothing to see here; just Tucker taking 41,000 hours of footage and editing it to his heart's content.

McCarthy was all about "transparency".

 

 

 

 

What could go wrong?

Fraudulent "news" station gets exposed in public and desperately wants a huge story to gin up its moron audience so they'll ignore the reality of said "news" station being exposed. 

Traitor Kevin McCarthy: HERE YA GO!

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The Royal We

The Royal We 3100

Posted
Posted

I hope to hell Dominion doesn't settle.  I'm not even sure if they are considering that or not, but putting these fucks on the stand and making them say out loud what we know they already said in text messages may be our only hope to break people out of the echo chamber of bullshit.

His closing is really the whole thing - a news organization in the United States argued that telling the truth would hurt their brand.  What in the actual fuck!?

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Gap03

Gap03 3395

Posted
Posted
25 minutes ago, The Royal We said:

I hope to hell Dominion doesn't settle.  I'm not even sure if they are considering that or not, but putting these fucks on the stand and making them say out loud what we know they already said in text messages may be our only hope to break people out of the echo chamber of bullshit.

His closing is really the whole thing - a news organization in the United States argued that telling the truth would hurt their brand.  What in the actual fuck!?

The "Fox News <-> crack dealer" analogy is so fucking spot on.  The whole thing is worth a listen, but if you don't have time, the last few minutes really brings it home.    

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Nivek

Nivek 17425

Posted
Posted
On 2/18/2023 at 1:38 AM, atomheartbevo said:

Yeah, show me a MAGA state that is eager to use those machines now.  The ones still using them are probably trying to get rid of them as soon as they can find the money for replacements.

I wouldn't use them either if I were a blue state.  Let the damage to their reputation be so significant they become majority owners of a fake news station in order to recoup their losses.

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Nivek

Nivek 17425

Posted
Posted
On 2/20/2023 at 10:40 AM, Francisco 2.0 said:

Nothing to see here; just Tucker taking 41,000 hours of footage and editing it to his heart's content.

McCarthy was all about "transparency".

 

 

 

 

How did those libs get 41,000 hours from a single day?  Do they think we're stupid or something? Duh!

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tigol

tigol 2491

Posted
Posted (edited)
48 minutes ago, Longhorn_Fan68 said:

and they have to replay the statement at every commercial break

And my racist right wing uncle and father-in-law won't give a shit.  These people are broken.  But, it would make me feel better.  So, I've got that going for me.

Edited by tigol
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BevoAbyss

BevoAbyss 2186

Posted
Posted (edited)

The Fox News "truth hurts our brand" is just another example of the full-on intellectual collapse in 40-50% of the US population, illustrating:

— the failure of basic educational systems

— the failure of mainstream news outlets (local and national) at multiple levels.

— the failure of science education and teaching logical, evidence-based thinking

— the failure of social media and news media to deal with conspiracy theory, pseudoscience quacks, Ancient Aliens, etc.

— the failure of secular society to counter the power of the church and televangelists to prime the pump by attacking reality with endless evidence-free claims about the power of faith, salvation, and the sacred scrolls, and so on. 

Been building for decades, at least since the Apollo 8 astronauts read Bible myths to the world while orbiting the moon in 1968. 

The bottom of the collapse can only be measured in direct proportion to how far the James Webb Space Telescope can see into deep space. 93 million light years? Well, that's bottoming out point, 93 million light years deep! 

Edited by BevoAbyss
clarity
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TwiceHorn

TwiceHorn 32107

Posted
Posted
On 2/18/2023 at 6:10 AM, Bookman said:

I have no experience with defamation cases but if you're going to take a case to trial, then this looks to me like it's a great candidate.

I would think it a fantastic case to have before a jury.

I have learned, though, that the actual malice standard, and some other privileges to defamation (neutral reporting, etc.) seem to be able to take a case from a jury, or out of court entirely, as a matter of law.  I have been somewhat shocked at how many lately have been dismissed on 12(b)(6) or the equivalent, and that sometimes means a jury verdict can be vulnerable on JMOL or appeal.

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Pato del Muerto

Pato del Muerto 53592

Posted
Posted
22 minutes ago, TwiceHorn said:

I would think it a fantastic case to have before a jury.

I have learned, though, that the actual malice standard, and some other privileges to defamation (neutral reporting, etc.) seem to be able to take a case from a jury, or out of court entirely, as a matter of law.  I have been somewhat shocked at how many lately have been dismissed on 12(b)(6) or the equivalent, and that sometimes means a jury verdict can be vulnerable on JMOL or appeal.

Does it have to be “we knew it was bad for dominion and that’s why we did it” malice or does “we didn’t care at all if it hurt dominion or didn’t, we just said it for our own benefit” get there?

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Hookah Horns

Hookah Horns 3089

Posted
Posted (edited)
1 hour ago, Pato del Muerto said:

Does it have to be “we knew it was bad for dominion and that’s why we did it” malice or does “we didn’t care at all if it hurt dominion or didn’t, we just said it for our own benefit” get there?

The latter gets there, although it's not essential that they did it to benefit themselves. How they felt about it potentially hurting Dominion is also irrelevant. Dominion has to prove it was false and Fox knew it was false or they recklessly disregarded whether it was true or false, and Dominion was damaged as a result. The term "malice" is a bit of a misnomer. 

Edited by Hookah Horns
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Hookah Horns

Hookah Horns 3089

Posted
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2 hours ago, TwiceHorn said:

I would think it a fantastic case to have before a jury.

I have learned, though, that the actual malice standard, and some other privileges to defamation (neutral reporting, etc.) seem to be able to take a case from a jury, or out of court entirely, as a matter of law.  I have been somewhat shocked at how many lately have been dismissed on 12(b)(6) or the equivalent, and that sometimes means a jury verdict can be vulnerable on JMOL or appeal.

Is this happening in situations other than where the plaintiff is a public official and fails to plead malice? 

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atomheartbevo

atomheartbevo 90674

Posted
Posted
6 hours ago, The Royal We said:

I hope to hell Dominion doesn't settle.  I'm not even sure if they are considering that or not, but putting these fucks on the stand and making them say out loud what we know they already said in text messages may be our only hope to break people out of the echo chamber of bullshit.

His closing is really the whole thing - a news organization in the United States argued that telling the truth would hurt their brand.  What in the actual fuck!?

Dominion is done as a company, so I don't know why they would want to settle, rather than get as much money from Fox News as possible, as well as anything else (such as statements by Fox News and/or its media personalities).

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Nivek

Nivek 17425

Posted
Posted
10 hours ago, Satchel said:

Compelling Fox to publicly admit lying to its viewers and to periodically apologize to Dominion on all shows would be a fate worse than death to everybody at that hell hole.

They will just put it on at 3 AM..  but first they will announce the station is going offline for an hour for repairs and updates.  during the offline segment, they will briefly come back on and announce the error.   Then they will claim they have been hacked if anyone notices. 

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Captainant

Captainant 28600

Posted
Posted
10 hours ago, TwiceHorn said:

I would think it a fantastic case to have before a jury.

I have learned, though, that the actual malice standard, and some other privileges to defamation (neutral reporting, etc.) seem to be able to take a case from a jury, or out of court entirely, as a matter of law.  I have been somewhat shocked at how many lately have been dismissed on 12(b)(6) or the equivalent, and that sometimes means a jury verdict can be vulnerable on JMOL or appeal.

 

On 2/17/2023 at 11:06 AM, Captainant said:

[twice]there's just not enough evidence to move forward[/horn]

Fucking called it lolololol

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TwiceHorn

TwiceHorn 32107

Posted
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8 hours ago, Hookah Horns said:

Is this happening in situations other than where the plaintiff is a public official and fails to plead malice? 

That is the issue, sufficiency of pleading of actual malice, that I am referring to.  It's not a complete failure and it seems that facially, the facts pled would survive dismissal and permit inquiry into them, but nope.

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TwiceHorn

TwiceHorn 32107

Posted
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9 hours ago, Hookah Horns said:

The latter gets there, although it's not essential that they did it to benefit themselves. How they felt about it potentially hurting Dominion is also irrelevant. Dominion has to prove it was false and Fox knew it was false or they recklessly disregarded whether it was true or false, and Dominion was damaged as a result. The term "malice" is a bit of a misnomer. 

Also, I wasn't sure what level of proof of "institutional" knowledge or disregard of falsity was required, but it seems in Delaware, at least, where this is pending, if anyone with editorial responsibility demonstrates that knowledge or disregard, that's good enough.

There seems to be plenty of back and forth between personalities and management to show institutional knowledge of falsity, regardless, but if Dominion had to show that Dobbs, for example, or one of his producers, knew of falsity, that could be tricky.

