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This is why ABC never should have settled with Trump.
Anybody can sue anybody, but that does not mean you win.
This Blake Lively situation is being played out in the press, where the mainstream media has faltered in the opinion of the public and anything goes online and celebrities are idols of the public because everybody in politics and business is so venal and duplicitous as to be looked down upon. Hell, in the last election cycle Elon Musk and Marc Andreessen and Ben Horowitz burned whatever credibility they still had. The tech titans want to be able to operate unfettered and the public is concerned about privacy and abuse and there are two tiers in society, the overlords and the oppressed, and if you're in the latter camp, your heroes are social media influencers and celebrities, at least there you believe your vote, your clicks, make a difference. But having said that, we're evolving into a narcissistic society where only the self matters, it's like we no longer live in a society but a country of lone oftentimes gunmen.
So, it's nearly impossible to prove libel of a public figure in America.
The law is clear, the statements must be wrong and published with malicious aforethought.
In other words, the "New York Times" must have been lying with the intention of hurting Mr. Baldoni. Good luck with that.
But in truth this is not about legal court, today everything's played out in the court of public opinion, you posture, you posit, and that's what this case is all about.
Which I have been following tangentially. Blake Lively is entitled to make a living, but that does not mean I need to pay attention to her. That's the world of today, we all live in our own niches and can ignore that which doesn't interest us. But utilizing a public relations team in an effort to spin a situation to your advantage, that I'm interested in.
Now let's play this out...
Each and every day people from around the world send me hate mail, or express their negative views of me on social media. Hell, the "WSJ" printed an article about me and the Swifties are out to get me.
That's the price of doing what I'm doing.
Would I like the hate to go away? On some level yes, but without the hate I wouldn't know how some people feel, and I need to, I need to take the temperature of the public to be able to do what I do. It's the price of doing what I'm doing. If you don't play, if you don't post online, if you don't endeavor in the public to some fame/notoriety, you're immune.
Which is why the law of libel is different for private individuals.
But that's not who we're talking about here.
So Baldoni hires a bulldog of a lawyer, Bryan Freedman, who comes out with both guns blasting, believing that a strong offense is better than ever playing defense.
So the goal here is to get people to believe that Baldoni is innocent.
Because the odds of a case like this actually going to trial are de minimis (there's a legal term for you!)
And the "Times," unlike ABC, knows that its reputation and business are at stake. Once you do what's efficient in the name of business...that doesn't work in the media, because first and foremost you must have credibility, and you must make a stand so that frivolous actions in the future will be inhibited. The "Times" and most of the press have a long history of fighting libel lawsuits.
As for Donald Trump, he's got a long history of suing the press. And it isn't about the money, but spin. But now that he's President...talk about a public figure, what does he want?
Well, he already got the WaPo and the L.A. "Times" to back down, both papers refusing to endorse a presidential candidate in the past election.
And it's clear it was fear. After Trump got elected, seemingly every business titan/corporation kissed his ring and donated to his reelection campaign.
Is this the country we want to live in, where everybody is afraid to say what they choose?
Furthermore, the right wing trope is freedom of speech. Yeah, right.
Trump won fair and square. The Republicans control both houses of Congress. They've got the power, let them rule. And if they cross the line, we've got the legal system to stop them...
You can speak all day long as to whether the lawsuits against Trump were frivolous, but when the Supreme Court narrows the legal system's ability to prosecute Trump...our whole system caves.
We have a system of laws and they must be obeyed.
Do Baldoni and Freedman truly care about the law? I sincerely doubt it. They can drop this lawsuit whenever they want. The odds of it going to court... As far as the "Times" suing Baldoni for malicious prosecution...it's expensive and hard to prove and most people forgo this effort.
This is big money and famous people.
Which is why if you're a member of the hoi polloi you're essentially powerless against the man. You've got the RIGHT to sue, but can you AFFORD IT?
We need a strong press. Let's talk about the freedom of the press, not freedom of speech. And all these social media companies, they're private corporations, they can restrict speech however they want. But Musk wants to intimidate them to do otherwise. And Trump proved the point by establishing Truth Social. You can start a social media outlet to purvey your thoughts and write the rules as you see fit. Elon took over Twitter/X and if you can't see the changes, you're not on it.
Who is going to keep people in line if the press is hobbled?
The corporations have caved, under the rubric of possibly losing money, as if that's the only thing they're' involved in, as if these companies don't employ humans and sell to humans.
The press's job is to keep politicians and business people honest. They're the last line of defense. Which is why it's so hard to sue for libel and win!
And once we get rid of the rules, once people are intimidated to the point where the laws don't matter, we're screwed.
The "Times" is standing up for you.
But you've excoriated the "Times" to the point where the paper is considered the enemy, by those on both the right and the left.
This is the world we live in today, where there's no truth. And if someone tries to tell the truth, you undercut their bona fides.
This is not the world we want to live in.
But this is the one those with power and influence are creating.
Beware.
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