|
August 21, 2009
Oliver Stone is a skinky, skanky, skunk who rides sidesaddle!
I know it's not nice to insult people, and I try to be nice. Nor is it logical to engage in ad hominem rhetoric or stereotype people, and I try to be logical. I'm not always successful at living up to these standards, though. Sometimes I feel like letting loose, and usually I check myself. I was all set to unload on Oliver Stone, and I started a post the other day in which I exclaimed, what a pompous, self important ass!Not a nice thing to say about Oliver Stone, even though I was provoked. By this: Oliver Stone is making his most ambitious stab at American history yet.I can only imagine what "secrets" he'll unveil in his ongoing quest to present conspiracy theories as history. Will he reveal that J. Edgar Hoover thought FDR's plan to intern Japanese Americans was unconstitutional as well as unnecessary? How about the fact that HUAC was dominated not by Joe McCarthy and the Republicans, but by Democrats? That the Ku Klux Klan was founded as a terrorist arm of the Democratic Party? I doubt it. Where it comes to tidbits like those, I'd be willing to bet that Oliver Stone is a real secret keeper. But back to my statement that the man is a pompous, self important ass. I would have forgotten all about it (and probably never finished or published this post) had not a very colorful post written by Ace that I linked last night reminded me. Ace criticized MSNBC's Contessa Brewer in language which makes what I said about Stone look ridiculously tame, but which shares in common the negative characterizations of annoying humans by means of anatomical references. Calling a man an asshole is a simple example, as is calling a woman a c*nt. (In common usage, these words are not treated equally, and the former is less offensive than the latter; hence my need to substitute a typographical symbol to which I need not resort in spelling the name "Contessa.") No matter how insulting language becomes, though, insults are considered opinions, and are not legally actionable unless they are specific accusations. Insults and epithets are not normally considered defamatory because they are generally seen as outbursts of emotion, with no real substance except to show intense dislike. A fair critique of a restaurant, movie, TV show, or theater play is also not considered defamatory. However, if the comments or criticism are disparaging enough, they may result in a loss of business or reputation.So, I am legally entitled to my opinion that Oliver Stone is a pompous ass. I could also legally call him a bastard, a son of a outhouse whore, or just a motherf*cker, and because such terms are regarded as insulting (if dirty) language, no reasonable person would consider them statements of fact. To call someone a motherf*cker is not libelous, but to falsely allege actual acts of sexual intercourse between him and his mother would be. Similarly, calling someone a "f*ggot" is not the same thing as saying that he frequents a particular gay bathhouse where he lies on his belly next to a tube of KY lubricant. But again, context is everything. Ace for example, might make such allegation in jest about a total stranger, even a heterosexual one, and his readers would all get the joke. Or I could say that someone I knew "stole" a car -- meaning simply that he got a good deal. Most of the time, if we hear that a guy licked his boss's asshole to get a promotion, we don't interpret that as meaning that he literally engaged in anilingus. Which is all a roundabout way of saying I'm genuinely surprised that a New York court has held that a blogger can slander a model by calling her a "skank" and a "ho." At least that's what the court appears to have done; naturally the Slashdot fans are perplexed. "Skank" and "ho" are simply insulting terms -- expressions that means no more than motherf*cker or bitch. If these are applied (as they seem to have been) to someone who was written up in the newspaper for being in an altercation at a bar, I don't see how they become actionable. Don Imus got in trouble for calling female basketball players "hos," but no one would have reasonably thought he meant to accuse them of prostitution. Interestingly, the more dry and technical the terms are, the more likely they might be seen as defamatory, so "prostitute" would be riskier than "ho" or "skank," and "homosexual" riskier than "f*ggot." Anyway, I've rambled long enough about language, so I better stop before the Ho of Babylon comes to get me (and washes out my foul you-know-what with you-know-what). Hmmm... Is there some rule that biblical skanks have to wear long dresses and ride sidesaddle? Modest girl! (But how will she factor into Oliver Stone's ambitious stab?) MORE: Ann Althouse explains why the lawsuit by the model against the blogger is abusive of process: The key is for courts to have a high standard in determining whether there really is defamation before they order that the name be revealed. Otherwise, someone who has not actually suffered a legally remediable injury can use a lawsuit for the wrong purpose: to inflict the injury of making a pseudonymous writer's name public.Via Glenn Reynolds, who adds that but for the lawsuit, he never would have heard the words "Liskula Cohen" and "skank" together had it not been for the lawsuit. Nor would I. Nor do I want to again! Especially because Liskula, Cohen & Skank sounds like the name of a law firm. Maybe Liskula, Skank & Cohen would have a better ring. posted by Eric on 08.21.09 at 11:05 AM |
|
August 2009
WORLD-WIDE CALENDAR
Search the Site
E-mail
Classics To Go
Archives
August 2009
July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 May 2002 AB 1634 MBAPBSAAGOP Skepticism See more archives here Old (Blogspot) archives
Recent Entries
At least as dangerous as rope
A Few Words On Market Manias "pour in gunk to make the system lock up then gun the motor until it seizes" But for a villain, the culture might have been lost Carbon Market Frauds The Marijuana Option the sweet innocence of feral children New coincidences from Barry birther territory! A Word For The Sceptics A US Marine Speaks Up
Links
Site Credits
|
|
Calling C*ntessa a c*nt might have been amusing. Or is that too obvious?