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I am wondering, what are the legal perspectives of suing NYT for libel at this point. If Scott started a crowdsourcing campaign to fund legal defense, I would g

I am wondering, what are the legal perspectives of suing NYT for libel at this point. If Scott started a crowdsourcing campaign to fund legal defense, I would gladly throw in a couple of grand. Given the support Scott received when the situation with NYT's plans got public in the first place, this could set a very interesting precedent.

deleted 6y ago
[deleted]
andrewfong 6y ago
Given that his explicitly stated goal is to move on from this, probably a bad idea. Right or wrong, a lawsuit would invite the Streisand effect. As for whether there's any legal basis to sue, it's doubtful. There isn't a whole lot that's factually inaccurate in the NYT piece. It's innuendo and words taken out of context. California has a "False Light" claim that might apply, but I doubt any court would take that up. At its core, taking stuff you said in a public forum out of context is endemic to free speech in America. If we penalized it legally, a good chunk of Hacker News would be legally questionable.
- john_moscow 6y ago
  >At its core, taking stuff you said in a public forum out of context is endemic to free speech in America. If we penalized it legally, a good chunk of Hacker News would be legally questionable. I think, doing it with an explicit goal of misleading your audience in order to cause damage to a specific person should not be OK. I'm not saying censor it, but making NYT liable for any actual damage (like losing a job) + punitive damages would make sense. The thing is, the woke mob is employing the same silencing tactics as Putin's Russia. You don't have resources to shut everyone up, so you semi-arbitrarily target random people and make sure the consequences are extremely harsh. A high-profile person like Scott can just walk away from it. An average rank-and-file person with a mortgage and at best couple of months in saving will keep their mouth shut and pretend to agree with whatever the party line is. Like literally, that's Russia now. Everyone is poor and miserable, but Putin's approval ratings are >70% because, well, losing everything you have is just not worth a random act of dissent.
  - rafael09ed 6y ago
    A major problem in that is proving intent. How do you prove the New York times was intentionally misleading their audience to cause damage?
- inglor_cz 6y ago
  "lawsuit would invite the Streisand effect." That could be fairly good effect for a Substack writer who now strives to be independent. Unless, of course, the end result is that Visa and MasterCard deplatform Substack.
ufmace 6y ago
I'm pretty sure that nothing they printed is technically libel. They should at least know by now how to write a good hit piece without technically committing libel. I'm afraid there's not going to be a solution for what the American Media has become in the legal system.
ardy42 6y ago
> I am wondering, what are the legal perspectives of suing NYT for libel at this point. None at all.
unityByFreedom 6y ago
What part of the article did you find libelous or untruthful?
dohnuts1919 6y ago
IANAL, but my understanding is that it's extremely difficult to successfully sue someone for libel in the US, mainly due to all the First Amendment issues that come with letting the courts adjudicate what can and can't be said. Professionally-trained journalists are very aware of libel concerns and are taught to stay within the law. The NYT's journalistic standards may have taken a nosedive in recent years but I'm sure they can still afford good enough lawyers to avoid getting sued over a hit piece, even one as sloppy as this.

deleted 6y ago

[deleted]

andrewfong 6y ago

Given that his explicitly stated goal is to move on from this, probably a bad idea. Right or wrong, a lawsuit would invite the Streisand effect. As for whether there's any legal basis to sue, it's doubtful. There isn't a whole lot that's factually inaccurate in the NYT piece. It's innuendo and words taken out of context. California has a "False Light" claim that might apply, but I doubt any court would take that up. At its core, taking stuff you said in a public forum out of context is endemic to free speech in America. If we penalized it legally, a good chunk of Hacker News would be legally questionable.

john_moscow 6y ago
>At its core, taking stuff you said in a public forum out of context is endemic to free speech in America. If we penalized it legally, a good chunk of Hacker News would be legally questionable. I think, doing it with an explicit goal of misleading your audience in order to cause damage to a specific person should not be OK. I'm not saying censor it, but making NYT liable for any actual damage (like losing a job) + punitive damages would make sense. The thing is, the woke mob is employing the same silencing tactics as Putin's Russia. You don't have resources to shut everyone up, so you semi-arbitrarily target random people and make sure the consequences are extremely harsh. A high-profile person like Scott can just walk away from it. An average rank-and-file person with a mortgage and at best couple of months in saving will keep their mouth shut and pretend to agree with whatever the party line is. Like literally, that's Russia now. Everyone is poor and miserable, but Putin's approval ratings are >70% because, well, losing everything you have is just not worth a random act of dissent.
- rafael09ed 6y ago
  A major problem in that is proving intent. How do you prove the New York times was intentionally misleading their audience to cause damage?
inglor_cz 6y ago
"lawsuit would invite the Streisand effect." That could be fairly good effect for a Substack writer who now strives to be independent. Unless, of course, the end result is that Visa and MasterCard deplatform Substack.

ufmace 6y ago

I'm pretty sure that nothing they printed is technically libel. They should at least know by now how to write a good hit piece without technically committing libel. I'm afraid there's not going to be a solution for what the American Media has become in the legal system.

ardy42 6y ago

> I am wondering, what are the legal perspectives of suing NYT for libel at this point. None at all.

unityByFreedom 6y ago

What part of the article did you find libelous or untruthful?

dohnuts1919 6y ago

IANAL, but my understanding is that it's extremely difficult to successfully sue someone for libel in the US, mainly due to all the First Amendment issues that come with letting the courts adjudicate what can and can't be said. Professionally-trained journalists are very aware of libel concerns and are taught to stay within the law. The NYT's journalistic standards may have taken a nosedive in recent years but I'm sure they can still afford good enough lawyers to avoid getting sued over a hit piece, even one as sloppy as this.