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Old 10-19-2018, 12:11 AM   #151
ChrisV
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Re: Podcasts

Yeah I mean it's obviously just a nuisance lawsuit, at least inasmuch as it pertains to Menaker.
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Old 10-19-2018, 10:19 AM   #152
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Re: Podcasts

I think the lawyers are the same ones Thiel used to take down Gawker.

Hopefully anti slapp laws apply and Miller gets stuck with attorney's fees.
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Old 10-19-2018, 10:21 AM   #153
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I mean, Larry Flynt won 8-0 at SCOTUS against Jerry Falwell and he said Falwell's first sexual encounter was in an outhouse with his mother. How do these lawsuits keep not getting thrown out immediately?
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Old 10-19-2018, 11:15 AM   #154
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Re: Podcasts

All I know is the f*ck your feelings crowd is awful prickly. Now Arpaio is suing the NYT for defamation

https://www.outsidethebeltway.com/jo...medium=twitter
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Old 10-19-2018, 02:50 PM   #155
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Re: Podcasts

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Originally Posted by Namath12 View Post
I mean, Larry Flynt won 8-0 at SCOTUS against Jerry Falwell and he said Falwell's first sexual encounter was in an outhouse with his mother. How do these lawsuits keep not getting thrown out immediately?
It will be after a summary judgment motion, and good chance Miller will have to pay Menaker's legal fees. We for sure don't want court clerks deciding whether a lawsuit is meritorious at the time it's filed.
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Old 10-19-2018, 05:36 PM   #156
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Re: Podcasts

Well, it may be an anti-slapp motion (which in CA need to be filed within 60 days of when the complaint is served), depending on where the suit is filed. If smart (he's not), Miller will file in a jurisdiction without a SLAPP law.
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Old 10-22-2018, 02:54 AM   #157
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Re: Podcasts

im working on a great podcast so far we have about 10k listeners per episode.
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Old 10-22-2018, 10:23 AM   #158
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im working on a great podcast so far we have about 10k listeners per episode.
What's it called Bryce? Where can we get it?

Is this the one that's got the conservative dude hosting? I remember you posting something a few weeks back about booking guests or something.
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Old 10-22-2018, 06:26 PM   #159
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Re: Podcasts

It’s my cousin who hosts. He wouldn’t describe himself as a republican but openly leans right. He is broad casting live from New York Its only existed for two months but wee doing good.
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Old 10-23-2018, 05:31 PM   #160
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Re: Podcasts

Touting The Neolib Podcast. It is more economics, but they touch on politics quite often.
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Old 10-24-2018, 10:10 AM   #161
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Vox podcast with Ezra and Nate was rock solid, thanks for the recommend
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Old 10-25-2018, 03:02 PM   #162
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Re: Podcasts

Quote:
Originally Posted by gregorio View Post
I'm gonna rule that the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States and the First Amendment protects this type of rhetorical statement.
a bit late to this but

truth is an absolute defense to a defamation claim
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Old 10-27-2018, 11:24 AM   #163
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Re: Podcasts

May have heard about it in this thread, but have been listening to Sh[!]tpost podcast lately. It's a weekly dive into right-wing internet and cultural/political stuff ("that explores the deepest reaches of digital cesspools and regurgitates it to a general audience.") Well done podcast, good host (who helped take down alex jones), and interesting to hear about various topics and the litany of self-owns.
https://soundcloud.com/shtpostpodcast
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Old 10-29-2018, 07:40 PM   #164
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Re: Podcasts

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a bit late to this but

truth is an absolute defense to a defamation claim
Also a bit late to this, but I was reading a few months ago that in America, that's not strictly true (it is in Ireland and in most places AFAIK). I forget the details, but it involved a pretty recent (last ~15 years) case with a guy who got fired for embezzlement or something. Was very surprised to see it. IANAL or even American so obv could be wrong, just repeating something I read.

Also, tried Reel Politik, another entry in the 'Chapo, but British' canon. Gave it three episodes, couldn't get into it. They seem to be obsessed with some MP saying 'milk' and have made it like the central humorous plank in all their content. Came highly recommended and disappointed bitterly.
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Old 10-30-2018, 08:10 AM   #165
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Re: Podcasts

Gonna post this in the Trump thread as well, but Chris Hayes has a new podcast up with a poli sci prof who does leading research on the role of white resentment and racial attitudes in Trump's support. He places the turning point of the "great sort" at Obama's election. Before 2008, less than 50% of non-college white voters knew which party was "more favorable" to minorities. After the election of Obama, uneducated racist whites moved hard to the GOP (and the dems became more pluralistic). I did a lot of reading to try to understand Trump's election, and racists who know little about politics is the most salient factor (there are others, but it's the most significant). https://art19.com/shows/why-is-this-...th-chris-hayes

Also, Maddow just dropped a solid podcast, "The Bag Man." Interestingly, it's a historical podcast focused on Spiro Agnew, Nixon's VP. Most people don't know this (I didn't), but Agnew was something of a proto-Trumpist, and the conceit of the show is how such a person deals with being cornered.
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Old 10-30-2018, 08:15 AM   #166
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Re: Podcasts

Quote:
Originally Posted by All-In Flynn View Post
Also a bit late to this, but I was reading a few months ago that in America, that's not strictly true (it is in Ireland and in most places AFAIK). I forget the details, but it involved a pretty recent (last ~15 years) case with a guy who got fired for embezzlement or something. Was very surprised to see it. IANAL or even American so obv could be wrong, just repeating something I read.
Nah it's an absolute defense unless some random state has an arcane law or something with a tiny exception.

