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[Clarence] Thomas Pans Malice Standard in Appeal by Cosby Accuser
So did the contrite Klansman in his concurring opinion, you will recall; he denounced test for malice as trash ... more eruditely.
In McKee's case, she claims that her reputation was damaged by the leak of a letter designed to "humiliate, intimidate, and shame" her. Last year the First Circuit affirmed dismissal of her case, however, after applying precedent from the 1964 decision New York Times Co. v. Sullivan [!]

As Thomas explains, this case and its progeny assert "that, by disclosing her accusation to a reporter, McKee had '"thrust" herself to the "forefront"' of the public controversy over 'sexual assault allegations implicating Cosby' and was therefore a 'limited-purpose public figure [!].'"

petition for writ of certiorari(review of inferior court decision) by McKee vs. Cosby denied
Thomas goes on in the opinion to quote the description [?] of the limited-purpose public figure standard as "almost impossible" to overcome.
Actually, Thomas doesn't describe or define any such phrase or "standard" of 1st Amd protection.
QUESTION PRESENTED
Whether a victim of sexual misconduct who merely publicly states that she was victimized (i.e., "#metoo"), has thrust herself to the forefront of a public debate in an attempt to influence the outcome, thereby becoming a limited purpose public figure who loses her right to recover for defamation absent a showing of actual malice by clear and convincing evidence.
Thomas quotes extensively from states' and federal case law that differentiate between defendants --publishers and individuals who criticize or allegedly defame government officers (public figures)-- and plaintiff burdens of proof arising in litigation of defamation between individuals ("private" parties), e.g. McKee (appellant, plaintiff) and Cosby. According to the SCOTUS, neither US Constitution nor states' case law McKee isn't a "public figure" at all and any test of "malice" evinced by publication of forementioned letter is moot.
"If the Constitution does not require public figures to satisfy an actual-malice standard [of burden, proof] in state-law defamation suits, then neither should we."
Thomas goes on to scold his predecessors for applying free speech protection (established by Sullivan) to subsequent, sundry ahh micro-aggression "reflexively" construed by private parties as protected speech or "truth" before the bar. (I crudely paraphrase, of course.) States' rights and original intent enchilada topped with AUTHORITARIAN MISOGYNY CENSORSHIP if you must: but never, ever drop the benjamins.

US civil right claims are always contemplated in opposition to the state, and the states to fed gov. Rlly. Failing that, the original intent was for us to abuse each other. Darwinian-like.

archived Rule of Atty #6. heh
Judge Dumps Stormy Defamation Suit Against Trump
limited-purpose public figure
a whisper list
Free Speech

Diversity is the key to economic and political evolution.

by Cat on Tue Feb 19th, 2019 at 09:06:16 PM EST
[ Parent ]
War over 'Peace Cross' puts Supreme Court in crosshairs of debate over government involvement with religion
"All of which led Associate Justice Clarence Thomas to conclude last year that 'this court's Establishment Clause jurisprudence is in disarray.'"

Well, yeah. That's what happens, when the SCOTUS permits Art. I and Art. II patronage to run wild for a few centuries. And you got no army.

archived
"A surprising amount of that cumulative work product is defective for the simple reason one provision ahhh chained to another contradicts itself."

Diversity is the key to economic and political evolution.

by Cat on Wed Feb 20th, 2019 at 02:23:34 PM EST
[ Parent ]
Dred Scott Revisited: Go Kamala?! Prison-to-Polling. You can work it, grrrl!
Prison ["]Gerrymandering["] Lawsuit Moves Forward in Connecticut
"The instant case implicates the plausible compromise of fair and effective representation due to the Redistricting Plan's reliance upon total population census data when, by state law, incarcerated individuals are not even considered residents of their prison location," Eginton wrote in his 12-page ruling.
Dred Scott vs. Sanford

Diversity is the key to economic and political evolution.
by Cat on Wed Feb 20th, 2019 at 02:34:01 PM EST
[ Parent ]
There is also debate as to whether college students should vote in their home town or in their school town. This is a significant issue for many small college towns where the population of students is comparable to the population of non-students.
by asdf on Wed Feb 20th, 2019 at 04:25:39 PM EST
[ Parent ]
O Rly? How that political prerogative of states' assemblies relates to abject, complete, utter disenfranchisement or US constitutional questions respecting the 13th and 14th Amd.s, I couldn't say.

