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Judge throws out part of Zimmerman libel case against NBC
Orlando Sentinel ^ | 06/19/2014 | Rene Stutzman and Jeff Weiner

Posted on 06/19/2014 8:35:35 AM PDT by GIdget2004

A judge this morning threw out part of George Zimmerman's libel suit against NBC Universal and held out the prospect that she may throw out the whole thing.

Circuit Judge Debra S. Nelson tossed the allegations related to one of four broadcast and said she needs to do more homework before deciding about the other three.

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


TOPICS: News/Current Events
KEYWORDS: georgezimmerman; gz; trayvon; zimmerman
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1 posted on 06/19/2014 8:35:35 AM PDT by GIdget2004
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To: GIdget2004
Libel isn't libel when the victim is a white-Hispanic.
2 posted on 06/19/2014 8:36:23 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: E. Pluribus Unum

There is no libel when a Florida black thug committing felonious assault and attempted murder is being defended by A Comcast company that is a greater American enemy than Al Qaeda.


3 posted on 06/19/2014 8:39:53 AM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: Uncle Chip; Cboldt

ping


4 posted on 06/19/2014 8:40:57 AM PDT by MileHi
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To: GIdget2004

Oh my I searched for her and recognized her instantly... she was the judge in GZ’s trial. Does it seem odd to have the same judge for this?


5 posted on 06/19/2014 8:40:59 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: GIdget2004

Wow...

Talk about a conflict.


6 posted on 06/19/2014 8:42:52 AM PDT by chris37 (heartless)
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To: GIdget2004
NBC is arguing that they didn't commit libel because he is a public figure, when their libel is what made him a public figure.
7 posted on 06/19/2014 8:45:09 AM PDT by wideawake
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To: PghBaldy

I don’t know who his lawyer is, hope it’s not the skinny redhead with the speech impediment, as he seemed a little conflicted... GZ really should become a multi-millionaire if there is any fair justice - tapes were doctored, and he slandered and libeled throughout the country, by people with big megaphones and big wallets..


8 posted on 06/19/2014 8:45:17 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: GIdget2004

For those who will tell us in 2016 if Jeb Bush becomes the GOP, we need to vote for him over Hillary as “least worst”, it may interest you to know that Judge Debra Steinberg Nelson was appointed to the Court in May 1999 by then Florida Governor Jeb Bush. Recall that father George H.W. appointed David Souter to the Supreme Court and brother George W appointed Chief Justice John Roberts and tried to put Harriet Myers on the Supreme Court.

She has a Bachelor’s degree in psychology from the University of South Florida and received her JD from South Texas College of Law. She is a member of both the Florida and Texas bar. A good Bush establishment Republican.


9 posted on 06/19/2014 8:46:16 AM PDT by Soul of the South (Yesterday is gone. Today will be what we make of it.)
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To: wideawake
I thought even with a public person, if there is malice, it is libel or slander?
10 posted on 06/19/2014 8:46:53 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: GIdget2004

“Circuit Judge Debra S. Nelson tossed the allegations related to one of four broadcast and said she needs to do more homework before deciding about the other three.”

Is mere proper grammar no longer a requirement for the libtard media?


11 posted on 06/19/2014 8:47:36 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: PghBaldy

They are arguing no malice, just an honest mistake based on ambiguous evidence.


12 posted on 06/19/2014 8:48:49 AM PDT by wideawake
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To: fwdude

Wake me when the shooting starts.


13 posted on 06/19/2014 8:49:52 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: MileHi

Is this really a surprise to anyone???

The prejudiced judge who presided over the criminal trial is later appointed to preside over the civil trial???

If I were his lawyers I would file a petition to have her removed from the case.


14 posted on 06/19/2014 8:53:21 AM PDT by Uncle Chip
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To: fwdude

If it passes the spell check it gets published...

Budget cuts ya know.


15 posted on 06/19/2014 8:57:08 AM PDT by cableguymn (It's time for a second political party.)
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To: wideawake

Their argument falls apart when they are compelled to admit that at the time they committed libel he was not a public figure.

He became a public figure after their story and as a result of it.


