Phaneuf, Cuthbert, and Lupul seeking damages from TSN & Tweeter

[CGY12]

I live in toronto and heard that rumour from a couple different people a few weeks before the trade deadline. No idea if it is true or not just thought I would share the rumour has been circulating around the city well in advance to the trade deadline.

[pylon]

Originally Posted by Resolute 14

I suspect that most of us have a better idea than you do, actually.

Also, is there any reason why you won't answer my question? You do realize your refusal to address it is only an admission that you painted yourself into a corner you can't get out of, right?

The only reason I keep checking in on this thread is to see how he spins an answer together for your incredibly relevant question.

[Hackey]

Originally Posted by Resolute 14

I suspect that most of us have a better idea than you do, actually.

Also, is there any reason why you won't answer my question? You do realize your refusal to address it is only an admission that you painted yourself into a corner you can't get out of, right?

Your asking a question that kind of seems like apples and oranges.

Dion is a celeb. A public figure. The guy made the tweet to be funny, get a rise out of people, whatever. I don't think he had malicious intent. Probably didn't think it through was just sitting on his couch being an idiot.

You going to someones work and telling them they raped a teenage girl is quite different. First off I don't think anyone would find that funny and it's quite different from the tweet. Second your intent obviously is malicious. Your hoping to smear someones character.

If your a celebrity you can expect these types of things. They sort of come with the territory. I bet every hockey player in the NHL who has a twitter has had idiots tweet them obnoxious things. It's the reason why the majority of people will not take this seriously and realize it's a joke. You going to someones work spreading rumors about them is a little different. It's not something people expect the therefore probably would do damage to them. If Dion never said anything people would have put the focus on TSN for screwing up and it would all be forgotten by now.

[sureLoss]

Originally Posted by CGY12

I live in toronto and heard that rumour from a couple different people a few weeks before the trade deadline. No idea if it is true or not just thought I would share the rumour has been circulating around the city well in advance to the trade deadline.

Hockey players sleeping with teammates wives rumors happen in every city. They usually come to the surface every time the team is doing poorly or there are rumors of troubles in the dressing room or there is a trade that doesn't make sense to the fans.

Almost every time the rumors are just stupid fans trying to rationalize what is going on with the team and are almost certainly false.

[Oling_Roachinen]

Originally Posted by Hackey

Your asking a question that kind of seems like apples and oranges.

Dion is a celeb. A public figure. The guy made the tweet to be funny, get a rise out of people, whatever. I don't think he had malicious intent. Probably didn't think it through was just sitting on his couch being an idiot.

You going to someones work and telling them they raped a teenage girl is quite different. First off I don't think anyone would find that funny and it's quite different from the tweet. Second your intent obviously is malicious. Your hoping to smear someones character.

If your a celebrity you can expect these types of things. They sort of come with the territory. I bet every hockey player in the NHL who has a twitter has had idiots tweet them obnoxious things. It's the reason why the majority of people will not take this seriously and realize it's a joke. You going to someones work spreading rumors about them is a little different. It's not something people expect the therefore probably would do damage to them. If Dion never said anything people would have put the focus on TSN for screwing up and it would all be forgotten by now.

That's a fair argument but Buster has been very clear in his position that freedom of speech is freedom of speech and that our words should not have consequences. He made a small caveat that death threats are off the table, but anything else is fair game.

He's not argued that Phaneuf is a public figure, or really anything about the "defender." Just that the "offender" should be covered by freedom of speech or we lose our liberty.

[Locke]

Originally Posted by northcrunk

Yeah Lupul is having a meltdown for sure. Challenging instagram users to fights and law suits there too.

Wait, what? Is this for real?

I actually feel bad for the guy. He didnt do anything to deserve this.

[CGY12]

Originally Posted by sureLoss

Hockey players sleeping with teammates wives rumors happen in every city. They usually come to the surface every time the team is doing poorly or there are rumors of troubles in the dressing room or there is a trade that doesn't make sense to the fans.

Almost every time the rumors are just stupid fans trying to rationalize what is going on with the team and are almost certainly false.

I don't disagree, just sharing it was circulating around before the guy tweeted it on deadline day.

[Fighting Banana Slug]

Originally Posted by Resolute 14

I suspect that most of us have a better idea than you do, actually.

Also, is there any reason why you won't answer my question? You do realize your refusal to address it is only an admission that you painted yourself into a corner you can't get out of, right?

Not that Buster needs or wants anyone to weigh in for him, I do think your question is a bit of a false equivalent as well. If I remember the question correctly, going to your boss, alleging child molestation is different because 1) the allegation is a criminal matter and I think making that sort of false accusation might itself be a criminal act and 2) I think the presumption is that the boss would then fire you, or it would otherwise affect your employment. I don't think either of those things are true in the Cuthbert situation. Your situation I think is pretty clearly slanderous, and more importantly in my mind, open to pretty easily definable damages.

In either case, no, I wouldn't want either to happen to me, but I don't think they would have the same legal consequences. My 2 cents.

Edit: Didn't see Hackey's response, but I agree with it as well.

[northcrunk]

Originally Posted by Locke

Wait, what? Is this for real?

