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The difference between free speech and defamation...

zipp

Elite Member
Jun 26, 2001
48,602
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...I'm not a lawyer, but I've had professionals counsel me enough on this. And it's a timely subject WRT the Pitino scandal.

Everyone is entitled to their opinion and free to speak it publicly (although not applicable to a message board). It also needs to be couched or prefaced as your opinion.

When you say something on a factual basis--"Pitino is a crook"--that makes no mention of yours or anyone's opinion, that comment needs to be supported by facts. It matters whether you say "it's my opinion" or "I think" beforehand. And be prepared to argue those facts, not offer a flippant "it's obvious". In our society, you have to prove someone's guilt or responsibility when you allege something.

There are any number of examples in this space over the last 48 hours where posters have defamed Pitino. And it probably matters more on this, a free message board, than if you said it on the premium page. If you said factually that he broke the law or did something that broke the law, that's a higher level of defamation--"per se"--where the damages are presumed and merely have to be quantified (the tough part).

I don't think Pitino's suing anyone here. But as a matter of practice, you're better off telling people how you feel or think and not what you know factually unless it's complimentary. It's the reason that although I think Pitino deserved to be fired, you don't see me saying unequivocally that he did anything more. At a minimum, it's bad form...
 
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Pitino is a public figure. The standard for defamation is much higher for public figures. He would have to establish that someone knew what they were saying was false (or basically should have known), which is a standard he absolutely could not meet under these circumstances. To the contrary, people think the statements are true and have support for that belief.
 
Pitino is a public figure. The standard for defamation is much higher for public figures. He would have to establish that someone knew what they were saying was false (or basically should have known), which is a standard he absolutely could not meet under these circumstances. To the contrary, people think the statements are true and have support for that belief.
I understand the allowance for public personas. There are facts out there about Pitino, and they're widely available. If you're connecting dots beyond those facts and don't qualify it as such, you're on increasingly shaky ground.

And you'll have to send in a non-slappy lawyer if you want to provide objective counsel, although my thanks for giving me the opportunity to say again...

..."Elite program," my a$$
 
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Zipp no offense but you say at least once a week that cal is cheating, without "I think" or "my opinion" and there are no facts out there to support such a claim of him doing so at U.K. Everything else you said though is factual. But you also made a good point, it's a message board, NO ONE cares really.
I don't hate on Lite like you clowns think I do, mainly because it's too easy a move. And I don't like doing things that are easy--except pick on slappies ad nauseum. You'll have to quote me where I said he's a cheater or a crook.

But the law's different for slappies anyway. We're talking neighbor-on-neighbor crime in this thread, attacking our own...
 
"I think" Zipp is just looking for reactions to get his trophy points up..:D
Law-breakers are stupid--which Pitino is not--and I'm just raising the issue of stupidity in this forum. And naturally on that topic, slapd!cks show up too...
 
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Thank you for the Legalize lesson. I am glad you shared that information with us. Many rival coaches don’t seem to be offered the same defamation protection. Thanks again!
No problem, but it wasn't really intended for slappies...
 
Zipper, I get you Man. On the Dan Lebitard show on Friday, they were yuking it up about Petrino being "Shaddy" and being a crook. Just like he did a whole show dressed up like Coach Petrino after his accident. The Guy is ate up, and it makes me think like most at ESPN they just don't like the University. Just like I heard them say on 93. 9 if Coach P really is this coach #2 then why is he not behind bars like the others. But yes if this turns out to not be true some people are going to be and should be sued.
 
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BTW a practical reason not to go down this path is the more likely event that Pitino's lawyer starts contacting website hosts to rein in their users. You don't want to see Rivals or Jack Coffee pin a message to cease and desist.

And don't say that can't happen. I personally know situations where sites like Facebook have been contacted by attorneys to the point of stop it or we'll shut down your site. It's real world stuff, and Pitino's got a little more money than Jack. Usually a letter is all it takes...
 
BTW a practical reason not to go down this path is the more likely event that Pitino's lawyer starts contacting website hosts to rein in their users. You don't want to see Rivals or Jack Coffee pin a message to cease and desist.

And don't say that can't happen. I personally know situations where sites like Facebook have been contacted by attorneys to the point of stop it or we'll shut down your site. It's real world stuff, and Pitino's got a little more money than Jack. Usually a letter is all it takes...
There's no way they can they can contact all the outlets reporting this.
 
In my humble opinion, it appears Pitino may have some other concerns he needs to be worried about at the current moment.

I always liked Pitino as a basketball coach, but if you're not questioning him now... with the other scandal and personal transgressions....

They may not have anything hard on Pitino now, but remember Gatto and others will start singing I would imagine.

It's hard for me to buy what Pitino is selling at this point. Fool me once/twice/three times. No make that five times...

A real shame it ended this way for him. I get why so many want to support him. It's just hard for me at this point. The funny thing is he did it to himself and me/us as fans did it to ourselves.

Sad.
 
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...I'm not a lawyer, but I've had professionals counsel me enough on this. And it's a timely subject WRT the Pitino scandal.

Everyone is entitled to their opinion and free to speak it publicly (although not applicable to a message board). It also needs to be couched or prefaced as your opinion.

When you say something on a factual basis--"Pitino is a crook"--that makes no mention of yours or anyone's opinion, that comment needs to be supported by facts. It matters whether you say "it's my opinion" or "I think" beforehand. And be prepared to argue those facts, not offer a flippant "it's obvious". In our society, you have to prove someone's guilt or responsibility when you allege something.

There are any number of examples in this space over the last 48 hours where posters have defamed Pitino. And it probably matters more on this, a free message board, than if you said it on the premium page. If you said factually that he broke the law or did something that broke the law, that's a higher level of defamation--"per se"--where the damages are presumed and merely have to be quantified (the tough part).

I don't think Pitino's suing anyone here. But as a matter of practice, you're better off telling people how you feel or think and not what you know factually unless it's complimentary. It's the reason that although I think Pitino deserved to be fired, you don't see me saying unequivocally that he did anything more. At a minimum, it's bad form...
Pitino is a crook and you don't drive a car but you do ride a high horse!

Is that defamation ? don't sue me please
 
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There's no way they can they can contact all the outlets reporting this.
No, but they're not all fixated on Pitino and likely will be for awhile. You think Facebook has many users?

Besides "Rivals" covers a lotta territory for starters...
 
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