16 posted on 06/19/2014 8:57:20 AM PDT by Uncle Chip
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To: GIdget2004

They lied about him to make him look racist.

After their transcript, the family got DEATH THREATS.

And that is NOT libel???????????????????


17 posted on 06/19/2014 8:58:42 AM PDT by Tzimisce
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To: wideawake

They fired several several people over that “honest mistake”.


18 posted on 06/19/2014 9:00:04 AM PDT by Uncle Chip
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To: wideawake
They are arguing no malice, just an honest mistake based on ambiguous evidence.

Editing tape to foist a false impression on the public is an "honest mistake"?

19 posted on 06/19/2014 9:01:04 AM PDT by kevkrom (I'm not an unreasonable man... well, actually, I am. But hear me out anyway.)
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To: Uncle Chip

Suprise? I don’t know. But a damn shame for sure.


20 posted on 06/19/2014 9:01:49 AM PDT by MileHi
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To: kevkrom

can he sue the judge as well?????


21 posted on 06/19/2014 9:02:22 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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To: wideawake
They fired several several people over that “honest mistake”.

That was an honest mistake.

22 posted on 06/19/2014 9:02:46 AM PDT by Uncle Chip
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To: GIdget2004

If you’re White, or called White, you’re automatically wrong, and you have no recourse.


23 posted on 06/19/2014 9:02:49 AM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: GIdget2004

Stevie Wonder and Ray Charles could see that one coming.


24 posted on 06/19/2014 9:04:11 AM PDT by sport
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To: MileHi

The attorneys he has in this case are not schlubs —

They will ask for her removal before she has to do any more homework.


25 posted on 06/19/2014 9:05:25 AM PDT by Uncle Chip
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To: Uncle Chip
They fired several people over that “honest mistake”.

Maybe those people will be able to sue NBC.

26 posted on 06/19/2014 9:06:01 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Uncle Chip

What was “wrong” with the one she dismissed?


27 posted on 06/19/2014 9:10:33 AM PDT by MileHi
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The most important point, said NBC attorney Lee Levine, is that Zimmerman was a public figure and cannot prove that NBC employees acted with "actual malice" - that they either knew what they reported was false or had grave misgivings about it.

cannot prove???

Isn't that what a trial and discovery and cross-examinations are for???

28 posted on 06/19/2014 9:15:06 AM PDT by Uncle Chip
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To: MileHi

I don’t know but the fact that she has tipped her hand on the other three without doing her homework on them should be all his attorneys need.


29 posted on 06/19/2014 9:17:21 AM PDT by Uncle Chip
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To: sport
Stevie Wonder and Ray Charles could see that one coming.

And Helen Keller could have heard it coming!

30 posted on 06/19/2014 9:27:01 AM PDT by mc5cents (Pray for America)
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To: MileHi
Don't forget this as the reporting of this trial proceeds:

NBC is represented by several lawyers, including those with the Tampa law firm Thomas and LoCicero, the same firm that represents the Orlando Sentinel.

31 posted on 06/19/2014 9:42:06 AM PDT by Uncle Chip
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To: wideawake

Thanks. I wonder who edited the 911 tape to make him look racist, I think that was MSNBC.


32 posted on 06/19/2014 9:42:42 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: PghBaldy

Nope, you would think MSNBC, but it was NBC proper. Which is what makes this all the more infuriating.


33 posted on 06/19/2014 9:44:08 AM PDT by wideawake
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To: wideawake

Has anyone posted which president appointed this ‘judge’?


34 posted on 06/19/2014 9:45:10 AM PDT by MHGinTN
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To: GIdget2004

The issue here is that NBC can claim they didn’t use actual malice against Zimmerman and weasel their way out of the suit. The issue is that they have actual malice against every gun owner in the United States of America, which is why they used Zimmerman as an agenda-advancing pawn.


35 posted on 06/19/2014 9:45:33 AM PDT by Colonel_Flagg ("Compromise" means you've already decided you lost.)
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To: Uncle Chip

Ahhh...

Fair and Balanced, anyone?


