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07-24-2009, 11:41 AM
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GreekChat Member
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Join Date: Jan 2001
Location: Who you calling "boy"? The name's Hand Banana . . .
Posts: 6,984
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Quote:
Originally Posted by deepimpact2
As for your question about the cop ID information, I did not mean for you to interpret my statement as saying that was the reason it was thrown out. My point was that they not only threw the case out because they couldn't maintain the charge, but also because they were hoping to avoid having him file a complaint because the officer did not comply with his request.
Finally, while words CAN escalate to the point where those "requirements" are met, the key word is CAN. There is still nothing to indicate that this is what happened. Despite the fact that there are hundreds of accounts of what happened, the fact remains is that the only thing they have been able to say was that Dr. Gates repeatedly asked for the officer's information and was angry. He didn't hit anyone, he didn't swing at anyone, and he didn't do anything that they could point to that created a hazardous environment.
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Good post, I agree with basically everything you've said here - I still think it's important to point out where our platitudes fail, and anecdotal evidence sucks, but I like the explanation you've given here.
Last edited by KSig RC; 07-24-2009 at 12:38 PM.
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07-24-2009, 11:52 AM
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GreekChat Member
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Join Date: Aug 2006
Location: Atlanta area
Posts: 5,382
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Quote:
Originally Posted by KSig RC
Good post, I agree with basically everything you've said here - I still think it's important to point out where our platitudes fail, and anecdotal evidence sucks, but I like the explanation you've given here.
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Really?
Even about what Gates was doing? Isn't that pretty significant in evaluating the overall event and how racially motivated it was?
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07-24-2009, 12:40 PM
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GreekChat Member
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Join Date: Jan 2001
Location: Who you calling "boy"? The name's Hand Banana . . .
Posts: 6,984
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Quote:
Originally Posted by UGAalum94
Really?
Even about what Gates was doing? Isn't that pretty significant in evaluating the overall event and how racially motivated it was?
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I meant to edit out the first paragraph, which I don't agree with (but actually has some analytic thought, instead of direct-to-video posturing and platitudes, so at least it's contributing to the discussion).
I guess here's my bottom line: __________ is likely to act like an entitled, arrogant asshole when they feel disrespected and challenged without cause.
Fill in the blanks: Cop? Harvard professor? Both seem to fit well for me.
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07-24-2009, 01:22 PM
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GreekChat Member
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Join Date: Aug 2006
Location: Atlanta area
Posts: 5,382
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Quote:
Originally Posted by KSig RC
I meant to edit out the first paragraph, which I don't agree with (but actually has some analytic thought, instead of direct-to-video posturing and platitudes, so at least it's contributing to the discussion).
I guess here's my bottom line: __________ is likely to act like an entitled, arrogant asshole when they feel disrespected and challenged without cause.
Fill in the blanks: Cop? Harvard professor? Both seem to fit well for me.
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Or you could fill it in with any GreekChat poster's name.
This seems stupid though: http://abcnews.go.com/Politics/story?id=8163051&page=1
It would seem like both would be eager to put the specific incident behind them. I found it admirable that Gates didn't make any noise about a false arrest suit.
Assuming the police office did stupidly sue, could he name Obama as well?
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07-24-2009, 01:23 PM
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GreekChat Member
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Join Date: May 2007
Location: In a house.
Posts: 9,564
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Quote:
Originally Posted by UGAalum94
Or you could fill it in with any GreekChat poster's name.
This seems stupid though: http://abcnews.go.com/Politics/story?id=8163051&page=1
It would seem like both would be eager to put the specific incident behind them. I found it admirable that Gates didn't make any noise about a false arrest suit.
Assuming the police office did stupidly sue, could he name Obama as well?
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It's illegal to sue the President.
__________________
Law and Order: Gotham - In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.
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07-24-2009, 01:31 PM
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GreekChat Member
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Join Date: Aug 2006
Location: Atlanta area
Posts: 5,382
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Quote:
Originally Posted by DaemonSeid
It's illegal to sue the President.
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Really? I'd expect him to have immunity for most official actions, but I wouldn't think he could defame or slander with impunity.
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07-24-2009, 01:35 PM
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GreekChat Member
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Join Date: May 2007
Location: In a house.
Posts: 9,564
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Quote:
Originally Posted by UGAalum94
Really?
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Naw...not rearlly.
Just don't see anyone doing it and being successful. Heh!
I wonder how far citizens and groups have gotten with filing lawsuits against Presidents past and present.
__________________
Law and Order: Gotham - In the Criminal Justice System of Gotham City the people are represented by three separate, yet equally important groups. The police who investigate crime, the District Attorneys who prosecute the offenders, and the Batman. These are their stories.
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07-24-2009, 02:39 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
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Quote:
Originally Posted by DaemonSeid
It's illegal to sue the President.
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Executive privilege is a very squishy, grey, untested area.
Here, my feeling on the subject is that in theory, if the alleged slander arose from the President's duties since he was commenting on a matter of public concern during a Presidential press conference. That should probably be a privileged statement.
Even if the statement wasn't privileged, I don't know if it'd be actionable anyhow for a few reasons. 1) The police officer is a limited purpose public figure -- he's famous, of public concern, etc. 2) since the President's statements weren't made with malice (he didn't know the statement was false or wasn't necessarily reckless with regard to the truth), and even if he did that it's hard to say that the President's words would have the tendency to lower the police officer's standing in the community. The whole story is out there and the President's remarks are a mere sideshow.
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07-24-2009, 03:07 PM
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GreekChat Member
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Join Date: Aug 2006
Location: Atlanta area
Posts: 5,382
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Quote:
Originally Posted by Kevin
Executive privilege is a very squishy, grey, untested area.
Here, my feeling on the subject is that in theory, if the alleged slander arose from the President's duties since he was commenting on a matter of public concern during a Presidential press conference. That should probably be a privileged statement.
Even if the statement wasn't privileged, I don't know if it'd be actionable anyhow for a few reasons. 1) The police officer is a limited purpose public figure -- he's famous, of public concern, etc. 2) since the President's statements weren't made with malice (he didn't know the statement was false or wasn't necessarily reckless with regard to the truth), and even if he did that it's hard to say that the President's words would have the tendency to lower the police officer's standing in the community. The whole story is out there and the President's remarks are a mere sideshow.
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Having the President say on national TV that your actions were stupid does seem to me to be likely to lower the police officer's standing in the community. That's actually the only thing that would make me wonder if he could be included in the defamation. The damage likely to be done to the cop's reputation was magnified greatly, I think, by the President commenting on it.
And since it was a health care address, I think it's a little less clear that he was responding to an issue of national concern. Had "Skip" not been a personal friend, which I think is how he put it, I think he would been a lot more reticent to speak up without knowing all the facts.
But as I said before, I think it would foolish for the cop to try to sue Gates, much less Obama.
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