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Hey Borat! Not Everyone's In on the Joke(Frat Brothers Drunk Made Anti-Semitic Remarks, Sue Film)
LegalZoom.com ^ | LegalZoom Staff

Posted on 11/21/2006 3:14:09 PM PST by fight_truth_decay

Although Sacha Baron Cohen's new blockbuster comedy, Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan, has received laughs from its American audiences, not everyone found the movie so funny--especially many of the film's actors. From humiliated University of South Carolina fraternity brothers to destitute citizens of a remote Romanian village, Cohen has made enemies across the globe. In fact, a few of the disgruntled people who appear in his film are now lining up to take legal action against Twentieth Century Fox, the studio releasing Cohen's movie.

At issue is the damage caused to the lives of unwitting participants in the film and even to groups of people stereotyped in the movie. Most of those who appear in Borat are not professional actors reading scripted lines. Rather, many allege they were told they were participating in a documentary and were encouraged to interact with a foreign "journalist." In reality, the journalist was Cohen portraying Borat, a peculiar and antagonistic Central Asian man, unaccustomed to American courtesies and customs. The situations Borat created often led to comedic and sometimes embarrassing results.

Fraternity Brothers Taking a Sober Stance

At one point in the film, three fraternity brothers from the University of South Carolina pick up a hitchhiking Borat. During the sequence, two of the young men, while apparently inebriated, make misogynistic and anti-semitic remarks. Soon after the film's opening, the young men took legal action, seeking to enjoin Cohen and his distributor Twentieth Century Fox from showing the movie.

In their complaint, the two men allege that the movie has caused them emotional distress along with injuring their reputation and standing in the community. Since the release of the film, both individuals have lost their jobs – one at a large corporation and the other an internship. According to the men, immediately prior to filming Cohen's film crew took them to a bar and encouraged them to drink. Once heavily intoxicated, the boys were asked to sign a release form.

In other words, the two men allege they did not have the legal capacity to contract. Under contract law, to be legally bound to a contract you sign, you must have the mental capacity to enter into that agreement. Any level of intoxication obviates the signor's clarity of thought and judgment and invalidates the contract.

The two men also allege that the production staff misrepresented the nature of the film and where it would be distributed. Put simply, the young men claim that they were told the "documentary" they were participating in would never air in the U.S. To make a claim of misrepresentation, one would have to demonstrate that they were intentionally told a statement that was blatantly false, with the intent to deceive them. They would also have had to prove that they somehow relied on the false statement and that they had suffered measurable damage as a result.

Thus, their attorneys will have to demonstrate that this statement was actually made, that the young men believed it, that it was false when it was told to them, and that it was said so as to purposefully deceive them into believing it would never air in the U.S. The fraternity brothers and their legal team will have to show that they would not normally behave in this manner, and that their employment termination, caused by their appearance in the film, constitutes a loss of money and income.

Fake Kazakh Journalist Might Face Real Rumanian Lawsuit

Borat's detractors are not only in the U.S. The villagers of Glod, Romania may also sue the movie's producers. Glod was the small village used as a stand-in for Borat's tiny village in Kazakhstan. The leaders of the town allege that the uneducated villagers were induced to perform crass acts unaware of their meaning or that their images would be used for a film. According to a spokesperson, the villagers believed the filmmakers were merely shooting a documentary. In addition, the villagers are alleging that the filmmakers did not pay them adequately for the humiliation they suffered or for the use of their village.

Alternatives To Legal Action

Redress comes in many forms, and some of Baron Cohen's "victims" have sought alternatives to traditional legal action to resolve their concerns.

After unwittingly booking Borat for her live news show, TV News Producer Dharma Arthur left her job at a local Jackson, Mississippi news station. Borat wreaked havoc on air, urgently telling the host and the viewers about his need to urinate and then proceeding to mention other sex acts.

Arthur claims Borat's appearance caused the station to lose faith in her abilities as a producer and forced her out. However, following a bought with depression over her major career mishap, Arthur found vindication and an opportunity to ameliorate the damage to her news career by documenting her negative experience in Newsweek magazine.

Sovereign nations might find it difficult to sue for slander, so the fictitious Borat's factual homeland, Kazakhstan, has taken a public relations approach to combating the negative depiction of their country. Kazakhstan's leaders have spoken out against the character of Borat and his film.

