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yvanehtniojHillary Crosley Coker
12/04/15 1:27pm
“[Terrence] ain’t done nothing different than Marlon Brando or Sean Penn, and all of a sudden he’s some f—in’ demon,” says Daniels. “That’s a sign of the time, of race, of where we are right now in America.”

I understand this argument. What I don’t understand is why the conclusion is never that Sean Penn and Marlon Brando had it waaaaaay too easy for being a couple of known abusive pieces of shit, instead of “lighten up on Terrence!”
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  Tony Stark, forever grey.yvanehtnioj
  12/04/15 1:29pm
  Agreed! It’s definitely racist that we go harder on black men that white men, but really we should be nailing the white guys to the wall more than we do, not going easy on other serial abusers.
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  lucy pevensieyvanehtnioj
  12/04/15 1:32pm
  Exactly. The argument shouldn’t be, “He didn’t do anything Sean Penn hasn’t done, so leave him alone.” It should be “Why do either of these assholes still have careers?”
  
  And realistically it’s not like Howard’s career has particularly suffered from the allegations any more than Penn’s has. (A lot of which is thanks to Daniels.)
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The Noble RenardHillary Crosley Coker
12/04/15 1:31pm
Under New York State law, Daniels must prove that he knew for sure that his words about Penn were true

Please clarify this a bit, as it gives the impression that Daniels has to prove anything at all, which he definitely does not; Sean Penn has the burden to prove in the lawsuit as a whole that Daniels’s statements were false and that they were uttered with actual malice.

So what you’re writing now is sort of the standard for Daniels moving to dismiss the lawsuit before it ever goes any further, and in doing so, his lawyers write; “A motion to dismiss founded upon documentary evidence may be granted ‘… where the documentary evidence utterly refutes the complaint’s factual allegations, conclusively establishing a defense as a matter of law.’”

So possible clarify as such?

Under New York State law, one of several ways that Daniels can convince the court to dismiss Penn’s lawsuit immediately is to prove that his words were true.
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  StonedReagan2The Noble Renard
  12/04/15 2:19pm
  Wooosh. That is the sound of this point flying directly over the authors head. I cringe when i see journalists write about the law.
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  QuestThe Noble Renard
  12/04/15 2:55pm
  I don’t know about NY but most states the person filing the law suit has to prove that the statement made was not true
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Drew A. BlancHillary Crosley Coker
12/04/15 1:28pm
Apparently no one around here gives a shit Scott Weiland died?
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  paultoesDrew A. Blanc
  12/04/15 1:32pm
  There is this:
  
  Farewell, Elegant Bachelor: Scott Weiland, RIP
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  EileenOnSundayNightsAfterAllInTheFamilyOnCBSDrew A. Blanc
  12/04/15 1:38pm
  To be fair, the editors only care about shit that happens to people on their radar and that get mentioned in the gossip sites they happen to be on at the moment before moving on.
  
  They’ll probably get around to him soon.
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CaliforlifeHillary Crosley Coker
12/04/15 1:32pm
Sean Penn remains a dumb ass. Go back to defending Jude Law as a great actor of this generation. Lol. And Lee Daniels, get some morals, dummy, and stop defending a 1,000 time abuser.
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Rando CalrissianHillary Crosley Coker
12/04/15 2:00pm
I have an old handbag that looks just like this, but with the eyes or facial hair.
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  EmForsterRando Calrissian
  12/04/15 2:37pm
  I think it was someone on a Gawker forum who said that Sean Penn looks as though he’s perpetually trying to open a stuck pickle jar.
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  Rando CalrissianEmForster
  12/04/15 2:54pm
  SO true!
  
  Also I can’t move the photo box so it’s over Sean Penn’s face. FFS kinja! Just make it editable.
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MassofContradictionsHillary Crosley Coker
12/04/15 1:27pm
I am confused. Maybe someone who practices the law can help me. Lee Daniels says something Sean Penn feels like defames him, Sean Penn sues him, and then Lee Daniels uses the First Amendment to say, basically, “Shut your mouth.” Isn’t the first amendment only for use whenever the government tries to silence speech? Not between two private citizens?
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  YoSupMassofContradictions
  12/04/15 1:33pm
  A court defamation judgment is government action, so the First Amendment limits when you can win a defamation suit. For example, if the state legislature passed a law saying that you can sue people for supporting gay rights, you can argue that that law is unconstitutional when someone sues you under it.
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  The Noble RenardMassofContradictions
  12/04/15 1:35pm
  A defamation lawsuit is asking the courts (the government) to intercede on behalf of the victim of the defamation and to punish the person who uttered the slander or libel. Therefore, the First Amendment applies.
  
  Traditionally, slander or libel are not protected speech under the First Amendment, which is why you’re allowed to use the Government’s courts* to sue another person for their false speech which harmed you. However, the Supreme Court has said that public figures are entitled to less protection against slander or libel, and may only sue another person for a false statement if the false statement was uttered with “actual malice,” which is either knowing that the statement is false and saying it anyway, or saying the statement with reckless disregard for whether it is true or not.
  
  *Importantly, this principle (that the courts act as the government itself) is why it’s unconstitutional to have racially restrictive covenants in house deeds; because the Government would be the party to enforce a covenant saying “no owner of the house may rent to a black person,” and it would be the Government doing the actual enforcement of the racial discrimination even though the contract was made between two private citizens.
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Tiff216GHillary Crosley Coker
12/04/15 1:26pm
I am not a fan of either one but Lee Daniels seriously irks me.
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  rocketsparkleTiff216G
  12/04/15 1:46pm
  Cause he’s a two-time shuffling coon who doesn’t care for black women in the slightest and will throw women under the bus in a heartbeat. See: Monique.
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  EmForsterrocketsparkle
  12/04/15 2:39pm
  Ummmm....I don’t think we use that word these days.
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the present king of franceHillary Crosley Coker
12/04/15 1:26pm
Penn doesn’t have a chance in hell of winning such a defamation suit. And Daniels is right: this can do nothing but damage his reputation further. Penn’s lawyer/people must have known this and told him. Penn must be a truly deranged and angry person to have gone through with this.
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  devintoddishthe present king of france
  12/04/15 2:01pm
  It’s like the fact that he filed this frivolous lawsuit helps prove their case.
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EileenOnSundayNightsAfterAllInTheFamilyOnCBSHillary Crosley Coker
12/04/15 1:35pm
Penn must have been high and his lawyers happy for the billable hours to do this.

Daniels’ words would have been quickly forgotten but Penn’s given them a nice longer life thanks to his suit.

Idiot.
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UrbanNunEnthusiastHillary Crosley Coker
12/04/15 1:40pm
I too want Sean Penn thrown out. Wait, did I read that headline wrong?
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