Right, and how do you obtain that "proof of deliberateness"? Or measure that non-physical harm in a way that doesn't give power to people who just don't like what you're saying (possibly the truth)?
Most people in favour of free speech already know about libel and defamation, you're just trying to muddy the waters here.
Bernhard Gaetz famously said (accurately) the victims family never got a dime from him after the lawsuit. It's quite likely similar will be said from Jones, although they can take the scraps of Infowars which is worth very little without their star loon. They are grasping at straws while being yanked around by attorneys, while the brutal truth is the real enemy that murdered their children is in a grave and they will never be able to truly dish out justice to him while they flail around looking for it elsewhere.
People do have their children murdered, and it's terrible, but they often go on with their lives.
Because of Jones, these parents were harrassed for years, forced to move home and go into hiding. Yes, it wasn't Jones doing the harrassing directly, but he was the one accussing them of being actors for years.
Now being a thinking, somewhat empathetic human being I understand people handle grief differently. I don't think he was an actor. But I understand why he might be viewed that way. It seems insane to me that somehow it was lawfared that Jone's real interpretation that it looked like acting to him (it looked like acting to me, but I know it wasn't and those kids really were killed) and somehow it is his fault that he is liable for harrassment others do under the flag of agreeing with Jones' take. That has an incredibly chilling effect on speech.
Jones did lose the civil case but it was a weird one, in the right venue, at the right time, in the worst possible light, and with pretty bad representation both of himself and spotty counsel. It's not something to look at to rest your hat on for how these things will continue to be interpreted in the future.
Again, if he’d said this once, or even a couple of times, we wouldn’t be here now. If jones could have provided any reasonable evidence to back up his claims, we wouldn’t be here now.
It is important people like Jones exist, even if what they spout almost all the time is vicious lies that nutjobs cite to harass people. Someone needs to bear the banner of the conspiracy angle, and drum up whatever evidence they can find.
It actually wasn't. The case was decided on a default in discovery and no facts were ever tried. Then the separate penalty trial was started immediately afterwards. The judgement is being appealed, but in Texas, you can collect anyways. If the appeal is successful, then the claimants may have to pay any difference back, or reduce the total amount they can expect to receive from escrow.
I really don't think people appreciate the precedents involved here. Including that one of the claimants is was an active FBI agent at the time and was suing over claims involving his job performance which has never been done before.
> Jones as a deliberate lair
Well, it could be that he actually believes what he says, if so, what exactly should happen then? This was never heard by a jury or judged on those merits.
If only there were a system of formal rules and a process where evidence is presented by highly trained and experienced experts, presided over by an impartial arbiter, with deliberation, established precedent, a system of appeals, and if only that system had been used here.
The first amendment absolutely gives you the right to lie, and the right to profit from that lying if you're not explicitly committing fraud or defaming anyone. You may disagree with it, but that's what the law is.
You don't have a right to lie.
This is defamation, which is also against the law. However, the damages here are incredibly minor, and thus not worth punishing. Most people probably don't believe you.
However, if I made a lie about you that caused you to lose your employment and become unhireable, is that also protected speech?
You don't have a right to harm others with lies. You don't have a right to lie.
I'm aware. That's why I mentioned it. There's no remediation if there's no damages.
If I'm made of marshmallows I'm not human and not eligible for health insurance. If my insurer believes your claim which is a reckless disregard for the truth and I'm denied coverage, you're liable. If my wife leaves me because she didn't want to marry a marshmallow and causes massive legal damages and emotional harms you're liable for defamation.
It's like you're arguing you have the right to punch. Like, sure, swing your arms wherever. But your right to swing your arms ends at the tip of my nose.
You don't have a right to lie about me.
However, there are very specific exceptions. You are not allowed to lie under oath. You are not allowed to defraud. You are not allowed to defame. Those states are each defined separate and apart from “lying,” which is freely permissible.
Also, doctors and lawyers are subjected to discipline by their respective guild. So even if it's your right to say bullshit, you might lose your job and license.
Arguably, there's no to little consequence of being a nobody and lying about something like autism and vaccine. It's probably isn't worth the effort to sue folks. That said, misinformation is clearly harmful and we shouldn't let people lie unchecked.
The amount of whataboutism and history rewriting going on in these comments is impressive
This is the perfect illustration of the first amendment in the US vs the UK. In the UK a violent Maoist (red guard-like) police mob went after teenager for causing offense: https://www.dailymail.co.uk/news/article-12399911/Revealed-M...
The Sandy Hook parents received death threats for years because of him. That’s not “being offensive”, it’s tormenting people and putting their lives in peril.
https://archive.ph/20221013141353/https://www.nytimes.com/20...
If this trial went all the way through it seems only proper to sue MSNBC and CNN for several billion. We can directly tie the assassination attempts on a former sitting president to their violent rhetoric. They have literally used terms such as “kill”. Twitch streamers should similarly be bankrupted for even more violent rhetoric.
Fact of the matter is I am unaware of any case Jones called for this behavior. If you say something and a crowd interprets it differently that is covered by the first amendment. This isn’t a “fire in a theater” situation this is trying to use a relatively unliked character to get your foot in the door for widespread censorship.
It’s good for everyone that this didn’t go through. If you want to persecute someone go directly to the people making the threats and make an example of them. This is already illegal. Jones case was yet another left wing lawfare battle in a long war to establish completely censorship of wrongthink under the banner of “fact checkers” and “misinformation”.
The sandy hook promise people are professional lawfare soldiers. They’ve also found an end around to killing the 2nd amendment - suing gun companies into the ground. Much like BLM we aren’t allowed to ask any questions about it.
Also he certainly may have won the defamation cases against him. Too bad he totally made a joke of the process which led to the default judgement. Maybe he thought providing the discovery info was worse?
Listen to his depositions yourself if you don't believe me. Jones is a sociopath.
Before calling something impossible, consider the bare minimum effort to skim the linked article, or read any article on this subject. It is in fact quite trivial and provable.
How does one identify the “first mover”? How does one identify the integrity of the “calls”? What if the calls are a single caller represented separately? What if the calls are falsely represented by motive?
What if I, in fact, have today received 400 calls on the matter you have stated? Am I eligible to sue you?
Example lines of inquiry: How does one identify the “first mover”? How does one identify the integrity of the “calls”? What if the calls are a single caller represented separately? What if the calls are falsely represented by motive?
It's horrifying to me that when people don't like a defendant they're willing to justify almost any reduction of that person's rights in an effort to see them "punished."
> you can and should be punished.
This is a civil case. Why should he be "punished?" Shouldn't he just have to pay a settlement? Why is a billion dollars a reasonable penalty for his actions? Why must he necessarily sell his platform when the platform will make the most money staying in Jones' control? Why is it important to the victims in this case to ensure that a specific owner controls these assets?
> I’m reminded of the Twitter engineer who said
Okay, does that have any bearing on this particular case, or it's details?
It’s fascinating (and worrying) how the people who cry the loudest about the first amendment are the ones who least understand it. The right to free speech doesn’t mean you can say literally anything without consequences. If you’re a deliberate liar who provably lies to profit and harm others, you can and should be punished.
I’m reminded of the Twitter engineer who said “Twitter wants to censor bullying and harassment, and the idea of free speech is that you can bully and harass people”. No dude, not it’s not.
https://en.wikipedia.org/wiki/United_States_free_speech_exce...