I actually feel bad for the guy. He didnt do anything to deserve this.

http://deadspin.com/joffrey-lupul-is...ins-1689414231

[Reggie Dunlop]

Originally Posted by Locke

Wait, what? Is this for real?

I actually feel bad for the guy. He didnt do anything to deserve this.

http://www.huffingtonpost.ca/2015/03...n_6801776.html

[afc wimbledon]

Originally Posted by Fighting Banana Slug

Not that Buster needs or wants anyone to weigh in for him, I do think your question is a bit of a false equivalent as well. If I remember the question correctly, going to your boss, alleging child molestation is different because 1) the allegation is a criminal matter and I think making that sort of false accusation might itself be a criminal act and 2) I think the presumption is that the boss would then fire you, or it would otherwise affect your employment. I don't think either of those things are true in the Cuthbert situation. Your situation I think is pretty clearly slanderous, and more importantly in my mind, open to pretty easily definable damages.

In either case, no, I wouldn't want either to happen to me, but I don't think they would have the same legal consequences. My 2 cents.

Edit: Didn't see Hackey's response, but I agree with it as well.

The only way alleging a criminal act makes any difference is if you do it to the cops, then you are wasting their time and that's against the law, there is also the perjury aspect if it gets to trial.

Calling someone a pedophile isn't alleging a criminal act incidentally, being a pedophile isn't illegal, touching kids is.

Cuthbert is an actress, I think any half decent lawyer would argue that alleging she is promiscuous would affect her ability to get some parts, kids movies etc, and so therefore affect her income.

[dammage79]

Well at least Lupul will fight the punks for charity. In a ring. Just to clarify what is actually happening in those tweets.

[CorsiHockeyLeague]

Lupul, apparently, never learned the first rule of internets: do not feed the trolls.

[Resolute 14]

Originally Posted by Hackey

Your asking a question that kind of seems like apples and oranges.

To a reasonable person, absolutely. But, as noted, Buster came in arguing for absolute freedom of speech with zero consequences. He has also said that people should just brush off and ignore the spreading of "salacious gossip".

Buster (I keep wanting to call him "Bluster") came in arguing this as an absolute. Under his stated definition, this is an apples to apples comparison.

The reason Buster won't respond to it is because he knows he can't say "yes, I would be fine with that", but admitting that he would find such a call problematic undermines his entire position. He's trapped himself and is trying to escape by ignoring it.

[Tacopuck]

I saw this when it originally came up on TSN. To me and I'm no lawyer the only one that should be liable for damages is TSN. Yes this @AdragnaA21 twitter user was the source of the tweet, but before this hit all the media rounds the guy had like 100 followers (now he is up to 1853). I could go out on a street and yell what he said and probably get 100 people to hear me, would that make it back to Lupul & co? No it wouldn't. So libel really only becomes libel until it reaches a mass audience where it can actually effect the public perception of the player.

Again I'm not a lawyer and I dont know if there is any precedence for a case like this just my opinion.

[Fighting Banana Slug]

Originally Posted by afc wimbledon

The only way alleging a criminal act makes any difference is if you do it to the cops, then you are wasting their time and that's against the law, there is also the perjury aspect if it gets to trial.

Calling someone a pedophile isn't alleging a criminal act incidentally, being a pedophile isn't illegal, touching kids is.

Cuthbert is an actress, I think any half decent lawyer would argue that alleging she is promiscuous would affect her ability to get some parts, kids movies etc, and so therefore affect her income.

I think you are missing my point. As Hackey indicated earlier, the child molestation allegation (and yes, child molestation is a crime), has a different level of intent, than does "x is sleeping around with Y". The first would almost certainly lead to the police getting involved, the latter not so much. As for the damages to the actress, I suppose it is worth a shot, but I do think it a massive stretch to think that it would affect her ability to land parts. It would be incredibly difficult to prove that the allegation led to a missed part, unless they were just ready to sign the paperwork when the allegation became public. In that case, sure, a lawsuit would make sense.

[dash_pinched]

Joffrey, eat a Snickers.

[sureLoss]

TSN has officially decided to stop airing tweets during live broadcasts:
http://www.winnipegfreepress.com/can...ce=d-top-story

Lawyer for Phaneuf et al says he sent a letter to the Tweeter demanding an apology but hasn't heard back yet.

[Resolute 14]

Good call by TSN there.

[afc wimbledon]

Originally Posted by Fighting Banana Slug

I think you are missing my point. As Hackey indicated earlier, the child molestation allegation (and yes, child molestation is a crime), has a different level of intent, than does "x is sleeping around with Y". The first would almost certainly lead to the police getting involved, the latter not so much. As for the damages to the actress, I suppose it is worth a shot, but I do think it a massive stretch to think that it would affect her ability to land parts. It would be incredibly difficult to prove that the allegation led to a missed part, unless they were just ready to sign the paperwork when the allegation became public. In that case, sure, a lawsuit would make sense.

An act of child molestation is a crime, calling someone a child molester is not alleging a crime, it's alleging a character trait. If I post on twitter that you, or anyone else is a pedo' the police won't get involved, if I post that you were working at a residential school in 1962 and diddled my friend they will, alleging an act is hugely different to alleging a general insult.