Detournement Posted April 17, 2019 Share Posted April 17, 2019 You can't go to court claiming £25,000, get £0 then claim it as a win. 5 Quote Link to comment Share on other sites More sharing options...
Ross. Posted April 17, 2019 Share Posted April 17, 2019 1 minute ago, welshbairn said: She clearly won the case, but sounds like each side will have to cover their own legal costs, so both lose. It was a frivolous case that Campbell would never have pursued if his fan club weren't paying for it. I disagree that she clearly won it. The judge states explicitly that he isn't homophobic, which seems to have been the main thing he was challenging. The claim for damages going in her favour, along with the fair comment bit gives her something to hold on to. All fairly irrelevant though, he is still a grade A weapon, and she is still up there as a poster girl for the failure of Labour in Scotland. 0 Quote Link to comment Share on other sites More sharing options...
Detournement Posted April 17, 2019 Share Posted April 17, 2019 (edited) Also reading the comments the Sheriff (unsuprisingly) seems to have a very Yer Da outlook on this. You apparently can't be homophobic if you have previously demonstrated a belief in equality for gay people? Edited April 17, 2019 by Detournement 1 Quote Link to comment Share on other sites More sharing options...
Ross. Posted April 17, 2019 Share Posted April 17, 2019 2 minutes ago, Detournement said: You can't go to court claiming £25,000, get £0 then claim it as a win. Well, you can if there was more to it than just the £25k, and the judge agreed with the you on the rest. 0 Quote Link to comment Share on other sites More sharing options...
renton Posted April 17, 2019 Share Posted April 17, 2019 9 minutes ago, welshbairn said: I thought he was saying that a reasonable person could interpret the tweet as homophobic even if it wasn't intended to be. Yeah, maybe. On the other hand he clearly states the comments were defamatory. That's what I'm struggling to square in my head (not a lawyer, obviously). Her right to believe something vs. his right not to be harmed by that belief? Like it seems to pivot on a subjective standard to some degree, rather than an objective truth as to whether or not the comment was or wasn't homophobic. If it was homophobic then it's fair comment, if it wasn't then it's defamation. This ruling seems to suggest you can have a grey area where someone can be damaged by comments that are incorrect but not to receive recompense so long as the person making the comments can demonstrate that those comments were made in a spirit of honest conviction? Believing your right as a legitimate defence for being wrong? I get that it'd be a mitigating factor, but not an exoneration surely? Or is the fact there was no tangible damage to Campbell suffcient to stay in that grey area rather than come down definitively one way or the other? 2 Quote Link to comment Share on other sites More sharing options...
BawWatchin Posted April 17, 2019 Share Posted April 17, 2019 No sure what people are struggling to understand here. Just because somebody is "offended" by what you say, doesn't take away your right to say it. If it did, we wouldn't be able to say anything about anything, because somebody is always "offended" regardless of what you say. Speech is always a gray area, because regardless of what comes out of your mouth, it can never be proven that your own interpretation of what you said matches the interpretation of the person who is "offended". 0 Quote Link to comment Share on other sites More sharing options...
Kuro Posted April 17, 2019 Share Posted April 17, 2019 The.judge ruled.his.comments were not homophobic and her comments were incorrect and defamatory but not illegal. That's the crux of it. 0 Quote Link to comment Share on other sites More sharing options...
Detournement Posted April 17, 2019 Share Posted April 17, 2019 0 Quote Link to comment Share on other sites More sharing options...
ICTChris Posted April 17, 2019 Share Posted April 17, 2019 Legal eagles can correct me but I think what the sheriff said was that if you make a comment that can be backed up then you shouldn't suffer legal consequences, even if it's judged as not true. I think that's pretty important. 1 Quote Link to comment Share on other sites More sharing options...
Kuro Posted April 17, 2019 Share Posted April 17, 2019 (edited) 8 minutes ago, ICTChris said: Legal eagles can correct me but I think what the sheriff said was that if you make a comment that can be backed up then you shouldn't suffer legal consequences, even if it's judged as not true. I think that's pretty important. Also to label someone a homophobe in a national newspaper even if they're not apparently. just like Carmichael what it comes down to is it's okay to lie about and smear someone as long as they support Scottish independence. Edited April 17, 2019 by Kuro 0 Quote Link to comment Share on other sites More sharing options...
Kuro Posted April 17, 2019 Share Posted April 17, 2019 1 minute ago, MixuFixit said: She didn't do this The judge ruled her comments were defamatory and incorrect. 0 Quote Link to comment Share on other sites More sharing options...
Kuro Posted April 17, 2019 Share Posted April 17, 2019 4 minutes ago, MixuFixit said: She didn't call him a homophobe She said his comment was homophobic it's the same thing, she backtracked on that in court because that's illegal. If I say you made racist comments I'm calling you a racist. 0 Quote Link to comment Share on other sites More sharing options...
Mastermind Posted April 17, 2019 Share Posted April 17, 2019 Also to label someone a homophobe in a national newspaper even if they're not apparently. just like Carmichael what it comes down to is it's okay to lie about and smear someone as long as they support Scottish independence.[emoji23][emoji23][emoji23] what a mess -1 Quote Link to comment Share on other sites More sharing options...
Detournement Posted April 17, 2019 Share Posted April 17, 2019 3 minutes ago, Kuro said: She said his comment was homophobic it's the same thing, she backtracked on that in court because that's illegal. If I say you made racist comments I'm calling you a racist. Gay people can be homophobic. Black people can be racist against black people (see Candance Owens or Bill Cosby). The Sheriff here seems to be operating from the extremely stupid position that homophobia is a fixed condition that can be diagnosed in an individual rather than a definition of prejudice that is applied to actions. 0 Quote Link to comment Share on other sites More sharing options...
welshbairn Posted April 17, 2019 Share Posted April 17, 2019 0 Quote Link to comment Share on other sites More sharing options...
Kuro Posted April 17, 2019 Share Posted April 17, 2019 1 minute ago, Detournement said: Gay people can be homophobic. Black people can be racist against black people (see Candance Owens or Bill Cosby). The Sheriff here seems to be operating from the extremely stupid position that homophobia is a fixed condition that can be diagnosed in an individual rather than a definition of prejudice that is applied to actions Perhaps, but he's correct WOS demonstrated zero homophobia at all. 0 Quote Link to comment Share on other sites More sharing options...
BawWatchin Posted April 17, 2019 Share Posted April 17, 2019 13 minutes ago, Mastermind said: what a mess Is that what your reflection tells you? 0 Quote Link to comment Share on other sites More sharing options...
DeeTillEhDeh Posted April 17, 2019 Share Posted April 17, 2019 I assume that this could still trundle on for a while yet if she is pursuing costs? 0 Quote Link to comment Share on other sites More sharing options...
Detournement Posted April 17, 2019 Share Posted April 17, 2019 I don't fear, dislike or hate homosexuals/Pakistanis/Jews I just don't want one living next door. Between that summing up and Campbell's lawyer arguing you can say going for a chinky without being racist the Edinburgh legal establishment looks very, very Gammon. -1 Quote Link to comment Share on other sites More sharing options...
welshbairn Posted April 17, 2019 Share Posted April 17, 2019 Bit of a telt to Wings here. 0 Quote Link to comment Share on other sites More sharing options...
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