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Judge rules against George Zimmerman in NBC lawsuit
clickorlando.com ^ | 6/30/14 | Daniel Dahm

Posted on 06/30/2014 7:15:48 AM PDT by GrandJediMasterYoda

Judge rules against George Zimmerman in NBC lawsuit Zimmerman claimed defamation in edited 911 call

SANFORD, Fla. - A judge on Monday ruled against George Zimmerman in a defamation lawsuit he filed against NBC Universal over edited 911 calls made after Trayvon Martin was shot and killed in 2012.

In the ruling, Judge Debra S. Nelson said, "There are no genuine issues of material fact upon which a reasonable jury could find that the Defendants acted with actual malice."

(Excerpt) Read more at clickorlando.com ...


TOPICS: Chit/Chat
KEYWORDS: defamation; editedthetape; fakebutaccurate; fraud; judicialactivism; libel; nbcbias; slander; trayvon; tyranny; zimmerman

1 posted on 06/30/2014 7:15:48 AM PDT by GrandJediMasterYoda
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To: GrandJediMasterYoda

The same judge as the trial? Talk about the fix is in.


2 posted on 06/30/2014 7:17:02 AM PDT by 2ndDivisionVet (The most dangerous man to any government is the man who is able to think things out for himself.)
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To: GrandJediMasterYoda

This is a lying “judge.” Tar and feathers are in order.


3 posted on 06/30/2014 7:17:24 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: GrandJediMasterYoda

Thanks Debbie!


4 posted on 06/30/2014 7:18:49 AM PDT by subterfuge (Hey NSA snoop, get a real job you idiot!)
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To: GrandJediMasterYoda

This ruling goes against all logic. NBC fired the person responsible. They admitted malice aforethought. Ballots will not fix what’s wrong with this country.


5 posted on 06/30/2014 7:19:08 AM PDT by VerySadAmerican (Liberals were raised by women or wimps.)
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To: GrandJediMasterYoda

Actual Malice is only required in a case of libel or slander against a “public figure”.


6 posted on 06/30/2014 7:19:32 AM PDT by Kansas58
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To: GrandJediMasterYoda

Gee, what a surprise. I’m sure they ‘accidentally’ edited the recording.

Like they ‘accidentally’ didn’t show the wide variety of thug shots of St. TM.


7 posted on 06/30/2014 7:20:21 AM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: GrandJediMasterYoda

Not surprised. George needs to get on with his life. It seems like the police are leaving him alone and the media has gone on to something else. George needs to go and continue his life out of the limelight. He gave it a try and failed (the lawsuit). Now it is time to close this chapter and start a new one.


8 posted on 06/30/2014 7:20:41 AM PDT by napscoordinator
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To: 2ndDivisionVet

Tell me about, this ZImmerman can’t win for losing with this bias b*tch. What he should do is file suit in New York city, corporate headquarters of NBC - NBC Universal. I believe that is where the audio tape was edited as well. Don’t know if he will have any better luck being that NYC is another sewer of leftist schmuckos, but it wouldn’t hurt to try. Either way, this Orlando is corrupt as hell, he’s never going to get any justice down there.


9 posted on 06/30/2014 7:22:42 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

It’s malice when they deliberately distorted the facts.


10 posted on 06/30/2014 7:24:07 AM PDT by SkyDancer (If you don't read the newspapers you are uninformed. If you do read newspapers you are misinformed)
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To: GrandJediMasterYoda

Can a white-Hispanic appeal the ruling?


11 posted on 06/30/2014 7:24:07 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: napscoordinator

I wouldn’t move on with my life until I got the maximum amount of revenge possible. Remember: This guy came *this* close to spending the rest of his life in jail because he had the audacity to defend himself from someone who was trying to kill him. Oh no no no, I would be spending every single last cent I had to see every last piece of human filth who tried to destroy my life was left broke and in the gutter.


12 posted on 06/30/2014 7:27:13 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: 2ndDivisionVet

Yes. I would have thought a different judge would have been on this case, especially given the likelihood liberals have threatened her.


13 posted on 06/30/2014 7:27:24 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: VerySadAmerican

This is a very rare ruling.

the real next step is to see which lawyers tried the cases and relationships with the judge. There will be indications of a fix.


