Can we talk?
Let’s start by clarifying a misconception that came up earlier this week re the Steve Rose / Kansas City Star brouhaha. And that’s that “free speech” has nothing to do with careless reporting and the defamation of a public figure like Kansas State Senator Jim Denning.
Form example, “free speech” does allow Rose or the Star to call out Denning for being a dummy or horses ass – whether arguably true or not. What it does not do is allow Rose and the newspaper to put words in Denning’s mouth and report them as fact.
That’s libel.
And by pretty much all accounts, that’s exactly what happened.
For which Rose basically acknowledged his mistake to Denning in writing (big mistake) and offered to resign from the newspaper if Denning would let the matter drop. Shortly after which, realizing what Rose had done, the Star permanently removed Rose’ column from its website.
As for blogger dude Tony claiming Rose and the Star were merely practicing free speech…
“He’s opining on something he doesn’t know anything about,” says Dwight Sutherland, a practicing Kansas attorney. “First of all, free speech means the government can’t restrict your speech. It has nothing to do with a private citizen who’s been damaged by a publication, seeking redress. So that dog won’t hunt.”
To wit, the 1st Amendment, “is an amendment to the US Constitution that prohibits any law limiting freedom with respect to religion, expression, peaceful assembly, or the right of citizens to petition the government.”
In his lawsuit against Rose and the Star, Denning is “a private citizen asserting his rights against another private citizen ,” Sutherland notes. “It has nothing to do with big government. This isn’t the first amendment because there’s no state action…It has nothing to do with censorship, prior restraint – all of that bad stuff that the founders were worried about.”
Which brings us to former Star reporter-turned-blogger Jim Fitzpatrick‘s column on the subject: “Not libel but almost certainly a major journalistic screw-up.”
“The speed of Rose’s resignation might lead some people to think Denning might be able to prevail in a libel suit…” Fitzpatrick writes.”That and the fact (that) The Star is not defending the column and has now pulled it from its online inventory…But, no…Denning, mainly because he is a public figure, has virtually no chance to prevail if the lawsuit goes forward. I’m sure he knows it, and I’m sure his attorney, Michael J. Kuckelman of Overland Park, also knows it.”
Not so fast, Jimmy C.
“Fitzpatrick’s saying Denning can ‘t win because he’s a public figure,” Sutherland says. “The problem with that is, they’ve handed the malice element to Denning, and Rose admitted it by sending that email that said, ‘you and your staff are right.’
“Fitzpatrick doesn’t understand that malice doesn’t mean, mean-spirited or snarkiness – it just means,’ I knew it was false or I should have known it was false.’ It could be unintentional or reckless.
“(Fitzpatrick) did get one part right, that there’s an additional hoop you have to pass because Denning’s a public figure – and that’s malice (but) Rose admitted he knew it was false in that email. And now he comes back and says, ‘I’ve never written anything false in 50 years,” but it’s too late – he already made the admission – in writing.”
As for Stormy Daniels failing to nail President Trump for defamation for publicly calling her horse face, “Malice doesn’t mean mean spirited,” Sutherland reiterates. “Calling Stormy Daniels horserace is an opinion and that’s allowed. That’s just an insult, you can say anything.”
The bottom line: The challenge Denning faces will be to prove damages, which is why he included as an example, the email he got from someone who had apparently read Rose’s column in the Star:
“I will not address you with a title,” it began, “you must earn that respect and believe me when I say that you never will. Who the fuck made you the judge, jury and executioner for those who need medical care? Who the fuck do you think you are, asshole? What you are is a pathetic, insecure piece of dog shit and that is probably an insult to dog shit. Just keep your fucking mouth shut and for once try helping ALL the citizens of your state, not just the ones you deem fit to even exist. Better yet, resign and and go back to pushing shopping carts at Walmart. That is if you are capable of such a difficult task. Pathetic, fucking asshole. Ed”
Stay tuned…
Fascinating local internecine indignation, exposed! Litigation ensues!! Wrongs made right!!! Again, WTF was Rose thinking when he goes on record with an email? Next, we will find out his server was in a basement in Chappaqua and he, according to “anonymous” sources is receiving a “Cheryl Mills” immunity from Robert Mueller because Denning is an evil white “Climate Denier”. Rose will then (cough, cough) switch over to the Democrat Party having fallen off of his donkey outside the walls outside of Nancy Pelosi’s mansion. More on this at 11:00!!!!
