Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

Being libel-proof is for people like Hitler. Not some hypothetical, he's-not-liberal-thus-he's-Hitler deal, literally I-gassed-6-million-Jews Hitler. The reasoning is that someone's reputation is so bad, defamation wouldn't hurt him anymore.

No one (well, barring Stormfront people or whatever) would stand in line for a Hitler autograph. If someone defamed him by calling him a pedophile he wouldn't be suffering any damages.

Woahly there, not so fast! I’d stand in line for a Hitler autograph, and have never been on Stormfront.

Do you have any idea of how much a genuine Hitler autograph is worth?!?

Thousands of dollars, my man! And the price can quickly reach tens of thousands of dollars if it has good provenance and history.


As I've been saying all along: the desperate actions of a lawyer that knows their case is indefensible and is willing to try anything to give their clients the slightest chance of not owing Vic a million dollars.

As I wrote elsewhere: I strongly doubt that a lawyer who feels confident in TCPA going their way, would bother with this kind of exceptional hail-Mary-play filing.

I suppose we’ll see T. Greg and his fellow legal-speds from LOL-Twitter call this a stroke of brilliance as well. (Even if it’s a rather unnecessary strike of brilliance, since they were 100% sure the case wouldn’t survive the TCPA. :lit:
 
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Correct me if I'm wrong, but doesn't the "libel-proof" argument pretty much only work for people that have actually been convicted of the crimes the alleged defamation was based on? Like, a convicted murderer trying to sue someone for claiming he's a murderer or something?

The main problem with the "libel-proof" argument is that he basically goes from highly talented, well-respected voice actor to pedophile rapist in all of 60 seconds. The thing is that basically everyone would have to have known that he was a pedophile rapist before-hand, not just talked about in con circles. It has to be so well known and actively get him banned from cons and jobs previously. And so damning that basically nothing would impinge his reputation. This is really a hard case to make.

What Funimation is basically saying is that the defamation made him libel-proof. Its circular logic. "Well, we and others defamed him so now his reputation is so bad that nothing can defame him." It doesn't work that way.

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They don't run any service. No one published any information through them. What the fuck is this fucking garbage? If I was the judge I would be personally offended by this shit.

My guess is that this garbage was filed by the fucktarded duo themselves through their attorney. Otherwise this is fucking malpractice.
 
I think the other thing that people often miss is that the first amendment applies to the government. It simply means that they cannot censor you or arrest you for your speech along with the other rights described in the amendment.

However it doesn't grant you a podium, require anyone else to yield you theirs, or even extend to private individuals or organizations. You're free to yell all you want about god being a lie in the public square, but do so in a church and you can be asked to leave. If you don't, you'll be arrested for trespassing, but not blasphemy or the content of your speech.

About the only examples I can think of offhand where speech becomes a criminal matter (defamation is a civil offense) are highly specific examples of incitement to violence (to the point where it appears a person is giving clear orders and becomes an accessory to any crime committed) or filing a false police report, which is only a misdemeanor in most jurisdictions and often difficult to prove because the state needs to prove that you knowingly and intentionally made false statements and merely weren't misremembering a situation.

I suppose child pornography and revenge porn laws fall into that category as well. Strong free speech advocates should probably argue that both of those should be okay (but you can get into other interesting arguments along copyright or unlawful use of name or likeness to skirt around the issue) but most people hate pedophiles so much that it doesn't bother them if they're being a little hypocritical in that case.
Child pornography isn’t illegal because the content is objectionable, but because having it be legal will increase the demand for it and directly contribute to an increase in child sexual exploitation. So it falls under the same free speech logic as directly inciting violence.
 
Well, from what I notice: Firstly only J. Sean signed off on it, possibly a sign that Casey and Andrea finally got tired of not being paid?

Second, as you can see here they're adding in a new affirmative defense.
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It just seems to be their new affirmative defense is "We're a publisher. Also we dindu nuffin."

Except that Casey Erick stipulated ON THE FUCKING RECORD that Ron made at least those 400 tweets Ty tried to get him to authenticate and he refused to, so they can't backtrack on that. Otherwise Casey committed perjury (if my reading is correct) and he's seven ways to Sunday fucked.
 
Child pornography isn’t illegal because the content is objectionable, but because having it be legal will increase the demand for it and directly contribute to an increase in child sexual exploitation. So it falls under the same free speech logic as directly inciting violence.
You can't yell Fire in a crowded child porn shooting.
 
