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Oh Kez!!!


John Lambies Doos

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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.

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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.

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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?

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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".

 

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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.  

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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 by Kuro
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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.

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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
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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.

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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.

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