Ole Miss getting sued...

Dawgg

Heisman
Sep 9, 2012
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Your friend sounds like me..............
The idea that you get pissed off about something you watched on Fox News before your first cup of coffee and are ready to throw down right wing talking points in any social situation is maybe the least surprising thing I’ve ever read on this board, poster with Tim Walz as his avatar almost a full year after the election.
 

johnson86-1

All-Conference
Aug 22, 2012
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You think her attorney was trying to submarine her case? I don't think that's accurate at all. I think her attorney agrees with the sentiment of the post she shared, or at least that's how it reads to me, because it takes some gratuitous and out-of-context shots at CK.
I was saying that somewhat tongue in cheek. Without knowing who the attorney is, I am guessing you're right and her attorney is similarly in a bubble where they are surprised that believing charlie kirk should be murdered for his opinions objectionable to people and so thinks that the impact to her business would make her a more sympathetic client, without thinking about what it meant for the legal merits of her case.

And I don't know how the jury pool in thenorthern distric of Mississippi looks. I would assume it wouldn't look good for her over all, but maybe everybody with real jobs that they don't want to miss do their best to skip out of jury duty and you end up with university employees and baristas from oxford that are sympathetic to AWFLs.
 

goindhoo

Junior
Feb 29, 2008
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Kirk a White Supremacist:

Kirk stated Black America was better off under Jim Crow laws. If that doesn't prove he is a white supremacist then I can't help you. I don't care how well a man debates and argues a point. Kirk was good at it, but I can't get around that Jim Crow laws weren't right.
If you actually understood the context of his statement, you would understand that he was not against racial equality, but he believed that some of the bureaucratic policies (i.e. DEI) that flowed from Jim Crow laws were a mistake.
 

Darryl Steight

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Sep 30, 2022
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I am more surprised by the number of people who are surprised that Americans are violent and condone or advocate it. It's as clear as the nose on your face. We have more guns than we have people. We didn't get to that because this country is full of peace loving get along individuals. The nation was literally formed from political violence. Political violence that we celebrate constantly with coins, statues, and museums, and wax poetically whenever we refer to the founding revolutionaries. We call them revolutionaries for a reason. They started, supported, and advocated a violent revolution. Then about a third of the country celebrates and glorifies a second, but this time, failed politically violent revolution and erected thousands of statues and monuments to it. We impose our political will around the globe through war (political violence). Then we act shocked when some Americans condone or support political violence. It definitely a shame and terrible, but spare me the surprise and shock.

Someone go wake up the charter member - there is a political post he hasn't liked yet.**

Tha squaaad.jpg
 
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Shane of Pisgah

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Sep 29, 2022
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I was saying that somewhat tongue in cheek. Without knowing who the attorney is, I am guessing you're right and her attorney is similarly in a bubble where they are surprised that believing charlie kirk should be murdered for his opinions objectionable to people and so thinks that the impact to her business would make her a more sympathetic client, without thinking about what it meant for the legal merits of her case.

And I don't know how the jury pool in thenorthern distric of Mississippi looks. I would assume it wouldn't look good for her over all, but maybe everybody with real jobs that they don't want to miss do their best to skip out of jury duty and you end up with university employees and baristas from oxford that are sympathetic to AWFLs.
I don't think she's going to find a very sympathetic jury pool. The district is comprised of a lot more than just Lafayette County, but it's about as conservative as it gets.
 
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Perd Hapley

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Sep 30, 2022
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So what was her actual quote? Forgive me but I don’t trust either side’s take on it. I also do t care enough to google it.
I don’t think she had one. Think she just retweeted / reposted another quote, which I also never saw.
 

Perd Hapley

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Sep 30, 2022
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Does everyone in this thread understand that OM is a state actor?
Shared this with some OM coworkers, and they strongly disagreed. Were very insistent that they were actually an LSU actor***
 
Nov 20, 2023
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I don’t know that I’ll ever understand being glad someone was killed because their political views are different than mine. Quite a world we live in these days. Hell, my best friend is one of the biggest OM fans I know. We’ve been friends for about 36 of the 39 years we’ve been on this earth. I’m not sure that kind of thing would work these days, as polarized as people are. But I AM glad when people do share those types of opinions, as it lets me know what kind of person that they really are, and I can distance myself from them.

I feel like a lot of problems these days begin with folks spending too much time on the internet (as I sit here typing on SPS). If people would just get out and talk to people they don’t know, they would realize that the world isn’t quite as bad as it’s been made out to be on the tv or internet. Aight, I’m done being serious.
Couldn’t have said it better and I do believe it’s the generation as well while we might be on here now the difference is most of us grown *** men and women have the ability to concentrate as we grew up before there were cell phones. I still remember rotory phones a little bit. Anyways I grew up hunting, fishing, riding 4 wheelers/3 wheelers first. Sure I had Atari and a Nintendo but I grew up on a family farm that spans about 13-14k acres. Going to the creek and everything else with my 1st cousins who were are really like brothers. Friends as well. I get on SPS at the end of my day. Some other times but rarely which is why I post in the am hours before bed. Had friends and made them the ole school way before the internet. Friends for life. So yea it’s the difference in generations believe I’ve tried hanging out with people 10 or more years younger on me and like they’re talking another language or something. Can’t even to one song for instance or listen to the meaning or any of the words. As some one just told me recently in they’re late 20s “I just listen to the beats etc and 17ery” anyways I digress but your right.
 

