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To: RightOnTheBorder
(1) you have to show the state of mind and prove it.

That means you have to show that the opinion expressed was known to be wrong at the time it was expressed. Good luck with that.

(2) you have to show foreseeability of substantial public harm.

Section (C) tells us that the public harm must begin immediately and cause direct damage. Since no such harm occurred, there is no foreseeability. Especially difficult to prove, even had harm actually occurred, is the standard of "significant degree of certainty the public harm would occur." Nothing "immediate" happened.

(3) you have to show direct cause of actual harm

no harm, no foul

The assertion "blood libeling conservatives has deadly results, as we have just seen" is an absurdity. You haven't "shown" anything by concluding that something has been "seen." Asserting a slogan, a shibboleth, does not make it so. There has been no actual "blood libeling by the comedian. A distasteful remark is not a blood libel, indeed, the concept of "blood libel" has no justiciable meaning.

The fact that the program is a comedy show and not a news program affords the actor greater latitude.

Finally, Kimmel himself is neither a licensee nor permittee. The licensee cannot be shown to have violated any of the above discussed clauses.


14 posted on 09/23/2025 7:30:56 AM PDT by nathanbedford (Attack, repeat, attack! - Bull Halsey)
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To: nathanbedford

Taking an academic approach to people who want you dead seems rather unwise. Kimmel is an employee of the network, he pushed a vile hoax, and there is no downside to enforcing regulations the democrats love so much and making ABC defend against them. Perhaps ABC’s lawyers will echo your arguments and win but I believe it worth the effort. Worst outcome is a court precedent weakening a regulatory body.


15 posted on 09/23/2025 8:12:51 AM PDT by RightOnTheBorder
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