One of the elements of common law defamation is that the statement must be false.
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Old 10-30-2018, 08:22 AM   #167
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Re: Podcasts

There are some narrow "invasion of privacy" type torts that are not defamation. The cases we dealt with in law school, I think, were outing someone as gay who was running for student government with some additional aggravating factors and showing someone being rescued from a bad accident on a TV show, but they are rarely pled, have broad exceptions, and are inapplicable in the vast majority of cases.
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Old 10-30-2018, 02:19 PM   #168
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Re: Podcasts

Gonna give this one more go before tapping out completely, but the one I saw from Austin was at times just mega cringey. BETO salvaged that ep but I doubt he'll be making an appearance here

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Old 10-30-2018, 02:41 PM   #169
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Re: Podcasts

Quote:
Originally Posted by champstark View Post
Nah it's an absolute defense unless some random state has an arcane law or something with a tiny exception.
LOL Massachusetts, I guess.

Quote:
Massachusetts law, however, recognizes a narrow exception to this defense: the truth or falsity of the statement is immaterial, and the libel action may proceed, if the plaintiff can show that the defendant acted with "actual malice" in publishing the statement.
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Old 10-30-2018, 02:51 PM   #170
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Re: Podcasts

But note, from that case:

Quote:
Neither of these arguments withstands close scrutiny. As for Noonan's first argument—that Baitler harbored ill-will toward him and thus acted with actual malice—Noonan has provided us with an incorrect and outdated rendition of Massachusetts law.[7] The Supreme Judicial Court has clearly stated that actual malice in the defamation context "does not mean the defendant's dislike of, hatred of, or ill will toward, the plaintiff." Rotkiewicz v. Sadowsky, 431 Mass. 748, 730 N.E.2d 282, 289 (2000). Instead, the plaintiff establishes actual malice by proving that the defendant knew the allegedly libelous statement was false when it was published, or that the defendant acted with "reckless disregard" for whether it was true or false—that is, the defendant "entertained serious doubts" as to its truth or falsity. McAvoy, 518 N.E.2d at 517-18 (citation and internal quotation marks omitted); accord Murphy, 865 N.E.2d at 752; see also Rotkiewicz, 730 N.E.2d at 289 ("The inquiry is a subjective one as to the defendant's attitude toward the truth or falsity of the statement rather than the defendant's attitude toward the plaintiff." (citing Cantrell v. Forest City Publ'g Co., 419 U.S. 245, 252, 95 S. Ct. 465, 42 L. Ed. 2d 419 (1974))).

Viewing the record in the light most favorable to Noonan and considering this standard, there is no evidence of actual malice on the part of Baitler or any other relevant Staples employee. It was reasonable for Baitler to rely on the findings of the experienced team of investigators that Staples put together for the purpose of auditing Noonan's expense reports. There is simply nothing in the record to suggest that Baitler or another relevant employee believed Noonan not to have contravened the travel and expense policy, or that they sent the e-mail with reckless disregard for whether Noonan contravened the policy. Moreover, since actual malice in Massachusetts does not equate to hatred or ill-will, Rotkiewicz, 730 N.E.2d at 289, Baitler's own personal feelings toward Noonan are inconsequential, and we need not state a view on—or remand for a jury to determine—whether Baitler did indeed dislike Noonan or wish to sabotage his good reputation.
This case is about firing someone by email in a 1500 person email list, which goes somewhat more toward the "publication of private facts" mentioned above.
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Old 10-30-2018, 02:57 PM   #171
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Re: Podcasts

\_(ツ)_/ well there you go.
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Old 11-07-2018, 10:03 PM   #172
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Old 11-07-2018, 10:55 PM   #173
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Re: Podcasts

Quote:
Originally Posted by Namath12 View Post
Gonna give this one more go before tapping out completely, but the one I saw from Austin was at times just mega cringey. BETO salvaged that ep but I doubt he'll be making an appearance here

I lost interest in PSA after a while. Aside from Lovett, they're boring people with no stage presence. I honestly couldn't tell you the difference between the other three. They all have the same establishment Democrat opinions and constantly agree with each other. They have predictable guests and softball questions for them to answer. The live episodes are way too cringey for my tastes. The crowd cheers for nearly every little thing that somebody says. I get way more interesting takes from 2p2 than them.

Got a laugh of CTH's reading episode on Dan Pfeiffer's book. That book was really cringey.
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Old 11-16-2018, 02:12 AM   #174
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Re: Podcasts

With PSA defending a Bush-era Republican working for them (bankrolling them?), I have to figure that they'll be losing some listeners.
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Old 11-16-2018, 03:56 AM   #175
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Re: Podcasts

They put out a tweet saying he was suspended and they're looking into it. PSA did a great job fundraising and activating people and, I think, went 7/8 in their campaign to flip CA districts. Why do liberals always want to throw their side under the bus. It's the literal opposite of what conservatives do.

In other news, as posted in another thread, this new podcast on multilevel marketing is really good. https://www.stitcher.com/podcast/stitcher/the-dream
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