Dead Marine's Father Ordered to Pay

Discussion in 'West Mall' started by TxStHorn, Mar 31, 2010.

  1. TxStHorn

    TxStHorn 1,000+ Posts


     
  2. Horn6721

    Horn6721 10,000+ Posts

    The Marine father said he wouldn't be pulling out his checkbook anytime soon.
    But Bill O'reilly said he would pay this fine.

    It is tragic and sad but as you pointed out it is the law.
     
  3. ProdigalHorn

    ProdigalHorn 10,000+ Posts

    LOL that's kind of typical in a discussion like this - let's go find a really extreme example where some people none of us like come out ahead, and we'll use that to discredit the premise.

    The fact is, whether you like or don't like that church and its members, the courts ruled they weren't liable. They were taken to court, and in the eyes of the law, they were not responsible for this. So what, we're OK with dragging people into court on a lawsuit with no risk, so long as we don't like the people that are being dragged into court?
     
  4. kgp

    kgp 1,000+ Posts

    Is the argument that the late marine's father's suit had merit or that even though it had no merit, the losses incurred by defendant are not the fault of plaintiff for filing suit? Sort of a notion that losses one causes others to incur by suing are not tortious but almost all others are? Or is this an appeal to pity? I am not certain what the exact argument being presented is, if one indeed is. Also, is not a Fox News personality paying the tab?
     
  5. Mr. Deez

    Mr. Deez Beer Prophet

    On the merits of the case, these loons may have the right to free speech and to picket, but this case isn't about a prior restraint of their speech nor is it about a fine for their actions. It's about holding them accountable for injuring others in the process of their activities. I think the Supreme Court should reverse the 4th Circuit and reinstate the verdict, though I don't think they'll do that.

    As for the loser pays issue, the point is that one shouldn't have to fear having to pay the other party's costs before litigating a case that has merit. "Lawsuit" is not a dirty word. It is the constitutionally ordained method of conflict resolution. One can lose a case, even if it has merit. One can also win a case that doesn't have merit.

    However, what's particularly bogus about the "loser pays" advocates is that most of them are inconsistent. They usually (though not always) oppose loser pays when the defendant loses. They also usually oppose it in the criminal context. If you favor loser pays, it shouldn't be one-sided.
     
  6. Perham1

    Perham1 2,500+ Posts

    On the merits of the case, these loons may have the right to free speech and to picket, but this case isn't about a prior restraint of their speech nor is it about a fine for their actions. It's about holding them accountable for injuring others in the process of their activities. I think the Supreme Court should reverse the 4th Circuit and reinstate the verdict, though I don't think they'll do that.

    This makes little sense and would render "freedom of speech" a worthless right. It is obvious that the definition of "injuring others" has not been given much thought.
     
  7. Perham1

    Perham1 2,500+ Posts

    The Marine father said he wouldn't be pulling out his checkbook anytime soon.


    Nobody should be above the law. Not even the father of a marine. Lucky for him someone stepped up and paid.
     
  8. Turd of Doom

    Turd of Doom 250+ Posts

    Where did this protest take place?

    Love you guys coming to bat for a group that held signs saying "thank God for dead soldiers". I'm glad someone is standing up for their rights.
     
  9. Perham1

    Perham1 2,500+ Posts

    Where did this protest take place?

    Read the link?

    Love you guys coming to bat for a group ....


    I don't really know what to call this, ignorance? It's basically the same sentiment expressed by the father. I'm not coming "to bat" for Phelps. I'm in favor of following our laws, including one I find to be fairly important: freedom of speech. I detest what Phelps does.

    By your "reasoning" (and I use that word loosely) you would probably dislike attorneys who defend "criminals", going to bat for them and all, standing up for their rights.

    What has happened to people learning about this rather basic governmental stuff in school? Did you all sleep through that class? Outright flunk out? What? Y'all live in a country that is defined as "the land of the free and the home of the brave". Do you even know what that means? It is obvious you do not.
     