Tell us more.

archived
Stamps

by Cat on Wed Feb 20th, 2019 at 05:19:55 PM EST
[ Parent ]
15th Amd: complicated 19th century language
Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Section 2.
The Congress shall have power to enforce this article by appropriate legislation

and a few "trigger" words

Diversity is the key to economic and political evolution.
by Cat on Wed Feb 20th, 2019 at 07:22:40 PM EST
[ Parent ]
Yeah, but to vote, you still have to "register" (because we are in the dark ages), and that opens up multiple opportunities for voter suppression.
by asdf on Wed Feb 20th, 2019 at 08:40:21 PM EST
[ Parent ]
Precisely. For that reason, even with a low turnout, and the opposition boycotting the election, Maduro got a larger share (30%) of the eligible vote than either Clinton or Obama.
by gk (gk (gk quattro due due sette @gmail.com)) on Wed Feb 20th, 2019 at 09:52:50 PM EST
[ Parent ]
Voters left out from the polls, illustrated
Almost 17 million EU citizens live in a member state other than their country of origin. These citizens are entitled to vote for the European Parliament from where they reside, but almost none of them do so. It's a wasted opportunity for a more transnational politics.
[...]
The problem of registration

Any EU citizen can vote in the European elections from the country in which they reside. ... Alternatively, an EU foreigner living in Italy could also return to vote in their country of origin, or vote for a candidate in their country from a local consulate, or by mail.

OMG!11!
by Cat on Thu Feb 21st, 2019 at 08:15:11 AM EST
[ Parent ]
It gets worse. EU nationals can also be candidates in their country of residence... Subject to non-standardised laws in each country.

Our lead candidates in Germany are Greek and Austrian.

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II

by eurogreen on Tue Mar 5th, 2019 at 10:41:43 AM EST
[ Parent ]
Federalism sux, right? Total mockery of democratic franchise. Next thing you know all the states will be sending mail-in ballots to "ex-pats".

Diversity is the key to economic and political evolution.
by Cat on Tue Mar 5th, 2019 at 11:48:37 AM EST
[ Parent ]
Actually the 1976 act makes that dual voting illegal (no idea about enforcement). There is some ambiguity about people who are dual nationals of two European countries. This did not apply to the UK, since after an absence of several years from the UK, British subjects can no longer vote there.
by gk (gk (gk quattro due due sette @gmail.com)) on Tue Mar 5th, 2019 at 12:04:57 PM EST
[ Parent ]
Answer given by Mrs Reding on behalf of the Commission
According to Article 8 of the 1976 Act, no one may vote more than once in any election of representatives to the European Parliament. Therefore, it is clear the EU citizens with a dual nationality cannot vote in both Member States of which they are national.

Directive 93/109/EC(2) on participation in the European elections does not apply to EU citizens with a dual nationality who intend to exercise this right in one of the Member States of which they are nationals. It solely concerns the cases of EU citizens who reside in another Member State without having its nationality.

Choose one member state's "listing" of representatives for whom to cast your ballot.

OMG!1!! Where are me Stamps!?!

Diversity is the key to economic and political evolution.

by Cat on Tue Mar 5th, 2019 at 01:29:04 PM EST
[ Parent ]
Enforcement, indeed, would seem problematic.
Dual voting is to be encouraged.
(I only get to vote in two countries. Your mileage is no doubt superior)

It is rightly acknowledged that people of faith have no monopoly of virtue - Queen Elizabeth II
by eurogreen on Tue Mar 5th, 2019 at 05:36:29 PM EST
[ Parent ]
No, I vote in two countries. I could vote in Israel as well, but that would require (a) being physically present there on election day and (b) having somebody to vote for. Absentee voting is only allowed for (I think) diplomats, the merchant marine, and settlers in the occupied territories (who can vote from their home, while their Palestinian neighbours cannot).
by gk (gk (gk quattro due due sette @gmail.com)) on Tue Mar 5th, 2019 at 06:05:56 PM EST
[ Parent ]
Is Israel an EU-member state?
Do you vote for MEPs representing Israel?

Diversity is the key to economic and political evolution.
by Cat on Tue Mar 5th, 2019 at 07:35:39 PM EST
[ Parent ]
Judge Hears Libel Case Over [Whisper] List
"I think you have a malice problem," the judge told Lewis."
[...]
Free speech [?] advocates have been watching the case closely because Elliott also listed 30 Jane Does, unknown contributors to the spreadsheet, as defendants. It's not clear who typed the accusations against him or whether Donegan had anything to do with Elliott's listing specifically beyond creating and sharing the initial list.
[...]
In October, Google said it would refuse to comply with a subpoena for the Does' information, and the company's position had not changed as of Thursday.

archived craven heroes
For 15 minutes I was livid.

Diversity is the key to economic and political evolution.

by Cat on Mon Mar 4th, 2019 at 08:00:02 AM EST
[ Parent ]
Rule of Atty #6: The truth is an affirmative defense.

Diversity is the key to economic and political evolution.
by Cat on Mon Mar 4th, 2019 at 08:06:30 AM EST
[ Parent ]

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