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Old 11-09-2007, 07:21 AM   #1
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Default What Are the Libel Laws in Indiana?

http://www.indystar.com/apps/pbcs.dl...4/COLUMNISTS01

Old, washed-up coach.
That must be what it says because that's what Patriots linebacker Mike Vrabel called Shula the other day. Shula drew Vrabel's ire after the former Colts and Dolphins coach had the audacity to say what many NFL coaches and players think:
That whatever this year's Patriots accomplish -- a perfect season, a Super Bowl, whatever -- it will be accompanied by an asterisk because they stole opponents' signals.
Maybe not an actual asterisk, as in "*hey, they cheated,'' but a mental asterisk, an implied asterisk, one that you know belongs there without actually being there.
Vrabel, when asked about Shula's opinion, could have shown a modicum of respect and simply said he disagreed with Shula. Instead, he dismissed the former coach's views and called Shula an "old, washed-up coach.''
_______________

Vrabel never called him that. Kravitz is putting it in quotes that Vrabel used those words on Shula.
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Old 11-09-2007, 07:24 AM   #2
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Default Re: What Are the Libel Laws in Indiana?

Quote:
Originally Posted by shmessy View Post
http://www.indystar.com/apps/pbcs.dl...4/COLUMNISTS01

Old, washed-up coach.
That must be what it says because that's what Patriots linebacker Mike Vrabel called Shula the other day. Shula drew Vrabel's ire after the former Colts and Dolphins coach had the audacity to say what many NFL coaches and players think:
That whatever this year's Patriots accomplish -- a perfect season, a Super Bowl, whatever -- it will be accompanied by an asterisk because they stole opponents' signals.
Maybe not an actual asterisk, as in "*hey, they cheated,'' but a mental asterisk, an implied asterisk, one that you know belongs there without actually being there.
Vrabel, when asked about Shula's opinion, could have shown a modicum of respect and simply said he disagreed with Shula. Instead, he dismissed the former coach's views and called Shula an "old, washed-up coach.''
_______________

Vrabel never called him that. Kravitz is putting it in quotes that Vrabel used those words on Shula.
You cannot base a libel suit on an opinion - simple as that. Libel suits can only be based on false statements of fact.
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Old 11-09-2007, 07:26 AM   #3
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Default Re: What Are the Libel Laws in Indiana?

Glad to see the media can misquote as always. He called him an old coach. He said the players were washed up. But who cares, another day another dig. What else is new? Lots and lots of jealousy because by the time this season's over the Patriots will have re-written most of the record books.
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Old 11-09-2007, 07:30 AM   #4
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Default Re: What Are the Libel Laws in Indiana?

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Originally Posted by WWJDD View Post
You cannot base a libel suit on an opinion - simple as that. Libel suits can only be based on false statements of fact.
Exactly. Kravitz wasn't stating an opinion. (read the column)

He stated that Vrabel called Shula "a washed up old coach". He put it in quotations. Vrabel never said such a thing. He called the PLAYERS "washed up old players".

Black and white libel.
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Old 11-09-2007, 07:35 AM   #5
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Default Re: What Are the Libel Laws in Indiana?

Quote:
Originally Posted by shmessy View Post
http://www.indystar.com/apps/pbcs.dl...4/COLUMNISTS01

Old, washed-up coach.
That must be what it says because that's what Patriots linebacker Mike Vrabel called Shula the other day. Shula drew Vrabel's ire after the former Colts and Dolphins coach had the audacity to say what many NFL coaches and players think:
That whatever this year's Patriots accomplish -- a perfect season, a Super Bowl, whatever -- it will be accompanied by an asterisk because they stole opponents' signals.
Maybe not an actual asterisk, as in "*hey, they cheated,'' but a mental asterisk, an implied asterisk, one that you know belongs there without actually being there.
Vrabel, when asked about Shula's opinion, could have shown a modicum of respect and simply said he disagreed with Shula. Instead, he dismissed the former coach's views and called Shula an "old, washed-up coach.''
_______________

Vrabel never called him that. Kravitz is putting it in quotes that Vrabel used those words on Shula.
Vrabel was misquoted, he called the Dolphins players old and washed up, not Shula. To claim libel he'd have to build a case for being deliberately misquoted ("malice of forethought"). Kravitz can, and should, absolve himself by having a correction printed.
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Old 11-09-2007, 07:35 AM   #6
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Default Re: What Are the Libel Laws in Indiana?

Quote:
Originally Posted by shmessy View Post
Exactly. Kravitz wasn't stating an opinion. (read the column) He put it in quotations.


If you put it in quotes, you are, by definition, attributing those words to that person. At that point, it's a matter of fact.
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Old 11-09-2007, 07:41 AM   #7
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Default Re: What Are the Libel Laws in Indiana?

Where did WWJDD go?
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Old 11-09-2007, 07:42 AM   #8
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Default Re: What Are the Libel Laws in Indiana?

Quote:
Originally Posted by shmessy View Post
Exactly. Kravitz wasn't stating an opinion. (read the column)

He stated that Vrabel called Shula "a washed up old coach". He put it in quotations. Vrabel never said such a thing. He called the PLAYERS "washed up old players".

Black and white libel.
Naw, just a misquote. Libel has some seriously stringent requirements. The statements have to destroy the person's good standing in the community. I don't think that particular misquote comes even close.

A libelous statment would be something along the lines of "So and so cheats on his taxes and stole money from charity." And it has to do damage to the person's reputation in the community.

What Easterbroo did with Belichick was way closer, except it was fuzzy whether or not it was his "opinion" and Belichick is a pretty well known public figure. Both of those things weaken a case for libel.
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Old 11-09-2007, 07:47 AM   #9
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Default Re: What Are the Libel Laws in Indiana?

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Originally Posted by Bella*chick View Post
Naw, just a misquote. Libel has some seriously stringent requirements. The statements have to destroy the person's good standing in the community. I don't think that particular misquote comes even close.

A libelous statment would be something along the lines of "So and so cheats on his taxes and stole money from charity." And it has to do damage to the person's reputation in the community.

What Easterbroo did with Belichick was way closer, except it was fuzzy whether or not it was his "opinion" and Belichick is a pretty well known public figure. Both of those things weaken a case for libel.

If the misquote is not corrected by Kravitz or his newspaper after it has been pointed out to them, it is considered a deliberate falsification. That IS a basis for a libel suit.

Further, the misquote was used as the BASIS for the Kravitz column. It was the central point of it. If it's a mistake, then they have to correct it. If it is deliberate and they don't issue a correction, then Vrabel has them dead to right.
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Old 11-09-2007, 07:53 AM   #10
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Default Re: What Are the Libel Laws in Indiana?

Quote:
Originally Posted by WWJDD View Post
You cannot base a libel suit on an opinion - simple as that. Libel suits can only be based on false statements of fact.
You misunderstand. The alleged libel is the Indy sportswriter saying that Vrabel said those things.
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