Was this ad intentional? (laughs) ..Under the discussion Re: Pimp
Posted on 01/06/2005 7:34:40 AM PST by fight_truth_decay
Motorcycle daredevil cannot sue sports network over "pimp" claim
Evel Knievel has no valid defamation claim against ESPN over a photograph and caption published on a Web site, a federal appeals court ruled Tuesday.
Jan. 5, 2005 -- Famed motorcycle stuntman Evel Knievel cannot sue EPSN for defamation over a Web-published photograph of him and two woman with the caption "Evel Knievel proves that you're never too old to be a pimp," a federal appeals court ruled Tuesday.
In a decision centering on meaning of the word "pimp," the U.S. Court of Appeals in San Francisco (9th Cir.) ruled 2-1 that the caption and a photo of Knievel with his arms around his wife, Krystal, and another unidentified young woman were not defamatory when viewed in the context of an irreverent web site.
The Knievels argued that the photo and caption, which were posted on the ESPN extreme sports Web site EXPN.com for six days in 2001, defamed them and that the Montana constitution entitled them to jury trial against ESPN for libel. The case was moved to U.S. district court.
In upholding the district court's dismissal of the case, Judge A. Wallace Tashima wrote: "Although the word 'pimp' may be reasonably capable of a defamatory meaning when read in isolation, we agree with the district court's assessment that 'the term loses its meaning when considered in the context presented here."
"The web pages immediately preceding and following the Knievel photo use slang words such as 'hardcore' and 'scoping' and slang phrases such as 'throwing down a pose,' 'put a few back' and 'hottie of the year,' none of which were intended to be interpreted literally. ... any reasonable viewer would have interpreted the word 'pimp' in the same loose, figurative sense as well," Tashima wrote.
In dissent, Judge Carlos T. Bea wrote that a reasonable reader could interpret the caption to imply that Knievel is a pimp and his wife and the other woman with him were prostitutes.
Courts "have held that 'words charged to be defamatory are to be taken in their natural meaning and that the courts will not strain to interpret them in their mildest and most inoffensive sense to hold them nonlibelous'" Bea wrote, quoting from a 1947 New York decision.
Bea, who cited definitions of the word "pimp" from four dictionaries including the "Oxford English Dictionary," began his dissent quoting Shakespeare's Iago in "Othello": "Good name in man and woman, dear my lord, Is the immediate jewel of their souls."
Knievel, informed by Reuters of the decision, told the news service: "They disregarded the goddamn law and they ought to be discharged, they ought to be ashamed of themselves. They ruled against the law. What good is law in the United States of America if five or six goddamn bimbos are going to rule against it?"
Knievel will ask his lawyer to ask the Supreme Court to review the case, he told Reuters.
(Knievel v. EPSN; Media counsel: Nathan Siegel, Washington, D.C.) -- KM
MTV in Germany is even making a pilot for a local variation: "Pimp My Bicycle." Graden's not quite sure why "Pimp My Ride" is so big overseas."
"My instinct is that there's a certain fascination with the Southern California car culture as an expression of Americana," he said.
MTV estimates that at least one of their networks is available in one-third of the world's homes with televisions. About 80 percent of its viewership now is outside of the United States.
HBO, Discovery, ESPN and CNN have all been active internationally, but none have built worldwide distribution to the extent of MTV, said Larry Gerbrandt, a television analyst for AlixPartners LLC.
Meanwhile across town
The New York Postreported on January 5, 2005 --SLAY-TRY RAP ON 'AIDS PIMP'.. An accused pimp was charged with five counts of attempted murder yesterday for allegedly spitting blood and saliva at cops and a health-care worker while telling them he was giving them AIDS.
"You're going to die!" Robert Murray, 32, of Manhattan, allegedly threatened as he spat into the eyes and mouths of four cops processing him at a Harlem precinct on a charge of promoting prostitution two years ago, according to court papers.
He also allegedly spat at a health-care worker.
Legal sources said Murray is presumed to have the disease. The health of his victims could not be determined last night.
Since the incident, Murray has been found mentally unfit for trial on the attempted-murder, pimping and other charges.
The original charge stems from Murray's arrest for allegedly trying to sell the sexual services of a woman to an undercover cop. Laura Italiano
Pimp My Thread!
Pimpin' ain't easy!
At his peak, Evel Knevel was as recognizable a face and name as Muhhamed Ali. The man was indestructable. Captain America and Superman in white, red and blue leathers on a motorcycle.
He should put up a website with pictures of the 9th Circuit judges and their wives captioned: "You're never to old to be a pimp."
Since "pimp" isn't considered a derogatory term by the 9th Circuit, I suggest the next time someone appears in court they say "Yes, your pimpness" instead of "Yes, your honor". See how far you get. LOL
Was this ad intentional? (laughs) ..Under the discussion Re: Pimp
LOL! Looks like Knievel gave the judges what they were asking for!
Yea, but someone gotta do it.
"I can't proceed with my lawsuit? Ni#*er, please!!!
The members of the 9th Circus Court of Appeals should not take offense at any of Knievel's comments. After all, I'm sure he was using the word "bimbo" as a term of endearment.
Evel Knievel was in Amarillo awhile back...he was interviewed on a local radio show. I know very little about him, but I got a bit disgusted after he talked, on and on, about what a disappointment his son was to him. He whined that he had tried to "do everything right" in bringing him up, but his son just seemed destructive. I believe he implied too much booze, women, etc. He just seemed to want to paint himself as perfect and his son as a loser. Apparently the two are estranged, at least for now (wonder why?!?).
The same day (or the next day) after the morning interview, he broke a knee or leg on a motorcycle while he was here in town!
Speaking of which, I suppose I can post a pic of the new humanist superstar barack obama with his wife and another lady and say pimpin aint easy.
I bet the 9th circus would quickly change their mind on pimping pics.
The man was indestructableTell that to his orthopedist.
When I was a kid, I loved Evel Knevel. I had the Snake River rocket toy and his cool van. I did learn that the little dolls, err "action figures", had a wire core and if you bent his arms and legs enough, you could break them and have him look all mangled, like in real life.
Depends on where and how it's published, just like in this case.
Barbie Girl (song of endearment) by Aqua
I'm a barbie girl, in the barbie world Life in plastic, it's fantastic! you can brush my hair, undress me everywhere Imagination, life is your creation I'm a blond bimbo girl, in the fantasy world Dress me up, make it tight, I'm your dolly You're my doll, rock'n'roll, feel the glamour in pink, kiss me here...lyrics
Bimbos and Pimps
ESPN and their EXPN website are huge corparations and the website gets megahits. So I dont see a where and how it is published problem.
Suppose BO brought his wife and a lady friend to the ESPY awards and ESPN did the same thing to him. ESPN would be vilified and sued big time but it would quickly be settled out of court.
Some animals are more equal then others.
I never had much use for Knievel, too much self-promotion. Thats what this case is all about he just wants another 15 minutes.
In my opinion he chickened out in the canyon and pulled the ripcord.
One thing I will say in his favor when he jumped he used a Harley Davidson which is a much heavier bike than any they use today, its a lot easier on a modern day Dirt bike than on the Harleys Evel used.
...not defamatory when viewed in the context of an irreverent web site.
If the Ninth Circus believes that publicly calling respectable citizens 'pimps' is not defamatory, then they must also take the viewpoint that 'slut' and 'whore' cannot be, either. After all, they're all terms that relate equally to the 'world's oldest profession'.
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