Starting in 2004, the press secretary for the Kazakh embassy launched a campaign to dispel each and every untruth spoken by Borat. In addition, Kazakh press secretary Roman Vassilenko reached out to The New Yorker and the Washington insider's weekly, The Hill in an effort to combat the negative stereotypes potentially created by Cohen's character. In addition, Kazakhstan's deputy foreign minister, Rakhat Aliyev has even gone so far as to extend a public invitation to Cohen to visit the large Central Asian country.

Even if legal action and publicity campaigns do not succeed in stopping Baron Cohen, at least one of his detractors has sent a strong message. After having appeared on Saturday Night Live as Borat, Baron Cohen, still in costume, went to a local bar and play a prank on an unsuspecting New Yorker. According to the report, Baron Cohen asked the man for his clothes so that he could perform a sexual act upon them. The man, un-amused, took great umbrage and attacked Baron Cohen.

There is no word yet if Cohen is seeking a legal remedy.

The article above represents the thoughts and opinions of the author and does not represent in any way the official position of LegalZoom.com Inc.


TOPICS: TV/Movies
KEYWORDS: baroncohen; borat; dharmaarthur; lawsuit
...their legal team will have to show that they would not normally behave in this manner...

Can the power of intoxicants and/or the environment cause a 'temporary' change in one's persona?

"....mental states, induced by various physiological, psychological, or pharmacological maneuvers or agents, which can be recognized subjectively by the individual himself (or by an objective observer of the individual) as representing a sufficient deviation, in terms of subjective experience or psychological functioning, from certain general norms as determined by the subjective experience and psychological functioning of that individual during alert, waking consciousness. This sufficient deviation may be represented by a greater preoccupation with internal sensations or mental processes than is usual, by changes in the formal characteristics of thought, and by impairment of reality-testing to various degrees...." -Chuuk-Socio-Cultural Interpretation

CNN Money reports Borat , promoted as a "mockumentary", made $29 million in its' first two weeks internationally.

1 posted on 11/21/2006 3:14:11 PM PST by fight_truth_decay
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To: fight_truth_decay

Lawsuits not going anywhere!!!

With his tradition of always responding in character (as Borat), and never as his real self (as Sacha Baron-Cohen), it might get interesting, but the lawsuits won't proceed.


2 posted on 11/21/2006 3:16:34 PM PST by El Conservador ("No blood for oil!"... Then don't drive, you moron!!!)
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To: El Conservador

"Lawsuits not going anywhere!!!"

Based on what?


3 posted on 11/21/2006 3:18:53 PM PST by L98Fiero (Terrorists, Communists and Liberals. All happy with a Democrat Congress)
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To: L98Fiero

In my experience, you don't have to get South Carolina fraternity guys that drunk for this sort of thing.


4 posted on 11/21/2006 3:21:31 PM PST by Callahan
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To: fight_truth_decay

They banned this film in Russia. And the Kazakhs aren't so happy either.

http://stopborat.com/


5 posted on 11/21/2006 3:22:04 PM PST by G8 Diplomat
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To: fight_truth_decay
In their complaint, the two men allege that the movie has caused them emotional distress along with injuring their reputation and standing in the community. Since the release of the film, both individuals have lost their jobs – one at a large corporation and the other an internship.

Baaaaaaawaaaaaaa!!!! That is even funnier than the Borat movie.

6 posted on 11/21/2006 3:24:10 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: L98Fiero

Based on the fact that Fox's lawyers are much bigger than the frat boys, and that the fratties drank $100 worth of alcohol before voluntarily taking part! :)

http://www.showbuzz.cbsnews.com/stories/2006/11/21/movies/main2202063.shtml

http://uk.movies.ign.com/articles/747/747046p1.html


7 posted on 11/21/2006 3:25:05 PM PST by AngloSaxonChristian
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To: AngloSaxonChristian

What are the chances of Borat finding two sexist, racist and anti-semitic frat boys?


8 posted on 11/21/2006 3:27:46 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: fight_truth_decay
Borat wreaked havoc on air, urgently telling the host and the viewers about his need to urinate and then proceeding to mention other sex acts.

"Urination and other 'sex acts'"...?! Hmmm...didn't know they went for that stuff in Mississippi! ;-)

9 posted on 11/21/2006 3:27:50 PM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: fight_truth_decay

Wow, was everything in the movie for real except for the two actors? If so, that film was a masterpiece.