🙂
The email from “Ed” is of interest to me.
It’s is existential flame throwing (Perhaps cathartic – that might be a good thing, said Mr. Peckinpah.) idiocy from a man who stands on the shoulders of such genius’ as Lena Dunham, Racheal Doelazel, Rachel Jeantel and the legion of Warholian noteworthy, Bad Company luminaries who existed once in the liberal celestial emperium.
Perhaps “Ed’s” time is at hand. He is certainly by way of his eloquence, qualified to ponder the Socialist Sabermetric efficacy of his position on Health Care.
That should be Rose’s defense strategy right there.
“Your Honor!! May it please the court! I would like to submit, that this email, in fact, exonerates my client and move to dismiss all charges! This email is prima facie of the myopia, implicit danger and intransigent nature of the rising tide of radical, violent left wing damage that is now, even as we speak, envisaged for all of us, in the coming one party, Fascist take over of our country by intemperate, revolutionaries who seek our destruction!
Were it not for Mr. Rose and this proceeding, here today, emphasis on emails like this, from the growing number of unhinged, tempestuous anarcho-tyrannists would be, as they always are, hidden from view. Thank God for Steve Rose and his heroic efforts to expose the 5th column of would be Socialist saboteurs who would have us all paying for millions of Pre-Op Trannies out here in the hinterland, seeking sex change operations on the public dole (Don’t laugh.)! Before long, anyone who wants a Native American “hang down” bolted on to her formerly female kibbles and bits (That should get ANYONE elected Sharice Davids, beware!), would break the bank!!!
This proceeding should, in my august opinion, result in the keys to the city, being awarded to Mr. Rose. I have contacted several municipalities and Kansas City Kansas is all in!!!”
Well, anyway…
🙂
I don’t see why the email Denning included in his lawsuit is proof of any damages, per se. I think there are loads of his constituents who feel the same way as the letter writer, and would have (maybe already have) expressed their opinions of his position on Medicaid expansion for the state in similar terms even *without* the article by Rose. (Maybe with fewer curse words, in many cases, but to each their own!)
I feel like Denning might do well to buck up and try to remember the nursery rhyme “sticks and stones may break my bones, but words will never hurt me” if he’s going to remain in office, or even try for higher level positions in the future. The letter from Ed is simply a constituent speaking their mind, sharing a personal opinion of Denning. What damages can come of that? Hurt feelings? Realizing that his constituency wants him to OPEN HIS EYES, and realize what a mistake it’s been for our state to not have expanded Medicaid in prior years??? ::sigh:: Poor Jim. Now pardon me while I go collect my eyes from the roll that sent them to the back of my head…
The damages, dear denning constituent are fairly flagrant…
In that voters who read Rose’s made up Denning opinions will likely vote against him and thus deprive him of making a living as a state senator. Seems fairly obvious.
That blogger dude Tony would ever publicly opine on anything related to defamation is hilarious.
Well Nick, he has tasted the forbidden fruit…
Kinda revealing though at how shallow his take on the matter was. But hey, he’s a nice guy who works his ass off because he relishes his (proverbial) 15 minutes of mini fame.
Nah – will take a pass on the nice guy take; time and time again he’s publicly been deliberately cruel and offensive to people who did nothing to deserve it. Nice people don’t do that, regardless of how enamored they might be with themselves.
