Posted on 03/06/2012 6:46:17 AM PST by SeekAndFind
Given the insane mileage Democrats are getting from this story, he could probably get David Boies to represent her pro bono. Anything to keep the headlines coming.
Someone, I forget who, tweeted a few days ago that they’d happily bet ten grand that Fluke will get a cameo speaking appearance on one of the first nights of the Democratic convention. Anyone want to take that bet? Bear in mind, Obama’s already dialing up women’s colleges and inviting himself to speak at commencement in hopes of squeezing every last drop of war-on-women goodness out of this fiasco. At the rate we’re going, Fluke might introduce him at his acceptance speech.
“I’d like to see her take him to court,” said Hoyer, who was in Selma for the annual Bridge Crossing Jubilee. “She is not a public figure and, for that reason, she should be able to sue for slander, libel or whatever else might be involved.”…
Joseph Lowery, former president of the Southern Christian Leadership Conference, said he is familiar with “vintage Rush Limbaugh.”
“(Fluke) has ample room to sue him and I hope she does because he’s gotten rich off the mess he causes,” said Lowery, who joined Hoyer and other national leaders in condemnation of Limbaugh.
She’s got two problems trying to beat him on a defamation claim. One: Hoyer’s probably wrong when he says she’s not a “public figure” for First Amendment purposes. Courts will treat someone as a “limited-purpose public figure” under certain circumstances; according to the EFF’s summary of the law, typically that applies to someone who “(a) voluntarily participates in a discussion about a public controversy, and (b) has access to the media to get his or her own view across.” Fluke voluntarily testified before Congress and, lord knows, she has all the access to the media she could ever want. Assuming she’s a “limited-purpose public figure,” that means she’d have to show that Rush was more than just negligent in calling her a “slut” but acted with reckless disregard for whether it was true. Not an impossible standard to meet but more difficult, and his extended apology today may affect the calculus. The other problem is that, at bottom, he was making a crude joke more than a sincere accusation of fact. His point was that if you want someone else paying for your birth control then you’re kinda sorta being paid to have sex, in which case you’re kinda sorta a prostitute. That analogy is obviously different from claiming earnestly that someone’s promiscuous, but Rush did go on and on and on with it, especially in riffing on the absurdity of the $3,000 figure, so who knows how a jury would disentangle it. Would the line, “She’s having so much sex it’s amazing she can still walk, but she made it up there,” be viewed in the larger context of the point he was making or would it be viewed as a bona fide assertion of fact? I don’t know. Defamation lawyers, any insights?
You’ll be pleased to know that Bill Maher, the chief villain in Kirsten Powers’s j’accuse of liberal men this weekend, has a nifty new HuffPo post up talking about what it’s like to grow up a poor man and then donate $1 million to Obama’s Super PAC, Priorities USA. Among the people circulating his post on Twitter: Bill Burton, senior strategist and co-founder of … Priorities USA. You know, I’m starting to think they might not give back the money.
Is truth still an absolute defense?
DO IT! We want everyone to hear the answers to your testimony about why you went to school there in the first place and all your progressive evil ideas for this country.
Wonder if the Maher cancelled check is as real as Zero’s birth certificate?
Yes, and we get to find who, and how many who’s cannot help her buy her 5 dollar a month pills.
Someone needs to sue DIMocRAT voters in the Freak state of Maryland for electing this fool.
Someone needs to sue DIMocRAT voters in the Freak state of Maryland for electing this fool.
RE: how many who’s cannot help her buy her 5 dollar a month pills.
So, now it’s $5/month? I thought it was $9/month at a Target near Georgetown.
These numbers keep changing.
First, Fluke was said to be 23 years old, then 30,then someone said she’s 33.
These numbers are all over the place.
Fluke would have to prove that Limbaugh knew it was false at the time he said it.
And? Fluke’s entire history would be available, through “discovery”.
My guess is she will not do this. Or, if she does do something in court, she will drop it when the discovery phase comes up.
If Fluke wins it will set a precedent, then Sarah Palin can sue the pants off of every late night talk show host and comedian.
She can get in line behind Palin!
RE: Lady called Rush, said hers was 5 bucks at walmart.
Well good news. Now that Target knows what the competition is charging, maybe they might lower their price too.
So what’s Fluke complaining about? Don’t tell me she can’t afford to pay $5 for a month’s supply? What’s she going to do mow -— Panhandle for pills?
She’s a partisan polticial activist, who voluntarily went before a (sham) democrat publicity stunt, created to publicly take a partisan political position, solely for public exposure.
That seems like the very definition of “public figure” to this poster.
She’s got no case.
She’s been darn effective publicity for El Rushbo though.
:D
I am sure Gloria ALLred has already contacted the Designated Slut of the DNC.
Please keep pushing this Steny....you are overplaying your hand.
This woman participated in a media event put forth by leftist democrats in congress, as well as multiple media outlets.
Basically, she participated in a press conference, demanding to be heard by the American public. THAT MAKES HER A PUBLIC FIGURE.
And given the fact that Rush used her own statements as well as dictionary definitions of her reported (by herself) actions, in a just legal system, any case brought forth by her SHOULD be laughed out of court. But because it's political, and Rush is rich and he was mean to her, I have no doubt that she'll win a huge jury award.
Mark
RE: I am sure Gloria ALLred has already contacted the Designated Slut of the DNC.
Fluke’s ambition is to be Gloria’s heir apparent ( and/or rival ).
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