10 posted on 11/21/2006 3:29:41 PM PST by Williams
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To: AngloSaxonChristian
Baron Cohen, still in costume, went to a local bar and play a prank on an unsuspecting New Yorker. According to the report, Baron Cohen asked the man for his clothes so that he could perform a sexual act upon them. The man, un-amused, took great umbrage and attacked Baron Cohen.... There is no word yet if Cohen is seeking a legal remedy.

Stretch a rubber band too far and it just might come back to snap ya!

11 posted on 11/21/2006 3:33:20 PM PST by fight_truth_decay
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To: Williams

Sing it! (Kazakhstan's National Anthem)

Kazakhstan greatest country in the world.
All other countries are run by little girls.
Kazakhstan number one exporter of potassium.
Other countries have inferior potassium.

Kazakhstan home of Tinshein swimming pool.
It’s length thirty meter and width six meter.
Filtration system a marvel to behold.
It remove 80 percent of human solid waste.

Kazakhstan, Kazakhstan you very nice place.
From Plains of Tarashek to Norther fence of Jewtown.
Kazakhstan friend of all except Uzbekistan.
They very nosey people with bone in their brain.
Kazakhstan industry best in the world.
We incented toffee and trouser belt.
Kazakhstan’s prostitutes cleanest in the region.
Except of course Turkmenistan’s

Kazakhstan, Kazakhstan you very nice place.
From Plains of Tarashek to Norther fence of Jewtown.


12 posted on 11/21/2006 3:34:56 PM PST by I Hired Craig Livingstone
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To: G8 Diplomat
That's a great site.

I believe it's made by the same people that created The People's Cube, Communists for Kerry, and Che-Mart.
13 posted on 11/21/2006 3:35:34 PM PST by Madison Moose
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To: Williams
Wow, was everything in the movie for real except for the two actors? If so, that film was a masterpiece.

Yes, it was real. Borat and companion were the only ones who were acting. That's why it's so funny.

14 posted on 11/21/2006 3:36:18 PM PST by I Hired Craig Livingstone
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To: Madison Moose

Oh really? I didn't know that....
OK, ignore post #5 everybody


15 posted on 11/21/2006 3:40:15 PM PST by G8 Diplomat
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To: AngloSaxonChristian

So you wouldn't mind the Girls Gone Wild crew getting your daughter drunk and tricking her into doing stuff? How open minded of you.

And entering into contracts under false pretenses the other parties are under the influence of alcohol is OK with you? Just wondering.


16 posted on 11/21/2006 3:42:38 PM PST by L98Fiero (Terrorists, Communists and Liberals. All happy with a Democrat Congress)
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To: I Hired Craig Livingstone

Actually the prostitute is an actress.


17 posted on 11/21/2006 3:43:41 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: L98Fiero

I imagine those frat boys are anti-semitic and racist jerks with or without alcohol.


18 posted on 11/21/2006 3:45:32 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: fight_truth_decay
People seem to be dismissing these lawsuits as frivolous, but I wonder if they might not succeed. There is no question that Cohen and his producers deceived their "actors." If the frat brothers were obviously drunk when they signed the release, as I gather that the film shows them to be, then they were not competent to sign.
19 posted on 11/21/2006 3:47:55 PM PST by TChad
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To: TChad

I am not quite sure I see the cause and effect relationship of getting drunk and spouting racist and anti-semitic garbage.


20 posted on 11/21/2006 3:50:38 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: trumandogz

Probably, but they believe they were duped into exposing it to the world by someone making false claims and entering into possibly non-binding contracts due to impairment by alcohol.


21 posted on 11/21/2006 3:51:21 PM PST by L98Fiero (Terrorists, Communists and Liberals. All happy with a Democrat Congress)
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To: trumandogz

Ahh, that's right. I figured as much given the end scene in Romania. Niiccee.


22 posted on 11/21/2006 3:52:57 PM PST by I Hired Craig Livingstone
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To: I Hired Craig Livingstone

The interview with Alan Keyes was Niiccee!


23 posted on 11/21/2006 3:54:53 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: trumandogz

Not as good as Da Ali G interview with Pat Buchanan:

http://www.youtube.com/watch?v=9bfsaoWLjxY


24 posted on 11/21/2006 4:10:19 PM PST by I Hired Craig Livingstone
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To: trumandogz

You don't know that. They were set up and lied to.