36 posted on 06/19/2014 9:47:18 AM PDT by MileHi
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To: Soul of the South
I think the mess in Iraq should be enough to keep almost anyone from voting for another Bush (and yes, I know that the current situation is more Obama's handiwork than W's, but the point stands).
37 posted on 06/19/2014 9:47:48 AM PDT by Major Matt Mason ("Journalism is dead. All news is suspect." - Noamie)
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To: PghBaldy

You’d think.


38 posted on 06/19/2014 9:55:51 AM PDT by Jaded (Really? Seriously?)
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To: wideawake; PghBaldy
-- They are arguing no malice, just an honest mistake based on ambiguous evidence. --

Heh. The legal standard is "actual malice" which has nothing to do with malice, in fact. The term of art "actual malice" exists when the publisher puts out something it knew or should have known was false. I'd say doctoring a tape satisfies that, easily. The question then is whether or not the doctoring creates a bad image of the person presented. I'd say that is easily met in this case, too.

Nelson has been overturned on appeal before, not that she cares. The lawyer in the defamation case isn't the same lawyer who took the defense side of the murder rap.

39 posted on 06/19/2014 10:16:31 AM PDT by Cboldt
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To: Uncle Chip
-- cannot prove? --

At the request for summary judgment, there is a possibility that there is no evidence to support the claim. Here, the actual mindset of the publisher is completely irrelevant. It doesn't matter if the misleading report was done out of love. It does matter if it was done out of ignorance, but doctoring a recording can't be done with ignorance of what the original and edited recordings contain. They knew exactly what they had done.

"Misgivings" doesn't matter either. It's just knowing or "should have known" (not relevant in this case) that what they published was misleading as to Zimmerman's character.

40 posted on 06/19/2014 10:20:54 AM PDT by Cboldt
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To: PghBaldy
So it's in this judge's personal interest that there be no libel against Zimmerman, because if there were then it justifies the not guilty verdict in her court and shows how she was biased in her rulings against him.

-PJ

41 posted on 06/19/2014 10:25:28 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: MileHi

The original article has been updated, and includes this:

“The judge this morning threw out the claim that NBC and employee Jeff Burnside defamed Zimmerman in a March 19, 2012, broadcast. Zimmerman can’t claim he was wronged by that report, the judge said, because his letter to the network never identified that specific broadcast and he never gave notice to Burnside.

“The other broadcasts were on March 20 (two separate newscasts), March 22 and March 27.

The judge said she would decide later what to do about them.”

http://www.orlandosentinel.com/news/local/trayvon-martin/os-george-zimmerman-nbc-lawsuit-20140619,0,5211694.story


42 posted on 06/19/2014 10:25:30 AM PDT by GIdget2004
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To: GIdget2004

Thanks


43 posted on 06/19/2014 10:31:13 AM PDT by MileHi
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To: GIdget2004
because his letter to the network never identified that specific broadcast and he never gave notice to Burnside.

What???

44 posted on 06/19/2014 10:35:31 AM PDT by Uncle Chip
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To: GIdget2004

You can only get the justice you can afford to pay for.


45 posted on 06/19/2014 10:50:26 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: Uncle Chip

The NBC defense is further undermined by the admission that they fired the two responsible for the editing. This shows acceptance of wrong doing by their employees.


46 posted on 06/19/2014 10:59:58 AM PDT by taxcontrol
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To: Cboldt

Further, as for knowing it was false, remember that NBC FIRED the individuals responsible for the editing. That seems to me further evidence that the publisher KNEW it was false, though perhaps after the fact.


47 posted on 06/19/2014 11:02:24 AM PDT by taxcontrol
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To: wideawake

That’s not fair.


48 posted on 06/19/2014 11:09:54 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: wideawake

That’s not fair. I mean to Mr. Z.


49 posted on 06/19/2014 11:10:19 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: MHGinTN
"Has anyone posted which president appointed this ‘judge’?"

Appointed Circuit Judge 18th Judicial Circuit of Florida, by Governor Jeb Bush May 1999.

Elected Circuit Judge 18th Judicial Circuit of Florida, September 2000 with 72% approval rate of the voters in Seminole and Brevard Counties

50 posted on 06/19/2014 11:11:44 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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