14 posted on 06/30/2014 7:27:53 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: 2ndDivisionVet

The answer is simple, $$$$$ talks, the pressure of a favorable verdict would have damage the regime’s agenda. Since the alphabets are the voice of the regime, did you really expect a favorable verdict? Same judge too? I bet she’ll have some extra bucks coming soon for her campaign chest.(or home upgrade). ;0


15 posted on 06/30/2014 7:33:09 AM PDT by Bringbackthedraft (Hillary 2016! Really??? That's Retarded Sir.)
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To: GrandJediMasterYoda

In the mind of this judge it is necessary for the media to be able to disseminate false information when it supports liberal political agenda, or backs up the purpose of a radical politician; in this case the Obama/Holder cabal.


16 posted on 06/30/2014 7:39:13 AM PDT by Baynative (How much longer will the media be able to prop up this administration?)
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To: napscoordinator

This ruling will be reversed on appeal. It’s a no-brainer.


17 posted on 06/30/2014 7:48:31 AM PDT by SeaHawkFan
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To: SeaHawkFan

Indeed. Assuming this is Orange/Seminole circuit court the appeal would go... where? To FL Supreme Court or would it to the Federal District. It should be appealed on the basis of the actual judge who should have recused herself. What a kangaroo biotch with political aspirations. Oh, and a porker to boot.

This is how the neo-socialist Crist FL would work— take note Freepers.


18 posted on 06/30/2014 7:56:12 AM PDT by John S Mosby (Sic Semper Tyrannis)
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To: GrandJediMasterYoda

Imagine, having to defend yourself for defending yourself as proven already in a court of law. How is it that the judge did not recuse and kick this to a different docket?
This has changed rules of engagement for “volunteer” neighborhood watchers. It caused the police chief to be kicked out (improperly as well, and replaced with a dermatologically acceptable put up lib who cannot stop what FL state law allows... so far).

This is an example of what happens in a dictatorship when a Statist media (NBC is all of that, having been.. RCA, then GE, MicrosoftyNBC, then Comcast owned overall corporatists neo-socialist international corporatists who lickspittle to the leftist admin).

To wit: check with expat Venezuelans to understand that chavez et al controlled all media, all media to the moron voters of marxist one party persuasion, who were against the “ownership” class at every turn. Who seized private farmer’s properties at the force of a junta military. Just like... Zimbabwe, Nicaragua, and ... Cuba.

The sharpton,jackson obamaumao meme is not holding up in face of actual facts. In a more developed media/Statist partnership, Z would not have had a trial, and they would have televised his lynching. Good marxists all. It is appalling.


19 posted on 06/30/2014 8:06:17 AM PDT by John S Mosby (Sic Semper Tyrannis)
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To: GrandJediMasterYoda

OK so the key element was acting with malice— got that. But how about a media that materially altered publicly available tapes to influence justice and a locally selected jury. This would be.. what? Not malice, but they first said they didn’t alter then they did— so perjury.

Gotta say that Z is not without flaw, but a citizen is due fair treatment. How different is this than if by some cultural reversal NBC “edited” the facts of a black on white shooting (which all media has been suppressing reportage of, for sometime). This is a litmus strip test of what is happening in the “ruling” media elites and their “consensus” agenda that is NOT the law or the facts. For tv ratings?


20 posted on 06/30/2014 8:13:09 AM PDT by John S Mosby (Sic Semper Tyrannis)
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To: John S Mosby

What is interesting is that Zimmerman could have sued in pretty much any state in the country since NBC published the defamatory story in every state. His lawyer should have picked a more friendly venue in another district in Florida or another state.


21 posted on 06/30/2014 8:21:05 AM PDT by SeaHawkFan
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To: GrandJediMasterYoda
What he should do is file suit in New York city, corporate headquarters of NBC - NBC Universal. I believe that is where the audio tape was edited as well.

He could have sued in New York to start with, but once you sue and lose, you can't start over in another jurisdiction. (Google "res judicata.")

Don’t know if he will have any better luck being that NYC is another sewer of leftist schmuckos, but it wouldn’t hurt to try.

The reason he didn't sue in New York was probably that New York, being the media capital of the country, has incredibly defendant-friendly libel laws.

22 posted on 06/30/2014 8:42:48 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: 2ndDivisionVet
You are absolutely correct. Good catch.