My guess is that this garbage was filed by the fucktarded duo themselves through their attorney. Otherwise this is fucking malpractice.
View attachment 864955

They don't run any service. No one published any information through them. What the fuck is this fucking garbage? If I was the judge I would be personally offended by this shit.
It's probably a notice that they intend to raise this defense in the full trial, but put in before the TCPA motion hearing for some reason? Probably just shenanigans to try to confuse BHBH and waste their time before the TCPA motion hearings. "When you've got neither the facts nor the law, pound the table" and all that.

It's exceptional enough of a move to help build a case for sanctions (or increase the amount awarded with sanctions).
I hate breaking it to them, but the last time I've checked is that you are held accountable for what you say on Twitter or any other website. Twitter is protected by 230, and you're unfortunately not. This is gonna backfire on them big time. I don't know if is it me or is it the fact they don't know shit about how the law works - even though I'm no expert what's going on with Texas based on how their laws works. Especially anything involving the law itself.
 
Was always going to happen
Yes, it wasn't a shock, but still disappointing.

I was hoping Ty had prepared for enough of the expected responses in advance, but I suppose no one really expected that massive trash heap of incoherent garbage.

Ultimately I want the strongest Rep. possible, but I'm eager to see some of the arguments really put to the test.
 
Child pornography isn’t illegal because the content is objectionable, but because having it be legal will increase the demand for it and directly contribute to an increase in child sexual exploitation. So it falls under the same free speech logic as directly inciting violence.

Child pornography is illegal because the law views it as equivalent to abusing a child or exploiting one, as well as for content. This is why loli and basically all forms of 'drawn' 'child pornography' are basically legal in the United States, some exceptions are states but they're not typically going to prosecute you for drawn shit (typically its added onto child porn charges or used for parole violations). They have better things to do. This comes under defense of the 1st Amendment. If this were the rationale, drawn child pornography would be illegal as well. Deep fakes are considered child porn because the court doesn't want to have to sift through what 'is or is not' child porn. Its a hard statute. This includes pasting minor's heads on porn actresses bodies, literally cutting them out from magazines and pasting them with glue. There's a reason for this, the court doesn't want to have to fuck around with what is or is not child porn. That's part of the reason it separated off from obscenity and why loli isn't included. They don't want to fuck around with the 1st Amendment at all, so its really cut and dry. Child porn is completely objectionable content as well as equivalent to abusing a child in the eyes of the law. Its not merely inciting violence. If it were thought of as inciting violence or creating the demand for abuse, drawings could be included. The reason they aren't is because as I mentioned above, the statutes are designed to not even come close to touching the first amendment, and the case for drawings could be made and fuck up the statutes. Therefore, the law views it as actively participating in violence, hence why sentences for child porn are extremely harsh and unyielding. Hence why even viewing an image is a crime, not just possessing it or trading it. People have had child porn images transmitted through other innocuous files, and if you can prove you never viewed it as well as never intended to download it, you're fine. If you view it, you're fucked, even if you deleted it and never intended to download it. Because simply viewing an image of child porn is illegal, intent or not.

This is also why child pornography was separated off of obscenity as well and had a specific set of laws and statutes created for it. Much, much harsher ones. If the government wanted to prosecute you for loli (some guy in Ohio or Iowa got Doujins seized and it fell under Obscenity), it'd come under obscenity and not child pornography. You'd also get far less time and I don't think obscenity requires you to register as a sex offender or not. Child Porn is automatic. Obscenity I think prosecutors can request as part of a plea deal or in terms of sentencing. Which can be denied.

Child pornography content was ALWAYS objectionable. This has never changed. In past years, it fell under obscenity (which is NOT protected speech. However, obscenity these days is such a clusterfuck it is very rarely used by prosecutors unless the targets are easy as fuck, completely dis-likable, poor, mentally handicapped or all four. Nobody wants obscenity to go up in front of the Supreme Court because Obscenity has been on its last legs for awhile now) whose direct definition is objectionable content. It got its own set of laws thanks to the internet and the erosion of obscenity laws that something else needed to be created for it.

Some shit still gets prosecuted under obscenity, which again, is not protected speech and speech the government directly finds objectionable in its content (no merits what-so-ever). Its rare and prosecutors aren't going to do it unless they're pretty sure you're completely fucked. But obscenity statutes still exist.
 
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Attachments

Time for stupid questions, is the CDA defense comes as throwing ( incredibly exceptional ) shit on the wall to see what would eventually stick ? Or one of Ronica lawyer became aware enough that there might be a chance to that repeating hearsay could be a good cause for defamation, and that they need to disavow all of the affidavits ?

On the other hand, isn't Funi supposed to have better paid lawyer ? Why would they use the affidavits that their co defendants just seemingly disavowed ?

