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Culture War Roundup for the week of October 10, 2022

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Alex Jones just lost a lawsuit for defamation for claiming that Sandy Hook was a hoax and the reward was $965bil (after a previous $50mil verdict so its over a billion) for defamation and emotional damages. Jones is a kook, and his claim was both false, and outrageous; but I'm not 100 percent sure he even should have lost. Esp for the emotional damage part. I don't think people should be entitled to damages because they feel hurt by what you say. As far as the defamation part if he claimed particular people created the hoax then I can understand a loss of a defamation lawsuit, but if its just a general comment along the lines of "I think it's a hoax" I don't think he should face any legal penalty for it. And a billion dollars for spouting off some nonsense seems ridiculous to me.

I suspect that he will appeal (I understand he tried to appeal the previous case all the way up to the Supreme Court, who refused to accept the case), and that the case won't be overturned on appeal, but perhaps the damages will be reduced.

There was also some talk about harassment and death threats against people suing Jones. If it can be proven that Jones was behind it I suppose that could be ground for a lawsuit (and perhaps even criminal charges depending on the details), but that would be a separate issue than defamation or emotional distress over the original comment.

Jones spent years scapegoating these families. Claiming they lied, that their children were fine. He combed over footage of grieving parents pointing out “acting.” This was broadcast to an enormous and enthusiastic audience, some of whom proceeded to threaten these Deep State shills.

It was a clear case of “communicating to a third party false statements about a person that result in damage to that person's reputation,” or defamation. Whether or not you think the corresponding legal penalties are appropriate, he has no defense.

If people were pissing on the grave of my murdered son, threatening to dig up an “empty” coffin, I think I’d have objections to the guy selling that narrative.

Yes to all this, but it's also important to mention that he lost by default because being an obstinate litigant and refusing to comply with discovery orders was his entire MO. We'll see how the collection and bankruptcy after-action ultimately play out, but I can't imagine anyone thinking this ever had a chance of working in his favor. MAYBE his efforts (setting aside their morality/legality) helped him shield some of his assets, but that was in exchange for abandoning the field to swallow the default judgment poison pill. Moreover, this also means that he had to functionally abandon any actually real defenses, such as anything remotely grounded in free speech protections. I would love to see an earnest steelman of why his cases sets a bad precedent, but as far as I can tell it largely falls along tribal lines.

If he thinks he cannot win, it probably does not help to aggressively fight it because that would cost him $ that would otherwise go to paying the judgement. It would also add to the plaintiff's legal bills (a default judgement is a lot cheaper than a long legal battle). A successful defense in a libel case would be to show that the Sandy Hook victims were in fact crisis actors or that no reasonable person would believe him (satire defense). The $1 billion seems arbitrarily and excessively punitive if you include medical bills and lost wages for every family member, which cannot possibly be anywhere close to $1 billion. It sets a precedent that anyone who is sufficiently and convincingly traumatized by speech can be awarded an arbitrarily large amount of money.

You're incomplete. It this sets any precedent it's "anyone who is sufficiently and convincingly traumatized by speech can be awarded an arbitrarily large amount of money...provided they face a defendant who 100% gives up any semblance of legal defense and instead spends enormous resources trying to shield from liability as much of his multi-million dollar commercial enterprise as possible, by ineffectively trying to distribute it to family members and other antics."

The precedent it sets isn't a legal one, but a practical one. If you're on the right, you can be destroyed for any reason and the legal system will bend over backwards to do it. Your motions will be summarily denied and your appeals unheard. You will be denied your day in court based on procedural gotchas, your lawyers will be sanctioned for defending you, and you will be penalized well beyond your ability to withstand.

I thought we were talking about Alex Jones? I have no idea what your hypothetical has to do with his cases.