Judges

Judge Debra S. Nelson of the 18th Circuit Court of Florida was the fourth judge to preside over the case. Nelson had been a judge for thirteen years, much of it handling criminal matters. Before becoming a judge she had worked in civil litigation.[18] Nelson succeeded Judge Kenneth Lester on August 30, 2012, after a Florida appeals court ruled that remarks he made about Zimmerman could make a reasonable person believe Lester was biased against Zimmerman.[19] Lester had taken over the case in April 2012, after Judge Jessica Recksiedler recused herself due to a potential conflict of interest involving her husband's work.[20]

Pre-trial

At a pretrial hearing on April 12, Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause. Court documents, including witness statements and other information, were sealed at the request of the defense team,[21][22] and Zimmerman's arraignment was scheduled for May 29.[23] Zimmerman took the witness stand at a bail hearing on April 20 and told the parents of Martin he was "sorry for the loss of your son".[24] Zimmerman was released on a $150,000 bond and was fitted with an electronic monitoring device for monitoring his whereabouts in real-time.[25] Zimmerman's attorney waived Zimmerman's right to appear at the arraignment and entered a not guilty plea on his behalf.[25]

Source

23 posted on 06/30/2014 8:46:46 AM PDT by Robert DeLong (u)
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To: GrandJediMasterYoda

Though I despise Judge Nelson, and think she should have recused herself from any case involving Zimmerman, libel law is severely flawed and needs to be changed. Why is evidence of “malice” required under the law, when it is obvious that NBC intended to benefit itself by deliberately and knowingly broadcasting evidence NBC falsified, that exploited and greatly harmed an individual? Did NBC harm Zimmerman or not? If a drunk driver kills someone, is he immune from responsibility because he lacked malicious intent against the victim? The networks made beaucoup money off this case, and had a corrupt interest in hyping it into existence.

I suspect that Nelson is correct that there is no evidence that NBC acted out of malice towards GZ. Absent some sort of “I’m going to get that sucka” declaration, what evidence could there be? I doubt that they felt any. As true believers in PC fantasies, they see perfidy and libel for “the greater good” (as they define it) as altruism, not malice. To NBC staff, GZ was just an opportunity. They could get career points by pursuing NBC’s leftist politics (gun control/anti-self defense/stirring up racist animosity), and promoting the false idea that “whites” hunt down and murder black children. Isn’t presenting sensationalized false information for politics and ratings exactly what NBC, CBS, ABC, etc. do every day?


24 posted on 06/30/2014 9:09:16 AM PDT by Chewbarkah
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To: Chewbarkah

I think NBC totally acted out of malice. What is the legal definition of “malice”? One party intending to do harm to another. You don’t think willfully, knowingly, purposely editing a tape to make Zimmerman appear racist is not malice? The guy could have spent the rest of his life in jail! If that is not the purest example of intent to harm, injure or cause distress to someone than I don’t know what is.


25 posted on 06/30/2014 9:48:50 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: Chewbarkah
What is MALICE?

In criminal law. In its legal sense, this word does not simply mean ill will against a person, but signifies a wrongful act done intentionally, without just cause or excuse. Bromage v. Prosser, 4 Barn. & C. 255. A conscious violation of the law (or the prompting of the mind to commit it) which operates to the prejudice of another person. About as clear, comprehensive, and correct a definition as the authorities afford is that “malice is a condition of the mind which shows a heart regardless of social duty aud fatally bent on mischief, the existence of which is inferred from acts committed or words spoken.” Harris v. State, 8 Tex. App. 109. “Malice,” in its common acceptation, means ill will towards some person. In its legal sense, it applies to a wrongful act done intentionally, without legal justification or excuse. Dunn v. Hall, 1 Ind. 344. A man may do an act willfully, and yet be free of malice. But he cannot do an act maliciously without at the same time doing it willfully. The malicious doing of an act in- cludes the willful doing of it. Malice includes intent and will. State v. Bobbins. 06 Me. 328. For other definitions see Shannon v. Jones, 70 Tex. 141. 13 S. W. 477; Williams v. Williams. 20 Colo. 51. 37 Pac. 014; Smith v. Railroad Co., 87 Md. 48. 3S Atl. 1072; In re Freche (D. C.) 109 Fed. 621 ; Craft v. State, 3 Kan. 486; Lewis v. Chapman. 10 N. Y. 309; State v. Avery, 113 Mo. 475. 21 S. W. 193; State v. Witt. 34 Kan. 488. 8 Pac. 709; State v. Walker, 9 Houst. tDel.) 404, 33 Atl. 227; Cotton v. State. 32 Tex. 014; Com. v. Chance, 174 Mass. 245. 54 N. E. 551. 75 Am. St. Rep. 306. In the law of libel and slander. An evil intent or motive arising from spite or ill will; personal hatred or ill will; culpable recklessness or a willful and wanton disregard of the rights and interests of the per- ) MALICE son defamed. McDonald v. Brown, 23 R. I. 546, 51 Atl. 213, 58 L. R. A. 768, 91 Am. St. Rep. 659; Hearne v. De Young, 132 Cal. 357, 64 Pac. 576; Cherry v. Des Moines Leader, 114 Iowa, 298, 86 N. W. 323, 54 L R. A. 855, 89 Am. St. Rep. 365; Minter v. Bradstreet Co., 174 Mo. 444, 73 S. W. 668

http://thelawdictionary.org/malice/

26 posted on 06/30/2014 9:54:18 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: 2ndDivisionVet