25 posted on 11/21/2006 4:15:42 PM PST by common denominator
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To: fight_truth_decay
If consent forms were signed....then it's all good.

(See: 'Girls Gone Wild' shirtlifter lawsuits)

26 posted on 11/21/2006 5:09:56 PM PST by BossLady
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To: trumandogz
I am not quite sure I see the cause and effect relationship of getting drunk and spouting racist and anti-semitic garbage.

I didn't imply any such relationship. You'll have to ask Mel Gibson about that sort of thing.

27 posted on 11/21/2006 5:12:31 PM PST by TChad
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To: common denominator
Yeah, Right.

Every time someone lies to me I start spewing racist and anti-semitic garbage.

The Frat Boys were only set-up by their own stupidity.

28 posted on 11/21/2006 5:27:31 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: I Hired Craig Livingstone

The Ali G interview with James Baker is a riot too.


http://www.youtube.com/watch?v=yXbNLkNhy1M


29 posted on 11/21/2006 5:32:48 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: L98Fiero
"By himself being anti-Semitic, he lets people lower their guard and expose their own prejudice, whether it's anti-Semitism or an acceptance of anti-Semitism," he (Borat) says."

Cohen says doesn't like to discuss how he got people to appear on camera or take seriously Borat's preposterous questions. Revealing his tactics, he says, would be "a disaster, terrible for me."-- Forbes.com

35-year-old British comedian

Have you noticed if draped in "comedian status" there are "free passes" going around? Billy Crystal in black-face on Hurrican Katrina, for example; black comedians' use of the N word, X-rated sexual innuendoes rants of Bush by Whoopie at Kerry fundraiser, Micheal Richards' racist banter with a heckler.. if only Mel Gibson had been a comedian............ the Media and David Letterman would have been more forgiving.

30 posted on 11/21/2006 5:35:38 PM PST by fight_truth_decay
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To: BossLady
If consent forms were signed...after intoxication..

Under contract law, to be legally bound to a contract you sign, you must have the mental capacity to enter into that agreement. Any level of intoxication obviates the signor's clarity of thought and judgment and invalidates the contract.-Legal.zoom story above.

Certainly there can be no rational ground for asserting that a man can have a moral obligation to obey a legal rule that does not exist, or is kept secret from him, or that came into existence only after he had acted, or was unintelligible, or was contradicted by another rule of the same system, or commanded the impossible, or changed every minute-- Legal Realism and the Social Contract
Fuller's Public Jurisprudence of Form, Private Jurisprudence of Substance

31 posted on 11/21/2006 5:47:13 PM PST by fight_truth_decay
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To: trumandogz
According to the boy's complaint.

1. They were liquored up before hand.
2. They were taken to the the mobile home where they were encouraged to get rowdy and drink some more.
3. Notice how the viewer was led to believe that was their vehicle.
4. They made stupid comments on tape.

I think they were set up.

However Borat - the guy who let the 300 pound hairy guy sit naked on his face - is to be trusted and you seem to believe you have the supernatural ability to see into the hearts of the frat boys and know what they would say and believe while sober.
32 posted on 11/21/2006 7:16:47 PM PST by common denominator
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To: trumandogz

Yet another slander of alcohol when will it end?

I laughed my ass off in the movie.


33 posted on 11/21/2006 8:02:55 PM PST by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: common denominator

Alcohol reveals too much of the heart at times. It almost never creates what is there.


34 posted on 11/21/2006 8:05:58 PM PST by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: justshutupandtakeit

What you say is true some of the time not all of the time.

I choose to give the immature college students the benefit of the doubt rather than the guy who brought down the bag of feces to give to the hostess of the dinner party.


35 posted on 11/21/2006 10:30:05 PM PST by common denominator
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To: common denominator

Please provide me with evidence that alcohol makes people say things that they do not believe.


36 posted on 11/21/2006 11:07:23 PM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: fight_truth_decay
I realize that....but like I said...if you take a look at the 'Girls Gone Wild' lawsuits...the girls all stated they were under the influence and were underage when they signed consent (even though they signed they were over 18 when they were not)....they still lost in court.

Take a look at any standard model/actor release form.....it is very explicit. There is always a 'hold harmless' clause.

The production company et al may just pay everyone off rather than go to court anyway....

