Posted on 07/14/2021 11:41:26 AM PDT by Red Badger
Former President Donald Trump scored a First Amendment win when a New York judge dismissed a case against him and popular social media personality CarpeDonktum over a meme criticizing legacy media as “fake news.”
According to New York Supreme Court Judge David Benjamin Cohen, the meme retweeted by Trump and created by CarpeDonktum, whose real name Logan Cook, was “newsworthy” and clearly satirical. The Hollywood Reporter described the video in question:
Cook found a video of a white toddler running after a black toddler and stuck a chyron reading “breaking news” over it. The captions read, “Terrified Todler [sic] Runs From Racist Baby” and “Racist Baby Probably A Trump Voter.”
The video then fades to black, and reads, “What actually happened.” The toddlers run at each other and embrace. A new caption: “AMERICA IS NOT THE PROBLEM…FAKE NEWS IS. IF YOU SEE SOMETHING, SAY SOMETHING. ONLY YOU CAN PREVENT FAKE NEWS DUMPSTER FIRES.”
Twitter quickly added one of their infamous “manipulated video” labels to the clearly faux meme. And later, the family of the toddlers in the meme filed a private suit against Trump and Cook alleging “the exploitation of the childrens’ image had violated New York privacy and publicity rights law (N.Y. Civil Rights Law §§50 and 51) and was both an intentional and negligent infliction of emotional distress,” The Hollywood Reporter noted.
“Initially, as defendants assert, the video was newsworthy,” Cohen wrote in his decision. “To promote freedom of expression, the meaning of ‘newsworthiness’ has been broadly construed and includes ‘not only descriptions of actual events … but also articles concerning political happenings, social trends, or any subject of public interest.'”
“It is common knowledge that one of the principal tactics of Trump’s presidential campaigns, as well as his presidency, was to incessantly attack the mainstream media as purveyors of ‘fake news,’ including his claim that the media exaggerates the extent of racial division in this country,” the judge continued. “Thus, the video’s references to ‘fake news’ and its depiction of race relations, however distorted, are clearly newsworthy.”
“Since the video is therefore a satire, albeit one which some may consider to be rather distasteful, this Court is constrained to find that it is not actionable,” he said.
Cohen, though, did not agree with Trump’s request to have his legal fees paid for from the “frivolous” suit. The plaintiffs had a “good faith basis” for their case, Cohen said, and “should not be penalized by the draconian language set forth in” the anti-SLAPP statute, according to The Hollywood Reporter.
Last week, Trump filed class-action lawsuits against Big Tech giants Facebook, Google, and Twitter over the censorship of conservatives, The Daily Wire’s Ian Haworth reported:
Speaking at a news conference, Trump said the lawsuits would demand that the court prevent ongoing censorship.
“We’re demanding an end to the shadow-banning, a stop to the silencing, and a stop to the blacklisting, banishing, and canceling that you know so well,” Trump said, calling the lawsuits “a very important game-changer for our country.”
The lawsuits, filed in the Southern District of Florida, argue that Big Tech giants violated Trump’s First Amendment rights when they suspended his social media accounts. In addition, they claim that many such platforms should be considered as “state actors” who should be limited by “First Amendment restrictions on government limitations on free speech.” Finally, the lawsuits look to strike down Section 230 of the Communications Decency Act, as well as seeking “unspecified punitive damages.”
I am so glad our TRUE PRESIDENT is a fighter-he’s all that stands between us and certain socialism and the end of the USA as we love it.
Good....but there ant no black kid ever run from a white kid in the whole USA....you got it backwards. Stupid fool.
“Since the video is therefore a satire, albeit one which some may consider to be rather distasteful, this Court is constrained to find that it is not actionable,” he said.
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Why is it “distasteful”?
Because they didn’t get any money for it.................
The article conveniently fails to name the plaintiffs.
Idiot judge, should have allowed Trump’s legal fees to be reimbursed. It’s the only way to deter frivolous suits.
Because they were only two years old..................
LOL
Or someone’s dog? I think pets can file lawsuits now.
“...but there ant no black kid ever run from a white kid in the whole USA.”
Unless they are with a half dozen of their “bro’s” blacks won’t fight. They also won’t fight if they don’t clearly outnumber the opponents.
I know this from personal experience going back a very long way.
Telecom must not be allowed to force “fake news” on its monopolized subscriber base
Yes, such a harmful manipulation that a lawsuit is needed!
“Racist Baby Probably a Trump Voter” is one of those headlines that doesn’t need a “fake news” tag. Honestly so many people in this country expect machines and other people to do their thinking for them.
Phones so smart, people so dumb.
FTA:
And later, the family of the toddlers in the meme filed a private suit against Trump and Cook
Well, doggone! I thought Red Badger was making a joke.
Did the article give the names of the toddler’s parents?
Happy for Carpe. His memes were so good. Not sure where he is now since being banned from Twitter.
In the year 2525.....er, 2021......................
AMERICA IS NOT THE PROBLEM…FAKE NEWS IS. IF YOU SEE SOMETHING, SAY SOMETHING. ONLY YOU CAN PREVENT FAKE NEWS DUMPSTER FIRES.
Latest winner for billboard sign.
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