4 ms·

Since when is a legitimately selected jury, with no external influences, finding Gawker guilty "abusive suppression of speech" or "malicious and frivolous"? Bo

Since when is a legitimately selected jury, with no external influences, finding Gawker guilty "abusive suppression of speech" or "malicious and frivolous"? Bollea likely would have won the case easily even if he hadn't received outside funding; the violation was just that egregious. I have a hard time taking seriously the "underlying narrative" various self-interested news sources are trying to weave.

zorpner 10y ago
Bollea's lawyer (paid for by Thiel, and who should be disbarred for his clear violation of basic legal ethical standards) made multiple trial decisions that punished Gawker at Bollea's expense. Besides, the specific case is a red herring -- Thiel simply got very lucky that one of the many lawsuits he was secretly funding against Gawker was so cut-and-dry. Had he not gotten that dropped in his lap, he would have continued funding other secret nuisance lawsuits until he was able to find something else with a substantial judgement (and then would have done what he did in this case -- announce that it was him in order to produce a chilling effect on other news organizations reporting negatively about his investments). You can't be simultaneously in favor of the legality of what Thiel did and against this: http://www.motherjones.com/media/2015/10/mother-jones-vandersloot-melaleuca-lawsuit http://www.motherjones.com/media/2015/10/mother-jones-vander...
- GrumpyYoungMan 10y ago
  >that punished Gawker at Bollea's expense That's for Bollea himself to decide, not us. Frankly, I see no evidence presented that he had any objection to the choices his attorney made. > You can't be simultaneously in favor of the legality of what Thiel did and against this: http://www.motherjones.com/media/2015/10/mother-jones-vandersloot-melaleuca-lawsuit http://www.motherjones.com/media/2015/10/mother-jones-vander... [edited] I can and rather easily, at that. Why? Because I can distinguish between cases that clearly have merit and cases that clearly don't. This "underlying narrative" people are trying to build, as I said, is just an outright non-starter.
  - zorpner 10y ago
    Thiel's intent was to bankrupt Gawker by secretly funding many cases such as the Mother Jones example. Again, he got lucky with the Bollea case (not only in that it was quite egregious, but that it provided an excellent framework to recruit unwitting members of the public to his defense by exploiting our cognitive tendency to break conflict into false dichotomies -- being anti-Gawker doesn't mean I'm pro-Thiel). Are you in favor of or against someone secretly funding multiple lawsuits in order to destroy a company producing negative press about their investment vehicles? That's the question that actually matters.
    - GrumpyYoungMan 10y ago
      >Are you in favor of or against someone secretly funding multiple lawsuits in order to destroy a company producing negative press about their investment vehicles? Do the lawsuits have merit or not? If they do, the source of funding or motivation or secrecy is clearly irrelevant.
      - zorpner 10y ago
        Is your assertion that lawsuits are decided fairly regardless of the amount of money each side is able to invest? the source of funding or motivation or secrecy is clearly irrelevant You should read about the history of champerty and maintenance in common law.
        GrumpyYoungMan 10y ago
        >Is your assertion that lawsuits are decided fairly regardless of the amount of money each side is able to invest? Obviously not, or Bollea wouldn't have sought Thiel's funding. Are you sure you that's the argument you intended to make? :) >You should read about the history of champerty and maintenance in common law. As a matter of fact, I have. I'd be very concerned about both champerty and maintenance ... if I were a wealthy British nobleman living several centuries ago. Those laws were deemed unnecessary in the modern era and repealed. It's just plain silly to bring up stale history.

zorpner 10y ago

Bollea's lawyer (paid for by Thiel, and who should be disbarred for his clear violation of basic legal ethical standards) made multiple trial decisions that punished Gawker at Bollea's expense. Besides, the specific case is a red herring -- Thiel simply got very lucky that one of the many lawsuits he was secretly funding against Gawker was so cut-and-dry. Had he not gotten that dropped in his lap, he would have continued funding other secret nuisance lawsuits until he was able to find something else with a substantial judgement (and then would have done what he did in this case -- announce that it was him in order to produce a chilling effect on other news organizations reporting negatively about his investments). You can't be simultaneously in favor of the legality of what Thiel did and against this: http://www.motherjones.com/media/2015/10/mother-jones-vandersloot-melaleuca-lawsuit http://www.motherjones.com/media/2015/10/mother-jones-vander...

GrumpyYoungMan 10y ago
>that punished Gawker at Bollea's expense That's for Bollea himself to decide, not us. Frankly, I see no evidence presented that he had any objection to the choices his attorney made. > You can't be simultaneously in favor of the legality of what Thiel did and against this: http://www.motherjones.com/media/2015/10/mother-jones-vandersloot-melaleuca-lawsuit http://www.motherjones.com/media/2015/10/mother-jones-vander... [edited] I can and rather easily, at that. Why? Because I can distinguish between cases that clearly have merit and cases that clearly don't. This "underlying narrative" people are trying to build, as I said, is just an outright non-starter.
- zorpner 10y ago
  Thiel's intent was to bankrupt Gawker by secretly funding many cases such as the Mother Jones example. Again, he got lucky with the Bollea case (not only in that it was quite egregious, but that it provided an excellent framework to recruit unwitting members of the public to his defense by exploiting our cognitive tendency to break conflict into false dichotomies -- being anti-Gawker doesn't mean I'm pro-Thiel). Are you in favor of or against someone secretly funding multiple lawsuits in order to destroy a company producing negative press about their investment vehicles? That's the question that actually matters.
  - GrumpyYoungMan 10y ago
    >Are you in favor of or against someone secretly funding multiple lawsuits in order to destroy a company producing negative press about their investment vehicles? Do the lawsuits have merit or not? If they do, the source of funding or motivation or secrecy is clearly irrelevant.
    - zorpner 10y ago
      Is your assertion that lawsuits are decided fairly regardless of the amount of money each side is able to invest? the source of funding or motivation or secrecy is clearly irrelevant You should read about the history of champerty and maintenance in common law.
      - GrumpyYoungMan 10y ago
        >Is your assertion that lawsuits are decided fairly regardless of the amount of money each side is able to invest? Obviously not, or Bollea wouldn't have sought Thiel's funding. Are you sure you that's the argument you intended to make? :) >You should read about the history of champerty and maintenance in common law. As a matter of fact, I have. I'd be very concerned about both champerty and maintenance ... if I were a wealthy British nobleman living several centuries ago. Those laws were deemed unnecessary in the modern era and repealed. It's just plain silly to bring up stale history.