Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Rutgers Student Sues Imus, CBS, MSNBC
WNBC Television ^ | 8/15/2007 | Puppage

Posted on 08/15/2007 4:55:39 AM PDT by Puppage

NEW YORK -- On the same day Don Imus settled a lawsuit with CBS Radio after being fired for making sexist and racist comments about the Rutgers women's basketball team, his legal troubles with one of the players began.

Kia Vaughn filed a slander and defamation of character lawsuit Tuesday in state Supreme Court in the Bronx the same day Imus settled with CBS Radio in a deal that pre-empts his threatened $120 million breach-of-contract lawsuit against CBS.

Vaughn's lawsuit, believed to be the first by a player in the case, says Imus and his former co-host Bernard McGuirk along with CBS Corp., CBS Radio, MSNBC and other media outlets that broadcast his show are legally responsible for damage done to her character and reputation. There is no dollar amount listed in the suit.

Vaughn's attorney, Richard Ancowitz, said, "The full effect of the damage remains to be seen."

"This is about Kia Vaughn's good name," Ancowitz said. "She would do anything to return to her life as a student and respected basketball player -- a more simple life before Imus opened his mouth."

Imus referred to the basketball players as "nappy-headed hos" on his nationally syndicated radio program April 4 and became the target of heated protests led by the Rev. Al Sharpton. He was fired shortly after. But he overcame a major hurdle in his widely expected comeback with the settlement Tuesday. It's possible he will return to the air.

The Vaughn suit claims that the comments were made in the context of a news or sports report and therefore Imus had certain standards to abide by but ignored them. The suit reprints the script from the "Imus in the Morning" show on which the comments were made.

"The ... false, defamatory, sexually denigrating and slanderous statements and comments against the women athletes of said basketball team were heard, believed and understood by millions of listeners ... as factual pronouncements concerning the character, chastity and reputation of the plaintiff," the lawsuit says.

Vaughn was humiliated, embarrassed and publicly mocked for the comments, the suit claims.

After the comments were made, she said at a press conference: "Unless they've given 'ho' a whole new definition, that's not what I am."

A telephone message left for Imus' attorney was not immediately returned Tuesday. There was no phone listing for McGuirk in the New York area. A spokeswoman for CBS Radio declined to comment, and CBS network spokesman Dana McClintock did not immediately return a message. MSNBC said it hadn't seen the lawsuit.

Rutgers women's basketball program spokeswoman Stacey Brann said the university had no comment on the lawsuit. She said she didn't know if other players had filed lawsuits.

Vaughn, a junior from the Bronx who was a center on the team, had spoken out about Imus on Oprah Winfrey's talk show in April. She said the comments overshadowed her team's amazing season -- one the coach has called the most rewarding of her career.

"Our moment was stolen from us," Vaughn said. "Instead of us coming here to enjoy what we accomplished and how far we came, we had to sit back and look at media asking questions about what he said."


TOPICS: Culture/Society; Miscellaneous; US: New York
KEYWORDS: imus; kiavaughn; lawsuit; yesterday
Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121-124 next last
To: Puppage

A few weeks ago I was riding on a bus in Seattle, and two young black men kept referring to each other as niggers. After a while, I began to think that maybe they were doing it as kind of a power trip, as if to say, “Hey, whitey, we can say it and you can’t, what do you think of that?”


81 posted on 08/15/2007 7:10:04 AM PDT by Steve_Seattle ("Above all, shake your bum at Burton.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: jude24
"More importantly, however, calling them "ho's" is per se defamatory at common law . . . "

Do you think in this context that anybody actually believed these girls are whores? Don't you think that most people would have just thought that Imus was being a jerk and was using the word "ho" as kind of a dig at the rap culture? It's not as if Imus was seriously accusing these girls of being prostitutes.
82 posted on 08/15/2007 7:13:41 AM PDT by Steve_Seattle ("Above all, shake your bum at Burton.")
[ Post Reply | Private Reply | To 50 | View Replies]

To: Right Brother

Hysterical...


83 posted on 08/15/2007 7:14:35 AM PDT by SueRae
[ Post Reply | Private Reply | To 44 | View Replies]

To: Steve_Seattle
Don't you think that most people would have just thought that Imus was being a jerk and was using the word "ho" as kind of a dig at the rap culture?

Clearly most people did not.

84 posted on 08/15/2007 7:15:39 AM PDT by jude24 (Quis custodiet ipsos custodes?)
[ Post Reply | Private Reply | To 82 | View Replies]

To: jude24

You’re claiming that most people thought - on the basis of Imus’s comments - that these girls are actually prostitutes? I think that’s ridiculous.


85 posted on 08/15/2007 7:19:03 AM PDT by Steve_Seattle ("Above all, shake your bum at Burton.")
[ Post Reply | Private Reply | To 84 | View Replies]

To: Puppage
Her and her sleaze bag lawyer (I know sleaze bag and lawyer is redundant) better hope I’m not on the jury because she’s not getting a dime.
86 posted on 08/15/2007 7:19:20 AM PDT by jackieaxe (This one hour pre-flight security screening is brought to you by the Kingdom of Saudi Arabia)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Puppage
An obscure NCAA athlete couldn't really be considered to be in the public eye. A star NCAA (e.g. Heismen trophy winner) or professional athlete, on the other hand, would be.

That's a good point

Possibly. Whether or not she is a public figure will be the subject of extensive litigation in this case. But the above statememt is conclusory and not quite an accurate statement of the law.

The Supreme Court recognizes a class called an "involuntary public figure". So, whether she availed herslef of the spotlight will not necessarily be an issue in this case. An involuntary public figure is defined as someone who has become a public figure through no purposeful action of their own . The argument that Vaughn is an involuntary public figure rests on the fact that her game was on ESPN and people outside of Imus were discussing it the next day.

