- Joined
- May 29, 2021
The main defenses he has offered so far in the court filings are:Rekieta taunted a few times on his show to sue him. Would adding that mean anything/affect their case at all?
At the very least it'll show Rekieta meant what he said to be factual and was confident enough to go to court over it.
Edit:
His main defense seems to be he's always joking on his show. But he's also a lawyer and should know better.
1) Monty is a public figure. The standard for public figures would require malice on the part of Nick. Nick says he has no malice because he was discussing something others had discussed previously.
2) That the law of colorado should apply. That based on the law of colorado applying, Nick calling him a pedo was Nick speaking on a matter of public concern.
Nick will often say other things on his show. But what his attorney argues in the court filings is generally what counts.
Both defenses could be accepted or rejected by a particular judge. Nick doesn't have a perfect defense on either point: But Monty's side didn't make perfect arguments on these points either. It could go either way.
If he looses, he'll have to pay up, but if he wins does that mean anyone can call him names as long as its in jest?
I think in any case involving Nick as the plaintiff, Nick would clearly be a public figure.
You would have to call a public figure names with actual malice (knowing that what you said was false and not caring if it were false) to get in trouble. If you could suggest that the names being called were such a joke and that no reasonable person could take the names you called the public figure seriously, then you could call that public figure names.