37 posted on 11/22/2006 12:20:31 AM PST by BossLady
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To: common denominator

And you are sure that was feces because....?


38 posted on 11/22/2006 7:06:41 AM PST by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: I Hired Craig Livingstone

Loved how he sang it to the tune of the Star Spangled Banner. Hilarious.


39 posted on 11/22/2006 7:13:32 AM PST by ShandaLear (Perfect People Need Support, too.)
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To: justshutupandtakeit

That's funny. Did you see the movie?

So you choose to believe the guy who dropped his pants and attempted to take a dump in front of a New York business while the side walks were crowded.

I think you are saying that because the excrement in the bag may have been fake he is more trustworthy than the college students because they are from the South.


40 posted on 11/22/2006 8:59:46 AM PST by common denominator
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To: trumandogz
Talk to an alcoholic or better yet someone who has gone through AA.

Oft times there is huge remorse the day after. That is way part of the healing process is to apologize to those they have wronged while under the influence.
41 posted on 11/22/2006 9:02:30 AM PST by common denominator
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To: common denominator

Where does Borat's "trustworthiness" come into this? He did not force the frat boys to act like idiots. They did that on their own and are now crying mea culpa after realizing they looked like absolute idiots.


42 posted on 11/22/2006 9:20:04 AM PST by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: justshutupandtakeit
The trustworthiness comes into play because the frat boys are claiming they were tricked into appearing in the movie.

They were induced to make semi crude and semi racist remarks after they had been liquored up and taken to a motor home they didn't own.

They did not have the capacity to contract as they were drunk.

Also a fraud was perpetrated on them as they were lied to on many levels.

We have two stories to choose to believe.

Who's more trustworthy? Borat who made the movie with an agenda and felt the need to dupe the people who appeared on film or the frat boys?

You chose to trust the guy who allowed a 300 pound fat guy sit naked on his face and brought a bag of real or fake excrement to the table of a nice southern lady.

I trust the frat boys instead.
43 posted on 11/22/2006 12:24:58 PM PST by common denominator
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To: ShandaLear

http://www.roanoke.com/news/roanoke/wb/xp-16655


44 posted on 11/22/2006 2:20:33 PM PST by I Hired Craig Livingstone
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To: BossLady
.... a look at any standard model/actor release form.....it is very explicit. There is always a 'hold harmless' clause.

Thanks, for the info. I was unaware of that clause. Makes total sense now.

45 posted on 11/22/2006 3:14:03 PM PST by fight_truth_decay
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To: trumandogz; common denominator
no evidence that alcohol makes people say things

I do believe that a person under the influence will say and act differently than if sober.

If anyone here can say that they have never felt anger toward another where an unacceptable harsh word could be said, raise you hand. Most of us KNOW it is socially unacceptable in your desired composite of who you are and who you want to be and do so repent that we so have those hateful feelings , even only if for a brief moment.

We keep check on these feelings, but if under the effects of a substance that alters our reasonable thinking, placed in an environment to incite a certain response; as in a feeding frenzy, I can see where socially unaccepted HIT words might surface. It was the intent of the director to push to the forefront a certain response with the aid of some intoxicant. We do not know the conversations beforehand that led to these responses. We also know young suicide bombers were often kept drunk or drugged for days to achieve a desired effect of mass murder.

In this case, I just wonder why it is always the N word or another ethnic slur that takes priority over ANY other unkind word that is meant to show Hate. The injured feelings of the recipient that result from the use of any hate word is the same.

One word is just more newsworthy than the others, but all achieving the same Punch effect.

46 posted on 11/22/2006 3:58:43 PM PST by fight_truth_decay
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To: fight_truth_decay
Any level of intoxication obviates the signor's clarity of thought and judgment and invalidates the contract.

What law school did this guy flunk out of?

That assertion is patently false.

47 posted on 11/22/2006 4:02:52 PM PST by Dog Gone
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To: fight_truth_decay

No problem. I worked in the entertainment industry for many years....thats how I know about all these little tidbits. ;)


48 posted on 11/22/2006 7:20:11 PM PST by BossLady (Islamic Motto: We Love Our Women To Death........)
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To: Callahan

It's a good thing Mel Gibson didn't pick him up.


49 posted on 11/26/2006 2:50:10 AM PST by Erasmus (Go to Sebastopol and Crimea River.)
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