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PaperclipPerfector  1yr ago (text post)   30045 thread views

Culture War Roundup for the week of November 13, 2023

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Hence, if

This is the thing that you have utterly failed to establish and that I have consistently challenged. Even try.

EDIT: You say:

The same is true of your hypotheticals.

So, you're actually going to comment? Will you unambiguously state, for the record, that your belief is that in this situation, UK law clearly and unambiguously says that Mr. So-and-So has a reasonable expectation of privacy in his arrest? Will you unambiguously state, for the record, that your belief is that all media outlets will refrain from posting his name in the article about the hullabaloo on their website, their twitter accounts, etc.? Will you unambiguously state, for the record, that your belief is that all their lawyers will tell them that they have to refrain from doing so because of legal risk?

So, you're actually going to comment? Will you unambiguously state, for the record, that your belief is that in this situation, UK law clearly and unambiguously says that Mr. So-and-So has a reasonable expectation of privacy in his arrest?

I have already said that. Again, that is what it means to say that I believe that the courts have established a bright-line rule.

your belief is that all their lawyers will tell them that they have to refrain from doing so because of legal risk?

  1. You are misunderstanding the role of their lawyers. If my understanding of the law is correct, the lawyers will tell them that, if they name him, they will be in violation of the law. But they will not tell them that they "have to" refrain from doing so, because that is ultimately a decision that the publishers must make, and which rests on considerations other than mere liability. An obvious one is the extent of damages that the plaintiff might win, which might be very low. Or they might be very high. I have no idea. Other factors are of course the standard elements that go into decisions about what to publish.
  2. But, I do expect the lawyers to say what I have repeatedly said: There is bright-line rule, so if you publish the name of an arrestee before charges are filed, and the person sues, you will lose.

This is the thing that you have utterly failed to establish and that I have consistently challenged. Even try

Well, I have presented evidence in the form of legal opinions from two UK lawyers. You, on the other hand, have simply presented your personal opinion.

I have presented evidence in the form of legal opinions from two UK lawyers

No, you haven't, really. The article didn't say that. We parsed the language earlier. Try again.

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