Well, no argument here…
I’ve heard that for years, Nick
If human capital is, indeed, the sum of our work, than Tony’s endeavors should make him the King Croseus of bloggers (I don’t know what it pays, but it is surely more diverse and interesting than the Huffington Post). The man is relentless. His eponymous, local, Drudge simulacrum begins every day, even now, in the freezing, stygian Kansas City nights, before anyone wakes, produces an eclectic selection of information that combines local, national and international stories to peruse, prior to the percolation of my morning brew. I’m always impressed at his work ethic (I’ve never met a Mexican that didn’t work his/her ass off.).
There is no little irony in my posting of this comment today. Free Speech, really is under attack in the Occident and my layman’s interpretation of the law is along the predictable lines of “Fire in the theater”. I thought that Dwight Sutherland’s comments were in direct dispute with Tony’s take over the last few days and posted a link to kcconfidential on Tony’s Kansas City in order to further the conversation. Ironically, Tony deleted my comment, something he rarely if ever does (Bad blood?). Whatever…
TKC is the daily, honest, dissemination of interesting news, that provides a pop-off-valve,the cathartic ability to comment, freely on subjects that Metro readers wish to expound on. The restriction of commentary by those whose interests are antithetical to the “Narrative”-“Mission Statement” of the Kansas City Star is well documented. For example, Dwight Sutherland’s inability, in spite of his impeccable credentials, erudition, bona fides and obvious talent with the King’s English, is overlooked, and purposefully obfuscated (Shadow Banned) by the Star and his voice, unheard, diminishes us all in this misguided and pernicious pursuit of a Procrustean Progressive narrative. Unhook the tubes and break free of this Main Stream Media Matrix!
The comment section on local newspapers and blogs are the existential “triggers” for those who would, by way of overweening “Virtue Signalling” control discourse in pursuit of a Communist colloquium that restricts Free Speech. Wounded by opinions, words, microaggressions and other neologistic creations of crypto Fascist editors and rulers in the Main Stream Media, we are constrained in fear of our own truths. Not on TKC, or, for that matter, on kcconfidential.
Free Speech is, IS the stanchion supporting what is left of our rights, to speak truth to power. It is, IS in danger. Look east to brother England, where even now, formerly free citizens languish in prison for speaking their minds in public. Where once the Magna Carta was signed at Runnymede, next to the Thames, the Tower of London adjacent to that same river, looms as it once did, over a population intimidated by the brute power of the Imperium.
Tony’s current preoccupation, is, the 4 billion dollar Airport. This is way, way out of my pay grade. Does anyone, like me, who admits to being in over their head when it comes to finance and the efficacy of this initiative believe that they will get the truth from the Kansas City Star? Not a chance.
Looking in the windows of City Hall, we see an oculus. It is actually an abattoir. There is light, but at the edges, where we are “Shadow Banned” we can’t quite see the truth. Local blogs, as opposed to the “Paper Of Record” are our best chance to actually see how the sausage is made. It is often times ugly and we would like to look away. If we are forced to eat it, have it shoved down our throats, then, we should at least see what and who is being slaughtered.
God bless the Free Speech on these local blogs, especially in the comment sections. God bless Kansas City and God Bless America.
Interesting take, Chuck…
If nothing else, give Tony credit for an incredible work ethic in for the most part quilting together the reporting of others then adding his spin. His Achilles heel, if you will, is his total lack of regard for actual reporting and verification of facts…which is an essential part of anything approaching legitimate journalism.
Absent that, you’re basically saluting an interesting friend with an interesting hobby that you find entertaining.
The less positive aspect of his endeavor is that he has a tendency to throw everything at the kitchen sink in terms of “news tips? which sans any verification or sourcing can be as much or more of a negative than a positive…and can get him in trouble, which it did.
As for killing your link to Dwight Sutherland’s dismantling of his unthought out “free Speech” position, TKC is a vanity project, Chuck. He’s not doing this for money. He’s doing it because he craves attention…he wants desperately to be “somebody” – somebody of importance.
And when out comes to real life, he has extremely thin skin