Defendant made false statements on her website and on television about Coach Josephs. False statements are defamatory when the evidence is clear and convincing that the speaker knew the statement was untrue, or the speaker “acted with reckless disregard for the truth.” Stevens v. Tillman,855 F.2d 394, 396 (7th Cir. 1988). Specifically, on her website, Defendant states that Coach Josephs forces his players to use steroids in order to win at all costs. In addition, she accuses Coach Josephs of “ostriching” and “turning a blind eye” to the steroid usage at the school. However, Defendant knows that Coach Josephs was thoroughly investigated by the authorities, and was cleared of any knowledge of or involvement in the scandal. After modifying her …show more content…
N.Y. Times Co. v. Sullivan, 376 U.S. 254, 256 (1964). It made this distinction to protect the First Amendment rights of people who spoke out against public officials or those who were involved in matters concerning the public. Public officials were deemed those who were held official titles (e.g. governor, mayor, aldermen, etc.), as well as those who were in the public’s eye prior to any scandal (e.g. celebrities, sports players, etc.). Private figures included everyone else. “The purpose of the public figure-private person dichotomy is to protect the privacy of individuals who do not seek publicity or engage in activities that place them in the public eye.” Conseco Grp. Risk Mgmt. Co. v. Ahrens Fin. Sys., 2001 U.S. Dist. LEXIS 2306, at *1. Ultimately, the Court held that in matters involving public concern, whether private or public figure, a plaintiff was required to show actual malice in order to recover presumed or punitive damages. Gertz v. Welch, 94 S. Ct. 2997 …show more content…
The Supreme Court defines actual malice as “knowledge that the defamatory statement was false or made with reckless disregard of whether it was false or not.” N.Y. Times Co. v. Sullivan, 376 U.S. 254, 256 (1964). Defendant is angry that her son was drugged and died in a car accident, and she has every right to be. However, Defendant has not made a singular statement against the people who were actually involved in the scandal. In fact, Defendant has not made a singular statement about the dangers of steroid usage. Defendant has only made statements to ruin Coach Josephs’s reputation. Coach Josephs was the only coach cleared of any involvement in the scandal, but Defendant was not satisfied with the police investigation. Defendant was not satisfied with Coach Josephs’s offer to testify at Court. Defendant will never be satisfied because she wants Coach Joseph to pay for her son’s death, and she has proven that she is willing to make reckless false statements to make him pay. Every statement Defendant makes is targeted at damaging Coach Josephs’s reputation, which makes them
United States v. Clemons Parties: The United States of America(Plaintiff) v. Eugene Milton Clemons and Dedrick Germond Smith(Defendants) Facts: In the case of Eugene Milton and Dedrick Smith verses the United State, the defendants are charged with murdering George Douglas Althouse. George Althouse was a Special Agent with the Drug Enforcement Administration(DEA).
During the Penn State child rape scandal, Jerry Sandusky had been accused of having sexual relations by force with athletes at the college. Further documentation shows that Sandusky had not only one sexual relations with a student; but with “10 boys in a period of 15 years. “(Huffington Post) The classification of crimes that Jerry Sandusky committed is legally defined as “mala in se.” During the first apparent observation of abuse occurring at the school, Michael McQueary, a former assistant coach for Penn State, reported the descry to Joe Paterno; whom then reported the accusation to school officials.
Therefore, corpus delicti was not provided in the case therefore the defendant’s charge of PCSA was lowered to ASCA. Holding & Analysis “The State need not present independent evidence corroborating every element of the charged offense before a defendant’s statement may be used to prove the corpus delicti; and a predatory-criminal-sexual-assault defendant’s confession to penetration was properly admitted even though the victim had stated only that he touched her private
Sandusky was found guilty on 45 criminal counts on June 22, 2012. On June 30, 2012, McQueary’s contract as the receiver’s coach ended and he was notified that it would not be renewed. Even up until 2016 this case is continuing to be dealt with in the manner of Curley and Schultz. There have even been allegations made stating that Joe Paterno knew that Sandusky was involved in sexual acts with young boys the entire time. Sandusky has filed several appeals which have all been denied to this date.
On November 4, 2011, Jerry Sandusky, former defensive coordinator for Penn State, was accused of sexually abusing eight children during his time at Penn State. More news followed saying that officials at Penn State knew about the incidents, but failed to report any of it to law enforcement. Jerry Sandusky was with Penn State for a total of 32 years. In that time, his actions outside of football didn’t go completely unnoticed. In 1998, an 11-year-old boy told his mother that Sandusky showered with him and may have engaged in some inappropriate contact.
