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  1. #1

    Default Re: Big City Radio Personality Stepped Over the Line

    lol. Sorry. Well I guess, for now, the situation is kind of volatile. The mutual friend of my friend and her sister reportedly told the radio personality that she was tired of her constantly and unflinchingly battering her sister on the radio so she took it upon herself to tell my friend this was happening. Since then, my friend's sister (the radio personality) has been almost ceaselessly sending threatening text messages to my friend; I guess in an attempt to scare her. I suppose my question is could my friend sue the radio station or her sister (the radio personality) for defamation/slander? This was live drive-time radio. Many who live in the area know her and her family and even if they don't, it wouldn't take much to connect the dots. That, along with the recent threats, have my friend extremely upset. I'm urging calm but I think she is motivated to take legal action against the radio station and her sister.

  2. #2
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    Default Re: Big City Radio Personality Stepped Over the Line

    A defamation suit would be near impossible based on the post. Phrases such as "white trash" are purely opinion and have no factual basis. As an opinion it is protected. The defendant could very easily defend the position as an opinion piece unless there were untrue factual claims such as the person is a sex offender.

    Even then, the afflicted party must show actual damages in order to recover. The fact that it made her feel bad is not enough. She would need to show that she lost business, or incurred other expenses directly related to the broadcast...which we know she didn't because she wasn't even aware of them.

  3. #3

    Default Re: Big City Radio Personality Stepped Over the Line

    So, then, one could go on the radio as a regular daily personality and say whatever they wanted about a private citizen and then threaten to do it again, continue to do this without any threat of recourse from a private citizen, do it maliciously (as is illustrated in the threatening text messages from this radio personality), and nothing can be done? This friend does suffer from a diagnosed mental condition and these events have caused them to spiral downward pretty severely.

  4. #4
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    Default Re: Big City Radio Personality Stepped Over the Line

    So, then, one could go on the radio as a regular daily personality and say whatever they wanted about a private citizen and then threaten to do it again, continue to do this without any threat of recourse from a private citizen, do it maliciously (as is illustrated in the threatening text messages from this radio personality), and nothing can be done?
    So, I guess you've never heard of Rush Limbaugh?

  5. #5

    Default Re: Big City Radio Personality Stepped Over the Line

    Ah but Ms. Fluke was and is a public figure as she is a professional activist. Limbaugh can defend himself by claiming the use of satire if nothing else. This is a private citizen being bullied and harassed by a public figure in front of approximately 400,000 people (according to their Arbitron ratings) over the course of several months.

  6. #6
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    Default Re: Big City Radio Personality Stepped Over the Line

    Quote Quoting LawResearcherMissy
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    So, I guess you've never heard of Rush Limbaugh?
    actually, that makes it more likely that it is seen as defamation. It makes it much more likely the victim to be damaged. If I say something, nobody cares. If a big radio personality says something, everybody believes it.

    certifiably insane: unless it is true, it is defamatory. In fact, it is defamation per se which does not require a party to prove injury to win. The injury is intrinsic in the statement. Indiana is one of the states that accepts such a statement as defamation per se.

    white trash; given the position of the speaker, quite likely to cause damage. Claiming opinion is not a defense here unless the statement was very carefully worded to make it clear it was only the speakers opinion.


    an embarrassment to their family: unless the injured party's family will testify they are embarrassed, it is defamatory.



    and even larger problem is the fact the statements were made with malice. That is an element only required when the speaker defames a people of public concern yet it is present in these statements.

    Quote Quoting gedwardmusic
    View Post
    Ah but Ms. Fluke was and is a public figure as she is a professional activist. Limbaugh can defend himself by claiming the use of satire if nothing else. This is a private citizen being bullied and harassed by a public figure in front of approximately 400,000 people (according to their Arbitron ratings) over the course of several months.

    actually he can't but the problem: for it to be defamation when dealing with public figures; it must be shown the statement was made with malice.

  7. #7

    Default Re: Big City Radio Personality Stepped Over the Line

    Quote Quoting jk
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    actually, that makes it more likely that it is seen as defamation. It makes it much more likely the victim to be damaged. If I say something, nobody cares. If a big radio personality says something, everybody believes it.

    certifiably insane: unless it is true, it is defamatory. In fact, it is defamation per se which does not require a party to prove injury to win. The injury is intrinsic in the statement. Indiana is one of the states that accepts such a statement as defamation per se.

    white trash; given the position of the speaker, quite likely to cause damage. Claiming opinion is not a defense here unless the statement was very carefully worded to make it clear it was only the speakers opinion.


    an embarrassment to their family: unless the injured party's family will testify they are embarrassed, it is defamatory.



    and even larger problem is the fact the statements were made with malice. That is an element only required when the speaker defames a people of public concern yet it is present in these statements.




    actually he can't but the problem: for it to be defamation when dealing with public figures; it must be shown the statement was made with malice.
    That's sort of my point here. Big radio personalities, at least those I've cared to listen to, don't make it a habit of berating someone (a private citizen) on their programs. They'll browbeat a public figure to a point, of course. But when a radio host takes it upon themselves to deride someone incessantly and then follows those programs up with threatening text messages to that citizen, it seems like there's a line that has been crossed. Rush may be abrasive, but I don't think he would be fool enough to do that. So, all things considered, if it's not both slander and harassment with malice, it certainly seems to be harassment at the very least.

  8. #8
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    Default Re: Big City Radio Personality Stepped Over the Line

    Unless the radio host strays into providing factually false information, she is protected by the First Amendment. If the person is that affected, then he/she needs to stop listening to the broadcast.

    One tactic that may help is sending a letter to the radio station. State that the broadcasts of the radio host are inflammatory and will be closely monitored in the future for defammatory language. If such language is noted then the defamed individual will hold the radio station jointly responsible for any legal actions. The station may talk to the host for fear of legal actions. It's not a guarantee but worth a try.

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