You don't have to claim to be a performance artist for the defense I'm talking about. Trump doesn't claim that! He claims he's right and the fakenewsmedia is lying to you about everything. You just have to be a massive fucking liar.Jennifer wrote: ↑05 Jul 2018, 12:40Yeah, but we're not talking about "reasonable people"; we're talking about folks who think Alex Jones is an actual news source. (I honestly do not know how much of that comment is serious, and how much is snark.)nicole wrote: ↑05 Jul 2018, 12:36Not sure where Randazza comes in at that link?Mo wrote: ↑05 Jul 2018, 12:10Randazza seems to have closed that avenue. If he never believed it, it seems pretty clear that he was making up outrageous lies about the families.
“The First Amendment has never protected demonstrably false, malicious statements like the defendants.'” I was stuck hard, though, by what the plaintiffs’ attorneys wrote earlier in the complaint: “Alex Jones does not in fact believe that the Sandy Hook shooting was a hoax – and never has.”
But in any case the point is that if your whole thing is making up outrageous lies, all the time, and everyone knows that, then you become allowed to do that because no reasonable person would believe you.
FWIW, another Randazza client, Andrew Anglin the neo-Nazi, has tried arguing online that "Andrew Anglin the neo-Nazi" is merely a performance-art character, presumably in hope of making similar legal arguments in the future. (And just a couple days ago Angling lost a defamation lawsuit by default, since neither he nor his lawyer -- not Randazza for that specific case -- bothered showing up.)
Obviously plenty of people think Trump is a real news source too.
From Ken White's 2017 op-ed:
Any reasonable person would not take Jones or anything he said seriously for basically the same reasons.Early this month, a New York judge dismissed Jacobus' lawsuit, finding that Trump's comments couldn't reasonably be interpreted as statements of provable fact, and therefore couldn't be defamatory. The judge focused on Trump's manner of communicating and how reasonable people understand it: "his tweets about his critics, necessarily restricted to 140 characters or less, are rife with vague and simplistic insults such as 'loser' or 'total loser' or 'totally biased loser,' 'dummy' or 'dope' or 'dumb,' 'zero/no credibility,' 'crazy' or 'wacko,' and 'disaster,' all deflecting serious consideration."