The fix is in and it couldn’t be anymore blatant. This Judge should be REMOVED from the bench.


27 posted on 06/30/2014 9:56:18 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: John S Mosby
-- OK so the key element was acting with malice ... --

Courts love to redefine the meaning of ordinary words. This is the legal definition of "actual malice" in defamation cases where a public figure is the plaintiff ...

New York Times v. Sullivan, 376 U.S. 254 (1964)

The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice" -- that is, with knowledge that it was false or with reckless disregard of whether it was false or not.

28 posted on 06/30/2014 10:06:26 AM PDT by Cboldt
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To: GrandJediMasterYoda; Chewbarkah
-- What is the legal definition of "malice"? One party intending to do harm to another. --

That's not the legal definition for defamation purposes.

New York Times v. Sullivan, 376 U.S. 254 (1964)

A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves "actual malice" -- that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false.
There is nothing in there about intending harm.
29 posted on 06/30/2014 10:10:15 AM PDT by Cboldt
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To: Cboldt

They *knew* the statement was false, the evidence being the two employees admitted they edited the original tape to make him appear racist. NBC fired them and apologized. The evidence is overwhelming the two employees acted out of malice. What this bitch is doing is using the excuse that NBC is separate from the two employees so malice cannot be proved which is baloney.

http://www.superpages.com/supertips/malice.html


30 posted on 06/30/2014 10:22:54 AM PDT by GrandJediMasterYoda (Hitlery: Incarnation of evil.)
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To: GrandJediMasterYoda

Brilliant that is, Yoda. A basis for the appeal. The liability of NBC to this is not removed by the removal of rogue employees.... just as Lerner and the IRS could not contain that scandal due to rogue agents in KY or wherever.
Corporate liability, in every sense, in the same way that corporations are the same as individual citizens.


31 posted on 06/30/2014 10:29:00 AM PDT by John S Mosby (Sic Semper Tyrannis)
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To: GrandJediMasterYoda
She's just punting the decision to another court. She's known to rule incorrectly, on purpose. Judge Lester was pulling similar crap. Maybe it's a Florida thing, but my hunch is that many courts are corrupt this way.

And when you use one prong of the legal definition for "actual malice" that applies to defamation (knew it was false), the proof is self-evident.

I haven't read her opinion yet, but I do believe she holds malice toward Zimmerman, and I mean "malice" in the way that word is normally used. She hates his guts.

32 posted on 06/30/2014 10:29:12 AM PDT by Cboldt
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To: SeaHawkFan
What is interesting is that Zimmerman could have sued in pretty much any state in the country since NBC published the defamatory story in every state. His lawyer should have picked a more friendly venue in another district in Florida or another state.

If this were the case, then could they have done 50 concurrent cases? (After all, the jurisdiction of every state court must obviously be that state; as the offense [of libel/slander] was carried out in each jurisdiction, the offense has an interest in each jurisdiction.) About the only special case would be the jurisdiction wherein the actual editing took place, but that case would likely be heavier as that's where the editing took place.
Sure, that might open up a can-o-worms as to 'legal' across states — but it'd be kinda fun to watch state-reactions across the board.

33 posted on 06/30/2014 11:31:02 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Have to choose just one venue, and the number to choose from is far greateer than 50 since there are far more than 50 U.S. District courts.


34 posted on 06/30/2014 12:16:53 PM PDT by SeaHawkFan
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To: SeaHawkFan
Have to choose just one venue,

I figured that was the case.
Still, it's odd that they didn't go for where the editing actually happened as I think there's a bit more, er, relevance[?] because that's where the action occurred.

35 posted on 06/30/2014 12:30:22 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Cboldt

Thanks. That voids hope for legislative improvement of libel laws (short of an Amendment or the repeal of one).


36 posted on 06/30/2014 3:00:08 PM PDT by Chewbarkah
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