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Nice Guy Eddie

Nice Guy Eddie 13742

Posted
Posted

If Dominion ends up winning their case with FOX News, couldn't states also look to sue Fox News?

If Fox News has been found to intentionally lie about the voting integrity for many states or individual counties, shouldn't those govt orgs seek reimbursements for the damages they've received in having to spend millions on new tech or processes because citizens have lost faith in the voting systems. 

I don't think it will be hard to prove that many elected officials and citizens believe that elections are fake due to Fox News.

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horn4life

horn4life 3840

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Posted

The real bottom line is Fox News is a propaganda organization, not a news network.

I tape all the Sunday network news shows.  On Fox... you got 14 minutes of Tim Scott, 15 minutes of Train crash, 10 minutes of a drawings of court proceedings and 8 minutes of general negative reporting using polling on Biden.  NO COVERAGE AT ALL of the only truly historic event of the week. The President's visit to Ukraine.  Why you might ask was the single most historic news event of the weekend completely avoided by Fox News?  Because it has told us, it's viewers prefer a false narrative to reality.

So that's what Fox gives them each and every day.  A false narrative that fits with the predetermined biases of their viewers.  Other News stations clearly lean left, but the cover the fucking news.  Fox is different... because they are not a new channel, they are a propaganda channel.  Which is exactly why Newt Gringrich and the GOP passed changed the law that used to protect the American public from false narratives.  By changing the law to allow foreign ownership of broadcast networks in the United States. 

Fox News simply does not give a fuck about what is good for America or the American Public, they care about advertising. Nothing more, nothing less,  and they have the most loyal rubes in our country watching their lies and propaganda daily.

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Red Five

Red Five 41785

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The number of times I have had this conversation with people over the last 20 or so years. Me: "That's insane. Why would you think such a thing?"

"Well I was watching Fox News, and...."

Like, yeah sure it seems nuts, but would Tucker/Bill O'Reilly/Hannity/Glenn Beck/Ingraham lie to me?

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YGIFS

YGIFS 19458

Posted
Posted

I used to watch Bill O'Reilly with my mom when we'd visit one another.  He was off his rocker but he at least let his guests speak and I never found myself yelling at the television.  He was a ground-breaker for Fox, but in hindsight he seems like such an empty placeholder with a few functioning brain cells compared to the fucking insanity that pervades that network now.  

It's like Howard Stern, "The Shock Jock" is basically satellite radio for sane people now.  And Joe Rogan went from being an innocent game-show host to an unhinged lunatic with tens of millions of listeners.  

Can you imagine how fucking seditiously moronic the guy after Tucker Carlson is gonna be?  They've got him in a lab right now just filling his brain with Qanon, Putin porn, and pumping him full of MDMA and racehorse steroids.  

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Mrs Whiggins

Mrs Whiggins 13050

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4 minutes ago, YGIFS said:

I used to watch Bill O'Reilly with my mom when we'd visit one another.  He was off his rocker but he at least let his guests speak and I never found myself yelling at the television.  He was a ground-breaker for Fox, but in hindsight he seems like such an empty placeholder with a few functioning brain cells compared to the fucking insanity that pervades that network now.  

It's like Howard Stern, "The Shock Jock" is basically satellite radio for sane people now.  And Joe Rogan went from being an innocent game-show host to an unhinged lunatic with tens of millions of listeners.  

Can you imagine how fucking seditiously moronic the guy after Tucker Carlson is gonna be?  They've got him in a lab right now just filling his brain with Qanon, Putin porn, and pumping him full of MDMA and racehorse steroids.  

I have a debate with myself occasionally where I question whether Tucker is more dangerous as a Fox host or if the CIA had not rejected him and he worked in their employ.

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Red Five

Red Five 41785

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Posted
I used to watch Bill O'Reilly with my mom when we'd visit one another.  He was off his rocker but he at least let his guests speak and I never found myself yelling at the television.  He was a ground-breaker for Fox, but in hindsight he seems like such an empty placeholder with a few functioning brain cells compared to the fucking insanity that pervades that network now.  
It's like Howard Stern, "The Shock Jock" is basically satellite radio for sane people now.  And Joe Rogan went from being an innocent game-show host to an unhinged lunatic with tens of millions of listeners.  
Can you imagine how fucking seditiously moronic the guy after Tucker Carlson is gonna be?  They've got him in a lab right now just filling his brain with Qanon, Putin porn, and pumping him full of MDMA and racehorse steroids.  

So, Alex Jones.
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