Posted on 03/05/2012 10:38:29 AM PST by Scoutmaster
Okay. But does that mean that she talked about how much sex she was having and that, therefore she's a slut? And does that mean she talked about how much sex she was having and that she needed contraception for it and wanted somebody to pay for her sex, so she's a prostitute?
No. Limbaugh could have attacked her statements about the medical conditions and all of that.
He chose to attack her personally. And he did so by claiming that she made certain specific statements to Congress (which she didn't make), and then said she was a slut and a prostitute because of the statements that she really didn't make.
Limbaugh struck out.
And on this board, people keep repeating (and making up) false things that she supposedly said. That bothers me as a conservative. I thought our currency was facts.
For what?? Exercising his 1st Amendment rights!!???
For what?? Exercising his 1st Amendment rights!!???
Excellent point. A kind of "suicide bomber" plaintiff, who risks no financial skin of her own, because even if she gets slapped with court costs, rich commies would come out of the woodwork, not only to pay her legal expenses, but also to set up a scholarship fund in her name.
And Obama and the leftist media would love it.
I realize that now. I thought when the word “testimony” is used in a legal setting, such as before Congress, it meant statements made under oath. The very word “testimony” in reports of this matter is dishonest. It was not testimony, it was just unsubstantiated gossip.
If she sues and wins against Limbaugh, then all I can say is that Sarah Palin will be raking in a lot of dough from all of her lawsuits.
You're required to conducted a particularized determination, according to Bruno & Stillman, 633 F.2d 583 (1980). So not everybody's going to agree on whether Sandra Fluke is a limited public figure.
And the fact that everybody knows who she is now doesn't help Limbaugh. The question is whether she was a limited public figure when she completed her presentation, and before Limbaugh launched into her.
That's because, if the main controversy that made the person a public figure is the alleged defamation itself, then the defendant can't point to that controversy as making the plaintiff a limited public figure. "Those charged with defamation cannot, by their own conduct, create their own defense by making the claimant a public figure." Hutchinson v. Proxmire, 443 U.S. 111, 135.
I imagine a lawsuit would not even start until after the election.
If she is considered a public figure under the law like Palin, Rush, Obama are, then it's pretty hard to sue for slander under the law.
Rush has apologized for losing it. He was wrong to lose focus. I did it, too. I can understand Rush not addressing the medical claims. What does he know about PCOS? I knew nothing about it until recently. I educated myself on the subject, however. I want to know more. I want to know why there seems to be an explosion of PCOS diagnoses. I want to know the relationship between birth control pills, including morning after pills, and the increase in ruptured ovarian cysts. I want to know long term effects of the “safe” morning after pills. I want to know sales rates for morning after pills. But Rush can’t talk about these things. Women do not talk about these things except on anonymous message boards on which they write panicked personal stories of the side effects they are experiencing. Where are the enterprising journalists? Would big media publish a story that made big pharmacy look bad?
The story sounds made up, or at the very least, exaggerated and distorted. It sounds way too much like a perfect victim story to be true.
What we do know is that Fluke is no expert on PCOS or any of the topics she gossiped about. She does not know anything about birth control and PCOS.
And let'[s remind the women that sexual transmission of disease is a bigger problem and you should be using condoms, too....but it's not about sex, or disease or the remote possibility of abstinence....it's about FREE!!!!!
She's clever....mixing medical conditions with "sex".
Something I noticed....the rhythm of Fluke's dissertation....sounds identical to Hillary's speech....I think as valedictorian perhaps....(I almost think Hillary wrote this for Sandra or perhaps its an old Hillary speech that was never "performed". What was in Hillarycare about this subject???
The story sounds made up, or at the very least, exaggerated and distorted. It sounds way too much like a perfect victim story to be true.
What we do know is that Fluke is no expert on PCOS or any of the topics she gossiped about. She does not know anything about birth control and PCOS.
She used a lot of "we" for someone who meant "they".
“The story at the Cybercast News Service characterized a portion of her testimony as sounding like (based on her own financial figures) she was engaging in sexual activity so often she couldn’t afford it. I focused on that because it was simple trying to persuade people, change people’s minds.” - Rush Limbaugh
It would be hard to win, since sane people would realize that Rush has done a lot of "offensive satire" in his career. But the object would not be to win in court, but to damage the conservative cause in the court of public opinion.
It seems to me that the Left is adept at judge shopping. And she is a law student. How convenient.
She is a public figure, and Rush already issued 2 apologies in a couple of days. A suit will backfire on the Dims, so it won’t happen.
She's not. She's not 'pervasively' in the news and public eye, so she's not a public figure under Times v. Sullivan.
The question is whether she's a limited public figure. It's true that she thrust herself into the spotlight on this issue, but was she really a public figure when she ended her presentation? How many people here knew who she was by name when she ended her presentation and before Limbaugh opened his mouth?
Federal law's clear that any of the notoriety she got as a result of Limbaugh's comments can't be used in determining whether she was a limited public figure for purposes of figuring out whether Limbaugh defamed her. You have to look at whether the public generally knew who she was before Limbaugh said anything about her.
I doubt one person out of 1,000 could have identified her, even after she finished speaking. And I mean as "oh, she's the lady who spoke about contraception before Congress" (well, the Democrats in a face proceeding).
I now think the connection is to Hillary. Hillary had a couple of bills in 2006 as Senator for free contraceptives and female services for poor women.
It might not happen, if only for the reason that Fluke is getting camera-shy. But if she did sue, it would keep the media talking about what the Left wants.
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