From my shit slinging position it seem that Funi tries to extinguish a fire in their barbecuevwith a landmine that ronica just threw away. Even for my standard of stupidity that sounds incredibly retarded, maybe I need go on Twitter to check what kind of contortion they would justify that shit with.
 
Uploaded here so we don't have to rely on shoe-eater.
With respect your honor, the defendant's counsel was so butt blasted about bates notes they tried to dump truck a motion. They further showed sand in their collective vaginas, by trying to get us to defend hundreds of pages of nonsense with a few days notice. We would humbly request you give us the opportunity to properly ruin their reputations even further then they have already.


P.S. I promise we won't give you 700 pages of documents to pretend to read before you use the gavel to start bashing heads in.
 
On the other hand, isn't Funi supposed to have better paid lawyer ? Why would they use the affidavits that their co defendants just seemingly disavowed ?

Funi's latest motion is supported only by the 3 depositions and Marchi's sworn statement. Realistically, there probably shouldn't even be an adjournment of their TCPA hearing.
 
Yes, it wasn't a shock, but still disappointing.

I was hoping Ty had prepared for enough of the expected responses in advance, but I suppose no one really expected that massive trash heap of incoherent garbage.

Ultimately I want the strongest Rep. possible, but I'm eager to see some of the arguments really put to the test.

With respect your honor, the defendant's counsel was so butt blasted about bates notes they tried to dump truck a motion. They further showed sand in their collective vaginas, by trying to get us to defend hundreds of pages of nonsense with a few days notice. We would humbly request you give us the opportunity to properly ruin their reputations even further then they have already.


P.S. I promise we won't give you 700 pages of documents to pretend to read before you use the gavel to start bashing heads in.

How in the ever-loving fuck do you file over nine times the amount of supplementary material a subsidiary of a multi-billion dollar corporation does? Even Rial filed only 88 pages. Then Funi filed an amended motion for even MORE evidence (even if its just re-used from other TCPA's, I imagine they have to put that in perspective of Funi's TCPA, not just the others). So more documents to bury opposing council in.

I just don't see how this flies. They had weeks to file these motions and just went 'lol docu-dump, eat it misogynist trolls, gl going through 750 pages in like five business days lolz'. Its fucking absurd. 500 fucking pages from those two dipshits? Good god.

Time for stupid questions, is the CDA defense comes as throwing ( incredibly exceptional ) shit on the wall to see what would eventually stick ? Or one of Ronica lawyer became aware enough that there might be a chance to that repeating hearsay could be a good cause for defamation, and that they need to disavow all of the affidavits ?

On the other hand, isn't Funi supposed to have better paid lawyer ? Why would they use the affidavits that their co defendants just seemingly disavowed ?

From my shit slinging position it seem that Funi tries to extinguish a fire in their barbecuevwith a landmine that ronica just threw away. Even for my standard of stupidity that sounds incredibly exceptional, maybe I need go on Twitter to check what kind of contortion they would justify that shit with.

The CDA is clearly not going to stick. There is no valid interpretation or case-law that fits these two fucktards at all. They're not platforms OR publishers so its clear that it doesn't protect or even relate to them. The only reason it is there is to burn time on the clock. It takes ten minutes for them to post this. The problem is it takes greater than ten minutes to deal with something like this. With everything else they've got to deal with, it just puts time on that clock and more weight on the firm to deal with all of this at once.

Combine that with all the other shit they have to go through. Nick was going through their motion and he did hours and hours on it and barley made it half-way and that's with him speed-reading it and doing super-chats and skipping through.

That fucking CDA section 230 thing is so fucking stupid i'm actually going to explode with rage

I think it is so stupid and so patently obvious what they're trying to do it has to be a fucking sanctionable offense. That shit is so mind-numbing obviously frivolous. I mean, PUBLISHER or PLATFORM. You know you are neither, with no relevant case-law in Texas. And yet you filed it anyway, just to waste time. That is some petty fucking shit.

I mean, granted, it might only buy Vic back about an hour or so, but still, holy fuck.
 
That fucking CDA section 230 thing is so fucking stupid i'm actually going to explode with rage

Is what they're trying to convey is that they should be protected from defamatory comments *other* people may have posted on their social media accounts?
 
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Is what they're trying to convey is that they should be protected from defamatory comments *other* people may have posted on their social media accounts?
this is reeking of onenof the super lolyers sending their colleague another thing they can slip in there.

This filing is looking more and more like a group project from the super lawyers hive mind, each working on their own part.
 
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