- Joined
- Dec 28, 2014
Right, it's SDNY. I know that but keep talking about it like it's in California. NY has no effective anti-SLAPP statute, and it wouldn't apply to this case.
- Status
Right, it's SDNY. I know that but keep talking about it like it's in California. NY has no effective anti-SLAPP statute, and it wouldn't apply to this case.
- Joined
- Feb 6, 2018
Yeah, it's kind of weird why Akilah decided to file in NY, unless of course it was the most convenient forum for her at the time. I'm pretty sure the 2nd Circuit has a more expansive definition of Fair use than the 9th too, but don't quote me on it.
- Joined
- Dec 28, 2014
If you're filing a blatant SLAPP suit, filing it somewhere without an anti-SLAPP makes sense. Also Hughes lives in New York.
INVCTS
kiwifarms.net
- Joined
- Feb 20, 2019
Daddy Issues. Single parents don't make good teachers.
DragoonSierra
kiwifarms.net
- Joined
- Nov 10, 2015
Isnt fair use very well defined?
Also whats stopping her from making videos on Youtube?
If he files an supplement with this stuff in it, would that help him in a future suit? Like could he use this suit to authenticate the evidence?
- Joined
- Feb 6, 2018
Not really. There's several landmark cases which have defined certain types of speech (like satire, parody) as objectively fair use, but there's still a lot of legal gray area surrounding it, especially in what qualifies as satire or parody. Moreover, Copyright law is also highly variable based on what circuit you're in, so California and New York have differentiation in terms of what they consider to be fair use. Finally, certain aspects of fair use are only applicable to educational and non-profit institutions, and are only available if the use meets certain very high bars.
- Joined
- Dec 29, 2018
I love how she's so fucking stupid she still doesn't understand why she lost the case, despite it having been explained directly to her by the judge at least once. And probably by her lawyer and now, every fucking internet vlog lawyer from everywhere in the United States and tons of them from outside of the country have explained it in countless videos on youtube. And she still, despite having such a shitty fucking case thinks she lost on a technicality and not the fact her understanding of the world is less than that of the average developmentally challenged third grader.
DragoonSierra
kiwifarms.net
- Joined
- Nov 10, 2015
lolcow thread when? Also was she in attendance when the judge explained it or was it just her lawyer?
- Joined
- Dec 29, 2018
I don't think she was but she no doubt was handed the piece of paper with the Judge's decision. Maybe she just didn't read it or it was too confusing for her since it was longer than a tweet. I could totally see her being like 'Yo, this is like, too long. Can you like just you know, stop and just tell me how much money Sargon owes me?' over and over again until her lawyer wants to kill themselves. In minecraft.
- Joined
- Aug 21, 2018
defamation suits are extremely hard to prove and win, even in apparent clear cut cases.
Embarrassment that she can never have comments on unless she wants to spend 3 hours a day periodically removing all mention of Sargon, Lawsuits and “I don’t give a fuck if he has a family”
- Joined
- May 6, 2019
In this case... not really. She can't have him labeled a public figure, since he is neither a general purpose nor limited purpose public figure. She is attacking him as a content creator, but that has specifically been rejected in the courts as reason sufficient onto itself. Even if he somehow were, Actual malice is really easy to prove her, since she has EXPLICITLY said her purpose is to ruin him, damn the facts.
That right there removes the biggest hurdle.
From there, has she inflicted damages? Yes, and outright said she wants to do more.
Has she defamed him? Yes, calling someone a Nazi or fascist was the issue at core in a supreme court ruling.
While you are right that defamation suits are generally hard to prove and win, this stupid, stupid bitch has outright said, publicly, everything needed to not only prove every single element of the suit, but to do so with such clear cut evidence that the initial pleadings alone would be sufficient. That takes some amazing work to fuck up that bad.
- Joined
- Aug 5, 2017
She admitted critical elements of the offense? Out of her own mouth?
This bitch is a lolcow.
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- May 6, 2019
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- Aug 5, 2017
- Joined
- Dec 20, 2019
When someone tells me they want to sue for defamation, the first thing I tell them is "I won't do it without at least $10k for a retainer." Defamation suits are a rich man's game.
- Joined
- Dec 29, 2018
The blackest thing about Akilah is the void inside her head where a brain usually goes.
- Joined
- May 6, 2019
Agreed, but Sargon does have a warchest, albeit a small one, since Akilah is definitely going to be paying his fees for THIS suit.... Its why her running her mouth off kinda baffles me.She has given him the means to, for very little risk to himself, just hammer her.
- Joined
- Dec 20, 2019
But he's unlikely to get attorney fees on the defamation case, and may not be able to show much in the way of actual damages (being a white supremacist is not actually a crime, so it's not defamation per se with the accompanying presumed damages), so it's probably a net loss monetarily. If the suit isn't going to get you more than it costs, you're spending a lot of money for the satisfaction of the court saying that the defendant was wrong; hence, a rich man's game.
- Joined
- May 6, 2019
Actually... it is. One category of Defemation per Se in new York law is
" Stating false facts that tend to injure a plaintiff in his or her business trade or profession"
This is overtly and explicitly what she is doing, this is literally what she has SAID she is doing, and calling someone a Nazi counts as a false fact which is provable as false.
I can't imagine
kiwifarms.net
- Joined
- Jul 1, 2019
Um, I hate to tell you this, but Sargon going into court and trying to prove he's not a racist may not go as smoothly as you think.
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