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IS OLIVER STONE'S NEW FILM ON BUSH A STUDY IN LIBEL?
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Tue Apr 01, 2008 8:00 pm    Post subject: Reply with quote

Was there something I missed in the OP? What is libelous?

Hellooooooooooo, Kuros. Is there anything actionable in the information provided? Better yet: those who think there is something actionable, post it. Then we can ask Kuros to do some pro bono work and tell us if you have a case.
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Gopher



Joined: 04 Jun 2005

PostPosted: Tue Apr 01, 2008 8:12 pm    Post subject: Reply with quote

Govt officials have litigated over defamatory films and books before.

Quote:
Nathaniel Davis, the former United States Ambassador to Chile, and two other former American officials there filed a $60 million libel suit against the makers of the critically acclaimed film ''Missing'' today in Federal District Court in Alexandria, Va. The lawsuit said the film and the book on which...


New York Times Abstract
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Adventurer



Joined: 28 Jan 2006

PostPosted: Tue Apr 01, 2008 8:53 pm    Post subject: Reply with quote

On the other hand wrote:
Yeah, Nixon wasn't at all the demonography that one might have expected. It's actually quite honest about the liberal aspects of Nixon's agenda, especially when he's counterpoised against the far right.


Frankly, I would rather have had Nixon in 2000 than George Bush anyday. Nixon had his problems, I will admit, but he wasn't as corrupt as Bush. Watergate was nothing compared to the shenanigans of this administration with the war and the like. Nixon did nothing compared to what Bush did, and his foreign policy wasn't bad.
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Gopher



Joined: 04 Jun 2005

PostPosted: Tue Apr 01, 2008 9:13 pm    Post subject: Reply with quote

Adventurer wrote:
Frankly, I would rather have had Nixon in 2000 than George Bush anyday. Nixon had his problems, I will admit, but he wasn't as corrupt as Bush. Watergate was nothing compared to the shenanigans of this administration with the war and the like. Nixon did nothing compared to what Bush did, and his foreign policy wasn't bad.


Are you sure about that? While China would be analogous with Iran, Cambodia and Laos's analogy, for example, would be Pakistan. And perhaps Syria, too.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Wed Apr 02, 2008 2:20 am    Post subject: Reply with quote

Quote:
Frankly, I would rather have had Nixon in 2000 than George Bush anyday.


Shocked Shocked Shocked
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Kuros



Joined: 27 Apr 2004

PostPosted: Wed Apr 02, 2008 8:03 am    Post subject: Reply with quote

Ya-ta Boy wrote:
Was there something I missed in the OP? What is libelous?

Hellooooooooooo, Kuros. Is there anything actionable in the information provided? Better yet: those who think there is something actionable, post it. Then we can ask Kuros to do some pro bono work and tell us if you have a case.


*sigh*

Here're the elements of Defamation:

a) Spoken/written words
b) that are False
c) Said recklessly / or with knowledge of falsity
d) To 3rd party
e) Resulting in damages


But, George W. Bush is a public official, so there are special rules. All public criticism concerning his fitness for office is all good. I'm not sure if the public license for such criticism abates with Bush's office, but notice that Oliver Stone would have to know the depictions were false, or at least have depicted Bush as such without any care as to whether the characterizations were false or not.

There may be First Amendment considerations protecting Oliver Stone as well, but Con Law is 2nd year for us.

Also, in order to collect damages, damages must be proven. It would be tough to quantify damages in the eyes of the general public.

All in all, I doubt this meets the standard of libel.
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stevemcgarrett



Joined: 24 Mar 2006

PostPosted: Wed Apr 02, 2008 8:31 am    Post subject: Reply with quote

All posts thus far appreciated (except of course the usual lame one from Ms. I-Got-a-Guitar) but no time to respond in kind for a couple of days other than to say that two of the scenes scripted for the film (it hasn't been made yet, Kuros) recall profanity-laden remarks which have been denied by those at whom they were supposedly directed. (More on that later, too).

Nixon's foreign policy in many arenas was brilliant; but that's another thread altogether.
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