Perd Hapley

All-American
Sep 30, 2022
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They are very unlikely to lose this case. You can't go around calling your coworkers racial slurs and say the university can't fire you because you have free speech rights.

Well that’s a violation of other many other state and federal laws regarding harassment and hate speech in the work place. But that’s not what happened here, so it’s completely irrelevant. 1A is the prevailing federal statute that is in play.

You can't go around stating that you're not against violence for somewhere between 20% and 40% of the country because of their political beliefs.

That’s also not what happened. And I don’t agree with the original author’s position by any means. But legally speaking, the person in question didn’t actually even SAY anything. She retweeted / reposted the original author’s comment (without any caption / commentary, from my understanding).

Essentially, she posted a link. And the original author didn’t even say anything about stating they weren’t against violence for large groups of people for beliefs. It was said about one specific person based on what they said publicly, and what they used their platform to do.

And again, I don’t agree with the post, but its a very slippery slope allowing people to be fired by a state / federal entity based solely upon what they post as their individual selves on a private social media account….provided that they don’t claim any association to their employer in the commentary.
 

TheDawg-Pound

Senior
Dec 21, 2024
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3 topics

Guns:

When Trump took office, he relaxed some restrictions on gun purchase to satisfy the gun lobby.

I have a mentally ill relative that has bought so many assault weapons since that day it would scare even you. He has been committed several times, once for stabbing himself in the leg and wondered why anyone had a problem with it. He had just got into a fight with himself and won. He once told me he knew he wasn't Jesus but he had been raised from the dead so he must be Lazarus. His wife left him and escaped with their young child for fear of her life and is running scared right now.

Some people should not be able to buy weapons. Kirk said, unfortunately there will be some deaths. It's the price we pay for freedom. I have several myself. but you can agree or disagree but I say some people should not have guns.

People say the laws don't work, criminals still get them. He couldn't. Now he can. Statistics proved that gun violence had dropped since they were in place.

Kirk a White Supremacist:

Kirk stated Black America was better off under Jim Crow laws. If that doesn't prove he is a white supremacist then I can't help you. I don't care how well a man debates and argues a point. Kirk was good at it, but I can't get around that Jim Crow laws weren't right.

Abortions:

Anyone that cares to know does know that women are dying based on these new laws. Hospitals in many states won't even treat women having miscarriages until whatever is inside them is fully gone. They just lie there in pain and suffering, getting sepsis and even die in some cases. So many women were dying from maternity related deaths in Texas that they stopped tracking how many were dying. They now just say Sepsis and that number is way up.

You don't know this? Why? is it because you only watch FOX news on You Tube TV or is Disney, I forget.

Why would anyone say a prayer for a man like Kirk? I certainly would not but that doesn't mean I advocate for violence or celebrate his death.

Some conspiracy theorist say it was actually a hit put out on him because he was advocating for the Epstein files to be released. Which is a point I agreed with him on but who would have put out that hit? I I don't know, let's release them and see.
Typical. Spewing shi. On false claims.

No search produces any verifiable proof that Kirk said such a thing — and Ballard of course doesn’t link to a single source. The closest clip anyone has pointed to comes from a roundtable debate (1:26:00) about the constitutionality of affirmative action in which Kirk condemned Jim Crow as “evil” before pointing out data that shows black Americans are poorer today than they were in the 1950’s prior to the passage of the Civil Rights Act (which effectively ended the Jim Crow laws).

The woman he was debating asked whether Kirk was trying to suggest that blacks “thrived under subjugation.” (At this point, Kirk had pointed out that since the 1965 Civil Rights Act, blacks became poorer, black fathers left the homes in mass droves, and crime rates amongst blacks shot up whereas during the 1940’s and 1950’s those things were opposite).

“The data shows [blacks] were actually better in the 1940s. It was bad, it was evil, but what happened? Something changed?” Kirk asked, seemingly referencing Jim Crow subjugation — not slavery.



Another claim widely circulated is that, as put by X user Mayra, “Charlie Kirk said that gun deaths ‘unfortunately’ worth it to keep 2nd Amendment.'”

But that’s a gross distortion of Kirk’s comments, which are in full below:

“You will never live in a society when you have an armed citizenry, and you won’t have a single gun death. That is nonsense. It’s drivel. But I am — I think it’s worth it. I think it’s worth to have a cost of, unfortunately, some gun deaths every single year, so that we can have the Second Amendment to protect our other God given rights. That is a prudent deal. It is rational.”

