RockyTop85
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- Dec 5, 2011
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Jones is liable because he owns and employees people to run and moderate the site, i suppose?
No. Just thought it was relevant to the conversation.
In terms of the case, it’s likely not relevant at all except to the degree the judge changes her behavior because of it, which could go either way. I do think the behavior of his listeners proves the defamatory nature of his content. I also think that their predictable pattern of responses helps establish punitives, if they’re available.
He can argue, as you basically do, that their actions are intervening conduct that caused any of Pozner’s general damages, and I think that’s probably his best argument. Not familiar enough with the nuts and bolts of 1A litigation to have an opinion about whether that’s likely to succeed.