Say Hello To New Owner of Herald: Bob Kraft

Discussion in ' - Patriots Fan Forum' started by BigMike, Apr 3, 2008.

Thread Status:
Not open for further replies.
  1. BigMike

    BigMike Supporter Supporter

    Pat Purcell, your ass is about to be sued to oblivion. Kraft, please fire the two inside track "gals"

    Matt Walsh has no money, but Tomase's employer, Herald has a few bux left. All Patriots, All the Time, the New herald! LOL
    Last edited: Apr 3, 2008
  2. Tunescribe

    Tunescribe Supporter Supporter

    #61 Jersey

    They could rename it the Patriot-Herald. That would be pretty cool to have the Pats on the front page every day, especially during baseball season.
  3. pats1

    pats1 Moderator Supporter

    You're not kidding, either. Be ready for Kraft to take a 12-gauge to the Herald.
  4. cavtroop

    cavtroop In the Starting Line-Up

    #87 Jersey

    What the heck are you talking about?
  5. BigMike

    BigMike Supporter Supporter

    Purcell must have Rupert on line 1 asking for political cover - Krafty is buds with Sandy Weil, Bush 41, etc......look out Herald!
  6. pats1

    pats1 Moderator Supporter

    It's becoming more apparent that Walsh ain't got jack. Most are now saying Kraft will sue the Herald into never-never land.
  7. cavtroop

    cavtroop In the Starting Line-Up

    #87 Jersey

    Ah, gotcha, just finished reading that other thread. This post probably belongs over there :)

    Good for the Pats - I hope they sue the crap out of the Hearald. They won't though, they don't want to alienate the 'media' any more, I'm sure.

    At the very least, the Herald should release Tomasse. Zero journalistic integrity.
  8. Wildo7

    Wildo7 Totally Full of It

    Can I ask what they would sue the herald for? While I deplore Tomase and the like I don't think they libeled anybody, certainly not in a way that could recover damages in court. Writing about "rumors of a taped walkthrough" isn't saying there is a tape out there. It's saying that there are rumors, which was true, even if the rumors were bullshyte, which they were.

    If they were going to sue they would have already. If they sue now what is their reason for waiting? Did they want to wait and see if the allegations were true? That doesn't look very good.

    I'd be willing to bet anyone here that the Herald will not be sued.
    Last edited: Apr 3, 2008
  9. pats1

    pats1 Moderator Supporter

    The article didn't say "rumors have it," nor did it say that there was any tapes (at least the archived part, I can't remember the rest).

    The article specifically said "According to a source, a member of the team’s video department filmed the Rams’ final walkthrough before that 2002 game."

    Even Kraft called it "a damaging allegation by a newspaper."
  10. Wildo7

    Wildo7 Totally Full of It

    But unfortunately, the "according to one source" is a key phrase, as the Herald could claim they were lied to and that wouldn't be libel unfortunately. There's also a fairly large precedent set that allows journalists to protect their sources, so they would never be forced to reveal the source. Not to mention that if they were going to sue them why wouldn't they have already?
    Last edited: Apr 3, 2008
  11. fgssand

    fgssand Supporter Supporter

    #12 Jersey

    Of course, other than Mike Reiss and a few others...the Globe sucks too....
  12. RayClay

    RayClay Hall of Fame Poster

    #75 Jersey

    I agree. Seemed to be plenty of sources including ESPN, if I'm not mistaken.
  13. ctpatsfan77

    ctpatsfan77 Supporter Supporter

    #3 Jersey

    IANAL, but I quote Wikipedia here: "Under United States law, libel generally requires five key elements:
    • The plaintiff must prove that the information was published. Check.
    • The plaintiff was directly or indirectly identified. Check.
    • The remarks were defamatory towards the plaintiff's reputation. Check.
    • The published information is false. Apparently--Check.
    • The defendant is at fault. This is the only remaining question.

    Since the Pats are public figures, they would have to show that the Herald published with reckless disregard for the truth--basically, that either the Herald knew the information was cr*p, or that they had reason to believe it was false, and went ahead and printed it anyways.

    As for why they haven't sued already--they're probably working on that last point.
  14. Wildo7

    Wildo7 Totally Full of It

    Thta' the point though. It's incredibly hard to prove they knew that and the "information" we are talking about isn't that "there was a tape out there" it's that "according to one source there is a tape out there." These are semantical differences that mean a world of difference in a court of law.
  15. Patriotic Fervor

    Patriotic Fervor Rotational Player and Threatening Starter's Job

    Newspapers have editorial boards that are supposed to insure that if stuff like this gets into print, it's vetted beforehand. That apparently did not happen in this case.

    Sure, we're in the era of loose (I daresay, very loose!) journalistic standards, but laws pertaining to libel (and slander) are still there on the books, still enforceable, and still able to wreak havoc on those who, wittingly or unwittingly, have crossed the threshold.

    Because of this incredibly sloppy editorial "oversight", we can begin to see movement into that gray, dangerous area known as "malice aforethought", an area whose arcane cant and recondite passageways instill a good deal of angst in even the most battle tested attorneys representing the publishing field.

    The problem for Thomase, and by extension the Herald, is that what he did, what he said, was done under the rubric of professional journalist, working for a major metropolitan newspaper.

    Had he written a post about that rumor/allegation on, say, this board (just an example - any board would really do) under the name of Heywood Jablomi, nobody would have taken notice, and it's content (and intent!) would have been forgotten and lost instantly.

    But instead, while acting like a blogger, he lent his name, his profession, and his employer to this perversion so as to enhance it's credibility with the general public. This was done not to further the public discourse, but to deliberately slander the object of his "column" with a loud but unverifiable j'accuse!, coupled with unmistakable timing so as to maximize the import of the damaging allegations while giving the ball club virtually no time or chance to respond effectively on the eve of the team's biggest game.

    Because Thomase did this thing in a professional capacity, his obvious disregard for factual accuracy in that capacity exposes him (and his employer) to charges of wanton recklessness, which gives rise to the term "malice aforethought".

    Further complicating matters for the Herald is the fact that they have done nothing about him, the article, the rumor itself, or the people associated with the story in any manner, the implication being the paper views this whole episode as acceptable journalism.

    The problem for the Herald is, will the courts take that view, too?

    We shall see.
    • Like Like x 1
  16. flasox27

    flasox27 Rotational Player and Threatening Starter's Job

    #54 Jersey

    I am sure Kraft can afford very good attorneys who willdo what ever they can at the appropriate time. Payback is coming. :rocker:
  17. bresna

    bresna Supporter Supporter

    According to Tomase in his weekly Loren & Wally chat the week following the article, his editors made him go out and get this story after it was broken in the New York Times. He said he would not publish it until he got the source to verify the allegation. If this goes to court, and I doubt it does, the source would have to be ferreted out. No easy thing.
  18. pats1

    pats1 Moderator Supporter

    Not until they know what Walsh has.
  19. pats1

    pats1 Moderator Supporter

    You can't just go blaming it on the source. It's Tomase and the paper's job to ensure their sources are accurate.
  20. ScottieC

    ScottieC In the Starting Line-Up

    Sure it is, he's sued and has to reveal WHO is the source that told him the info, if he does not reveal the source he goes to jail for Contempt of Court.

    Bottom line is people are responsible for their actions, TomASSe is no excpetion, he either backs his story up and proves the truth OR his ass (i.e. His Employer) pays dearly.

    I understand all the legal wrangling, but in the end it's a pretty simple case - Prove your liabous article to be true.
    Last edited: Apr 4, 2008
Thread Status:
Not open for further replies.

Share This Page