Kirk wasn’t celebrating or encouraging tragedy. He was recognizing the reality: the Second Amendment safeguards liberty, even though misuse of firearms will tragically occur. His point was clear: banning guns because some people abuse them is like banning cars because some people drink and drive.
 
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boatsandhoes

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Sep 6, 2012
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maybe it’s simple…if your going to retweet hateful stuff on socials, realize millions of ppl “could” see it, and there is blowback from that. If you say hateful stuff and have a restaurant, realize people may not come to your restaurant any more and you close. That’s still freedom…what she wants is freedom without responsibility for your typed/spoken word. We’re all guilty of saying things we regret, I doubt she regrets it.
 

tired

All-Conference
Sep 16, 2013
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"She also claims the termination has negatively impacted her life in many ways, including with the restaurant she and her husband own"

This dog won't hunt. The post she made is what negatively impacted her life. She read the room entirely wrong.

I imagine she failed to fulfill the obligation of her contract
 
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johnson86-1

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Aug 22, 2012
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Well that’s a violation of other many other state and federal laws regarding harassment and hate speech in the work place. But that’s not what happened here, so it’s completely irrelevant. 1A is the prevailing federal statute that is in play.
The point is that government employers aren’t prohibited from firing employees for speech. You can’t go around using racial slurs outside of the workplace and keep your government job.
And it’s also not a statute. It’s the constitution and case law that will control.
That’s also not what happened. And I don’t agree with the original author’s position by any means. But legally speaking, the person in question didn’t actually even SAY anything. She retweeted / reposted the original author’s comment (without any caption / commentary, from my understanding).

Essentially, she posted a link. And the original author didn’t even say anything about stating they weren’t against violence for large groups of people for beliefs. It was said about one specific person based on what they said publicly, and what they used their platform to do.

And again, I don’t agree with the post, but its a very slippery slope allowing people to be fired by a state / federal entity based solely upon what they post as their individual selves on a private social media account….provided that they don’t claim any association to their employer in the commentary.
It’s disingenuous to say that she didn’t say anything by retweeting, but if that were the case, it would also gut her claim. She isn’t being fired for the content of her speech at that point. She’s being fired for being stupid.

And the slippery slope argument isn’t really an argument where you are balancing competing interests.
 
Sep 15, 2009
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And this is why I tried to dumb it down for you. It's probably not possible to dumb it down enough for you, but yes, in the context of when a government employee' can be terminated for their speech, how much it disrupts the employers operations is exactly what determines whether the employee can be fired (actually it's one half of a balancing test, but I don't want to ask you to keep two ideas in your head at once. Seems like a recipe for disaster.)


That's nice and all, but the legal test involves the employers interest in the efficiency of their operations. Having to distance themselves from the employee and their asinine comments doesn't change the legal test. If it wasn't at the least hurtful and insensitive, it probably wouldn't disrupt their operations. But they don't get a pass because the content of the speech is what causes the problem. The test is not about content neutral restrictions.

It's always possible they will settle. They'd probably pay nuisance value right now just to get it out of the headlines. Or they might feel like settling with her will just antagonize donors. I think a lot of their donors would rather have money go to legal fees than paying somebody that condoned murder. They will probably consider both sides of that.
Spoken like someone who has never tried a jury case. They get a jury trial on the damages claim for violation of First Amendment (bench trial for reinstatement claims, if they made them). Arguing technicalities doesn't win with juries. The Chancellor's public statement is all they need to create a fact question, and his statement is far easier for a jury to understand, than the legal treatise you had to write to make your point. Juries, like every member of this board who certainly skipped right over your long winded explanation, glaze right over these overly technical legal arguments, and latch on to common sense. And they will roll their eyes as soon as you start with the "ignore what the Chancellor actually wrote, and focus instead on what we tell you he meant to say". It's not a winning strategy, and they will settle because their lawyers understand this; even if you don't.
 

johnson86-1

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Aug 22, 2012
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Spoken like someone who has never tried a jury case. They get a jury trial on the damages claim for violation of First Amendment (bench trial for reinstatement claims, if they made them). Arguing technicalities doesn't win with juries. The Chancellor's public statement is all they need to create a fact question, and his statement is far easier for a jury to understand, than the legal treatise you had to write to make your point. Juries, like every member of this board who certainly skipped right over your long winded explanation, glaze right over these overly technical legal arguments, and latch on to common sense. And they will roll their eyes as soon as you start with the "ignore what the Chancellor actually wrote, and focus instead on what we tell you he meant to say". It's not a winning strategy, and they will settle because their lawyers understand this; even if you don't.
You've tried a lot of jury cases have you? And don't know whether the jury or the judge decides a question of law? That seems like that'd be important for you to know...