Friday, August 06, 2010

Attorney Stephen L. Barker won't say whether Kentucky will pursue a lawsuit against The Chicago Sun-Times

4 comments:

Marc said...

I wonder where this will all go.....

No good can come in pursuing legal action but then at some point you have to make a stand.

Wheatgerm said...

You have to make them pay some price. There has to be negative reinforcement. And maybe they're already getting some of that.

This might turn out to be a straightforward legal matter, something that could be handled rather expeditiously. If, as attorney Barker indicated on Wednesday, repeating rumors of this nature is libel per se (a false statement is no less libelous because it is the repetition of rumor or gossip), then malice (normally a tough burden) and damage are presumed.

It would be the Sun-Times' burden to prove the truth of the statement. Not that someone was in fact making the allegation, but that the allegation itself (UK paid $200K for Davis) was true. It's immaterial whether other universities claim the father asked for money. I dare say it's immaterial whether he asked UK for money. The Sun-Times would have to prove that UK paid or agreed to pay for Davis' commitment.

The more I look at this, the more I think the Sun-Times is in a bad spot here.

Marc said...

Great points WG

Anonymous said...

Just pray you aren't falling into a trap. The S-T is holding their position. You may end up being very right to pursue legal action, but then again, what gets exposed could be more damaging. Catch 22.