Difference between revisions of "Free Speech Alive And Well In Cobb"
Free Speech Alive And Well In Cobb (view source)
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|keywords=Cobb County, Judge Henry R. Thompson, Cobb County Superior Court, Henry Thompson, Judge Henry Thompson, Henry R. Thompson, Judge Thompson, Cobb County, Free Speech, Freedom of Speech, United States Constitution, First Amendment, Matt McMaster, Matthew D. McMaster, McMaster For Cobb, wikilaw | |keywords=Cobb County, Judge Henry R. Thompson, Cobb County Superior Court, Henry Thompson, Judge Henry Thompson, Henry R. Thompson, Judge Thompson, Cobb County, Free Speech, Freedom of Speech, United States Constitution, First Amendment, Matt McMaster, Matthew D. McMaster, McMaster For Cobb, wikilaw | ||
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[[File:FreeSpeech.png|left|200px|Judge Henry R. Thompson (top), clip of First of Amendment of United States Constitution (bottom)]] | [[File:FreeSpeech.png|left|200px|Judge Henry R. Thompson (top), clip of First of Amendment of United States Constitution (bottom)]] | ||
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At the hearing on McMaster’s anti-SLAPP motion, Curry’s attorney argued that the alleged accusations against Curry of statutory rape and of being “dangerous” constituted libel per se. Libel per se under Georgia law requires a "charge that one is guilty of a crime, dishonesty or immorality."<ref>Barber v. Perdue, 194 Ga.App. 287, 288, 390 S.E.2d 234, 235 (1989)</ref> However, not only was the article completely void of Curry’s name, no accusation of statutory rape could be pointed to by Curry’s attorney. | At the hearing on McMaster’s anti-SLAPP motion, Curry’s attorney argued that the alleged accusations against Curry of statutory rape and of being “dangerous” constituted libel per se. Libel per se under Georgia law requires a "charge that one is guilty of a crime, dishonesty or immorality."<ref>Barber v. