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Hsu's Lawyer Responds to WSJ's Smear Attempt on Hillary and Her Contributors | 46 comments (46 topical)

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I don't see any assertions of "facts" (5.00 / 1) (#5)
by Deconstructionist on Tue Aug 28, 2007 at 12:26:30 PM EST
actually in the article that any of the subjects or the lawyer deny.

  I'd say the Paw's have a reasonable expectation that a follow-up story will give equal billing to their proof the contributions were made with their personal funds and that they were not directly or indirectly reimbursed by Hsu.

  Do they have a reasonable expectation that their making publicly recorded donations to a presidential campaign will not be reported in the public press?

  My only point of possible concernt is whether this is the most suspicious example of possible straw man contributions and whether the FEC reports of all candidates are being equally scrutinized.

 

I haven't denied being considered for Atty Gen (none / 0) (#13)
by eLadinMO on Tue Aug 28, 2007 at 01:53:25 PM EST
...so one could reason, using your logic, that I am suspiciously being considered to replace Gonzales.

Don't hold your breath waiting for that follow-up story, either. No, they can't reasonably expect that public records will remain so. However, expecting fair treatment by a national publication isn't only expected, to some degree it's also protected by specific law. The WSJ apparently rushed this piece out before anybody else could break the non-news story.
 

[ Parent ]

What law (none / 0) (#16)
by Deconstructionist on Tue Aug 28, 2007 at 02:56:07 PM EST
 protects one from the disclosure of facts which cast suspicion on one's public activities?

  Even assuming anyone truly believes that "fairness" can be expected, what is "unfair" about a report that the family members donated a very large amount of money?

   If this was a white family of very modest means  in Texas who suddenly decided to become politically active by donating tens of thousands of dollars in a very short period of time to Tom Delay and it just so happened, purely coincidentally mind you, that the wealthy preacher at the First Assembly of the Holy Rollers for Jesus had previously used their address as a contact point and made his own sizeable donations at the very same times, would you cty fould if the a newspaper published that information?

   I suspect many here would be unrestrained in pointing out all the obvious suspicions.

[ Parent ]

the law is (none / 0) (#29)
by scribe on Tue Aug 28, 2007 at 05:08:12 PM EST
the tort of false light invasion of privacy.  Restatement, 2d, Torts, Sec. 652E:

One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy if:
(a) the false light in which the other was placed would be highliy offensive to a reasonable person, and
(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
It's a close call whether the putative plaintiffs have a case - I would want to speculate one way or the other.

[ Parent ]
Nope (none / 0) (#30)
by Deconstructionist on Tue Aug 28, 2007 at 05:15:02 PM EST
(a) the false light in which the other was placed would be highliy offensive to a reasonable person, and
(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

 Ignoring the fact that all the disclosures are from PUBLIC records, what in the article is false?

  I'll "speculate" that not only do they have no case but they would be incredibly foolish to bring an action requiring them to go under oath and give  depositions, answer interrogatories and produce documents.

   If they think their "privacy" has been invaded now, they have no idea what would be in store for them.


[ Parent ]

Hsu's Lawyer Responds to WSJ's Smear Attempt on Hillary and Her Contributors | 46 comments (46 topical)

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