  10. ProdigalHorn

    ProdigalHorn 10,000+ Posts


     
  11. Murphy'sBoy

    Murphy'sBoy 1,000+ Posts

    I wonder why people do not just beat his *** when he shows up to picket a funeral. I'll bet he would quit showing up after a while and the people who beat him would just be charged with simple assault. Well worth it.
     
  12. Perham1

    Perham1 2,500+ Posts

    I wonder why people do not just beat his *** when he shows up to picket a funeral. I'll bet he would quit showing up after a while and the people who beat him would just be charged with simple assault. Well worth it.

    There is usually a police presence following Phelps, and are you sure the charge would only be simple assault? Don't know, just asking.

    But if it's this easy then why don't you do it?
     
  13. Murphy'sBoy

    Murphy'sBoy 1,000+ Posts

    If it was my relative being buried, rest assured I would. I am totally against the war, but a funeral is not the time to have a protest. It is beneath human dignity to do that.
     
  14. soonerinatlanta

    soonerinatlanta 100+ Posts

    I didn't know anything about WBC so I googled them. These people are insane. Here's a link to their picket schedule. Notice their URL.

    WBC picket schedule
     
  15. accuratehorn

    accuratehorn 10,000+ Posts

    I support the haters' group right to protest, but I would love to be on the jury of the trial of a relative who ran his pickup trial over a bunch of them so I could vote for acquittal.
     
  16. DigglerontheHoof

    DigglerontheHoof 1,000+ Posts

    Would I have the right to stand next to the Phelps' "protests" and call them ***** over and over again? Cause if I do, I think I will.
     
  17. general35

    general35 5,000+ Posts

    i dont have a problem with loser pays, the problem is that judges are not consistent in their application of the law. companies get sued on frivolous grounds every day and spend millions and fees and never get to collect their attorney fees or costs.
     
  18. Turd of Doom

    Turd of Doom 250+ Posts

    I understand free speech you pompous weasel. I am going to exercise it by telling you that while I recognize that nutjob's right to protest and assemble, I would never in a million years defend his right to do so on a public message board. What he does is disgusting. Your choice to speak up for him is disgusting. You are disgusting. You have a constitutionally protected right to spew your hatred of me and the military. I have a constitutionally protected right to let you know that your opinion sucks.
     
  19. Perham1

    Perham1 2,500+ Posts

    I understand free speech you pompous weasel. I am going to exercise it by telling you that while I recognize that nutjob's right to protest and assemble, I would never in a million years defend his right to do so on a public message board. What he does is disgusting. Your choice to speak up for him is disgusting. You are disgusting. You have a constitutionally protected right to spew your hatred of me and the military. I have a constitutionally protected right to let you know that your opinion sucks.

    This seems to do a very good job of embodying the very notion of being un-American. Is that what 8 years of GWB did to the collective constitutional intellect?
     
  20. Turd of Doom

    Turd of Doom 250+ Posts

    Well played pen. You got me there pal I am unamerican for supporting a man who's son died in the service of this country. It seems hard for you to grasp but free speech includes people who do not share your opinion you dolt. I am allowed to disagree. It's ok if your incorrect opinion makes me sick. We can't all be patriots like you pal. Again, I one finger salute you for standing up for that scumbag.

    Bush, are you kidding me? Do liberal talking points call for a Bush reference in any situation or just when you are supporting a sick human being who likes to torture the parents of soldiers? We should get together and knock back a couple beers while burning the American flag, talk this thing over. Keep standing up for that constitution! Your a modern day Paul Revere.
     
  21. WhitmanSampler

    WhitmanSampler 250+ Posts


     
  22. WhitmanSampler

    WhitmanSampler 250+ Posts


     
  23. Turd of Doom

    Turd of Doom 250+ Posts

    Whatever candyman.
     
  24. MaduroUTMB

    MaduroUTMB 2,500+ Posts

    The point of free speech is protecting Fred Phelps' right to turn every last American against himself and his cause.
     
  25. Mr. Deez

    Mr. Deez Beer Prophet


     
  26. ProdigalHorn

    ProdigalHorn 10,000+ Posts


     
  27. Mr. Deez

    Mr. Deez Beer Prophet


     

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