This is an important reminder....

JRowland

Hall of Famer
Staff member
May 29, 2001
35,784
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Lately there have been some posters who have been floating rumors and theories that are unsubstantiated and do not have any facts attached to them. Everyone needs to understand that the line between free speech and defamation is very thin and it's easy -- especially on a forum like this -- to hop over and back. I am posting this to discourage you from posting anything that would so much as come near this line. That is not to say you can't post anything rumor related, as a general rule, but the way you approach serious situations/allegations/rumors demands delicacy and responsibility on your part.

If you need to reach out to me directly then you are free to do so, and you are free to share what you will that way, but this is a public forum and it's important that you respect the policy here. We have had to do too much work to make sure defamation does not occur. I am not speaking about any one rumor in particular and this isn't to be taken as any judgment at all. Thanks.
 
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Dore95

All-Conference
Mar 2, 2008
2,435
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Hmmm. Lexington's public figures must be protected by much stronger defamation laws than those in other cities and states. Because this board is always full of rumors regarding coaches at other places and those posts are never deleted.
 

Anon1660081258

All-American
Jun 20, 2013
7,250
6,139
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The editorial staff is taking a clear position on the rumors. Truth is a clear defense to a claim of defamation. Apparently, the editors have it on good information that absolutely none of it is true. Whew... I feel better. "All is well!"
 

Jon(-24)

Senior
Nov 25, 2007
1,635
576
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You know what's an even better defense to a claim of "defamation"? ( not a thing, BTW. Its libel or slander, not defamation)...

Having to show known malice, not negligence! In order to come under any legal trouble, they would have to do the almost impossible, which is to hang guilt on the forum for the content inside (increasingly difficult even here in china and forget about it in America). Then, after managing to get through that impossible task, Stoops is a public, not private, figure. You have to show, beyond doubt, that the person spreading the rumors knows for a fact that they are false. I don't know them to be false, in fact, I believe them to be true... But if they are false, its still not reached the level of slander or libel against a public figure.

Defamation angle is bunk. People have been told to stifle this. This isn't the only board doing it.
 

Crushgroove

Heisman
Oct 11, 2014
7,331
18,625
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You know what's an even better defense to a claim of "defamation"? ( not a thing, BTW. Its libel or slander, not defamation)...

Having to show known malice, not negligence! In order to come under any legal trouble, they would have to do the almost impossible, which is to hang guilt on the forum for the content inside (increasingly difficult even here in china and forget about it in America). Then, after managing to get through that impossible task, Stoops is a public, not private, figure. You have to show, beyond doubt, that the person spreading the rumors knows for a fact that they are false. I don't know them to be false, in fact, I believe them to be true... But if they are false, its still not reached the level of slander or libel against a public figure.

Defamation angle is bunk. People have been told to stifle this. This isn't the only board doing it.
It's amazing how lock-step folks can be when their money source has alternate wishes.
 

Adolph Rollingover

All-Conference
Feb 25, 2009
2,153
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Be careful being so arrogant as Ky recognizes the tort of false light.
  1. The defendant published some information about the plaintiff.
  2. The information must portray the plaintiff in a false or misleading light.
  3. The information is highly offensive or embarrassing to a reasonable person of ordinary sensibilities.
 

ThwKentuckyKid

All-American
Jul 4, 2015
4,078
7,297
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I don't see the harm in posting what you hear, it's not like you are saying it's true. One thing we are not seeing is people saying it's not true.
 
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Jon(-24)

Senior
Nov 25, 2007
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576
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Tort of false light again, protects private figures i n all situations, and public figures such as stoops when there is actual malice.
 

Adolph Rollingover

All-Conference
Feb 25, 2009
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@Jon(-24) you apeat to be blending the elements of defamation, libel and slander.

You are correct though, Defamation against a public figure, one who has thrust himself into a public event or controversy or by nature of his position holds a position in the public eye, is a very difficult standard to meet. It does not rise to "intentional" however. The standard is "the reckless disregard of truth or it's knowing falsity"
 
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Adolph Rollingover

All-Conference
Feb 25, 2009
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@Jon(-24) A great deal of potentially injurious commentary merely implicates or speculates, but doesn't go so far as to make a direct, false statement. That is false light. If the publisher publishes it with reckless disregard of its offensiveness, it is false light. Notice truth is not a defense to false light innand of itself.

I agree with you, whether defamation, false light, a public figure has a tremendous burden to meet.

Donald Trump commits the tort of false light daily but he does so against a public figure.
 

Crushgroove

Heisman
Oct 11, 2014
7,331
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Same thing on every UK message board and fan site. Like, verbatim. Like orders were sent down. Very strange, indeed.

We're either seeing the effects of a very fragile social environment that was already sue happy or UK's operation "Motel 6" is in full CYA mode.