PROS: The pros of the Louisville scandal were very hard to identify. Being that the scandal was very much the hot topic and caused more bad than good, there are not many pros of this scandal. One pro that I found while reading up on the Louisville Scandal was that it brought the team, school and also the coaches many opportunities of fame and attention. During this time of attention, there was a book published called ‘breaking cardinal rules: Basketball and the Escort Queen.’
In 1998, a mother reported that Sandusky had showered with her son in one of the buildings on campus, which was quietly swept under the rug (Crandall, et al., 2014). In 2001, a football assistant, Mike McQueary witnessed a sexual encounter between Sandusky and a 10 year old boy and reported it to Coach Paterno (Crandall, et al., 2014). Paterno went to the group of four men who were made aware of the situation in 1998 and together, they confronted Paterno (Crandall, et al., 2014). Instead of reporting him to authorities, they told him to refrain from bringing young men to the facilities and informed the director of Sandusky’s charitable organization as well (Crandall, et al., 2014). When President Spanier next met with the board of trustees, he intentionally withheld the information regarding Sandusky’s actions (Crandall, et al.,
Jerry Sandusky, assistant football coach for Penn State by all outward appearances seemed to be an outstanding citizen who worked with the legendary Joe Paterno and founded The Second Mile, which was a charitable organization that helped disadvantaged youth. Unfortunately, for the children, Jerry Sandusky was also a serial child rapist. Another tragedy is that although you would think if anyone knew of the abuse, they would have helped these children, in this case, people in high places knew of the abuse and did nothing. Some of the most powerful people, which included President Graham B. Spanier, Senior Vice President-Finance and Business Gary C. Schultz, Athletic Director Timothy M. Curley and the Head Football Coach Joseph V. Paterno, at
Grace Casaschi Mrs. Rugon Honors English 9, Period 1 24 September 2014 Joe Paterno, a Modern Day Oidipous In Greek tragedies, the main character has a tragic flaw that brings them to their defeat. For both Oidipous and old Penn State coach Joe Paterno, that tragic flaw is hubris. They put themselves above everyone else, and were blinded by their fame. The tragedy of Joe Paterno’s fall is similar to Oidipous in that both men are cursed with arrogance.
Famous people have more rumors spread throughout society and the internet about them than ordinary people. The most rumored target is presidential candidates. “The Anatomy of a Smear Campaign” by Richard H. Davis follows John McCain’s campaign for president in the 2000 primary election. Another article regarding John McCain and the 2000 primary election is “How to Fight A Rumor” by Jesse Signal which entails the best way to fight against rumors in the public spotlight. In “How to Fight A Rumor,” the best way to fight a rumor was to not fight against it verbally in case one says the wrong thing, but to immediately create a factual platform to show the truth.
Gregory Johnson was a student at Lincoln Christian College (LCC) from September 1976 to March 1981. He was enrolled in a five-year program to prepare him for a career teaching sacred music. Johnson has completed all of his course requirements and fully paid his tuition for each year; however, LCC has repeatedly refused to grant Johnson his diploma based on a charge that Johnson might be homosexual which arose during Johnson's last semester at LCC when, Linda Heppner, another student told Thomas Ewald, LCC's dean of students, that Johnson might be homosexual. Based on those accusations, LCC through Heppner told Johnson that he would only graduate if he sought counseling from Kent Paris. Relying upon the assurance of graduation and afraid that
Women are taking Bill Cosby to court, but the tables have turned and now, Bill is counter suing seven of those women, according to TMZ, Dec. 14, 2015. Bill believes the women deliberately set out to destroy his return to television with malicious intent. Bill Cosby’s lawyer, Monique Pressley filed the lawsuit today in the U.S. District Court in Massachusetts claiming the seven women have made "malicious, opportunistic and false and defamatory accusations of sexual misconduct against him," and they "knowingly published false statements and accusations.” No lawsuits or claims against Mr. Cosby came up until the news became public that he was doing a new family comedy series on NBC. According to USA Today, the seven women named in the lawsuit
Burnett (plaintiff) argued that the National Enquirer’s (defendant) article was utterly false and libelous. In return, the jury presented Burnett with $300,000 in compensatory damages and $1.3 million in punitive damages. The trial court
Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
Mary Ellen Kimble v. The Worth County R-III Board of Education In this scenario, I feel that the school’s success was highly dependent on their ability to provide “competent and substantial evidence” of Ms. Kimble’s “immoral conduct”(Mary Ellen Kimble v. The Worth County R-III Board of Education, p. 2).On three separate instances, Kimbell was found guilty of “untruthfulness and taking property not her own without consent or permission”(Mary Ellen Kimble v. The Worth County R-III Board of Education, p.7).