Furthermore, satire is protected under the First Amendment and Imus can claim is comments were so general and so absurd that no rightful person could infer he was speaking the truth when he called them "nappy headed ho's".

Then there is the issue of damages. If Imus committed slander per se (and I don't know what constitutes slander per se in NY, but something such as stating someone is a drug addict or that nature usually qualifies) then a damages can be awarded even if not proven. It is assumed the statement was injurious to her reputation.

However, if being a nappy headed ho is not slander per se, Vaughn would have to rpove specific damages.

What also has not been discussed is that comments were not This would seriously negate her ability to show specific damages.

87 posted on 08/15/2007 7:19:22 AM PDT by bigeasy_70118
[ Post Reply | Private Reply | To 78 | View Replies]

To: Steve_Seattle
You’re claiming that most people thought - on the basis of Imus’s comments - that these girls are actually prostitutes? I think that’s ridiculous.

No. I am saying that most people would interpret his statement as an assertion that they were of loose morality. The fact that Imus had no credibility is a different matter entirely.

88 posted on 08/15/2007 7:20:52 AM PDT by jude24 (Quis custodiet ipsos custodes?)
[ Post Reply | Private Reply | To 85 | View Replies]

To: Cletus.D.Yokel
Hmmmm....a WHITE hoe. Very unique photo.

No, it's a nappy headed hoe!
89 posted on 08/15/2007 7:21:44 AM PDT by jackieaxe (This one hour pre-flight security screening is brought to you by the Kingdom of Saudi Arabia)
[ Post Reply | Private Reply | To 52 | View Replies]

To: Steve_Seattle
Do you think in this context that anybody actually believed these girls are whores? Don't you think that most people would have just thought that Imus was being a jerk and was using the word "ho" as kind of a dig at the rap culture? It's not as if Imus was seriously accusing these girls of being prostitutes.

And that's all it was. The majority of the people squawking probably didn't even hear or see the show that morning. It started with the Spike Lee reference & went from there. Then Sharpton inserted himself & it spiraled into breathtaking absurdity.

90 posted on 08/15/2007 7:22:15 AM PDT by Sue Perkick (And I hope that what I’ve done here today doesn’t force you to have a negative opinion of me….)
[ Post Reply | Private Reply | To 82 | View Replies]

To: bigeasy_70118
What also has not been discussed is that comments were not This would seriously negate her ability to show specific damages.

Typing error.

The comments were not specifically addressed to Vaughn. This would seriously negate her ability to show specific damages.

91 posted on 08/15/2007 7:23:21 AM PDT by bigeasy_70118
[ Post Reply | Private Reply | To 87 | View Replies]

To: jude24

“Most” no. Loudest yes.


92 posted on 08/15/2007 7:23:34 AM PDT by Sue Perkick (And I hope that what I’ve done here today doesn’t force you to have a negative opinion of me….)
[ Post Reply | Private Reply | To 84 | View Replies]

To: Puppage

I never even heard of her until this article.


93 posted on 08/15/2007 7:27:21 AM PDT by ThisLittleLightofMine
[ Post Reply | Private Reply | To 1 | View Replies]

To: Puppage

Were I to be the one defending this suit, I would point out that by filing the suit, the girls proved their “Whore” status, thus making Imus’s remarks retroactively truthful.


94 posted on 08/15/2007 7:28:53 AM PDT by JayHawk Phrenzie
[ Post Reply | Private Reply | To 1 | View Replies]

To: Auntie Toots
Not to mention Blonde jokes.....do I ever get sick of those.
95 posted on 08/15/2007 7:31:31 AM PDT by ThisLittleLightofMine
[ Post Reply | Private Reply | To 39 | View Replies]

To: ThisLittleLightofMine

I hear you. And the things that have been said about redheads. We should sue! ;-)


96 posted on 08/15/2007 7:34:14 AM PDT by Sue Perkick (And I hope that what I’ve done here today doesn’t force you to have a negative opinion of me….)
[ Post Reply | Private Reply | To 95 | View Replies]

To: jude24
"No. I am saying that most people would interpret his statement as an assertion that they were of loose morality."

If they thought that, it's because of a general impression of college athletes - and college students - in general, and that has nothing to do with Imus. In this day and age, it's safe to assume that a high percentage of college students are sexually active.

Because of several high-profile instances of criminal behavior by Florida State football players, some people jokingly referred to the Seminoles as the Criminoles - was that actionable slander?
97 posted on 08/15/2007 7:35:46 AM PDT by Steve_Seattle ("Above all, shake your bum at Burton.")
[ Post Reply | Private Reply | To 88 | View Replies]

To: jude24

“calling them “ho’s” is per se defamatory at common law (and still in many states), since it impinges upon her reputation for chastity.”

I hope she is ready for discovery.


98 posted on 08/15/2007 7:42:58 AM PDT by Poison Pill
[ Post Reply | Private Reply | To 50 | View Replies]

To: Cathy

Victimology. Isn’t that the newest major (in the Psychology department) available at Rutgers?


99 posted on 08/15/2007 7:43:07 AM PDT by xc1427 (It's better to die on your feet than to live on your knees...Midnight Oil (Power and the Passion))
[ Post Reply | Private Reply | To 2 | View Replies]

To: jude24
No. I am saying that most people would interpret his statement as an assertion that they were of loose morality. The fact that Imus had no credibility is a different matter entirely.

The other issue is whether 'nappy headed ho' which Imus borrowed from a Spike Lee movie and has been co-opted by rap culture actually asserts that the women are in fact unchaste.

Or is it possible that the phrase is completely devoid of meaning?

100 posted on 08/15/2007 7:48:25 AM PDT by bigeasy_70118
[ Post Reply | Private Reply | To 88 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121-124 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson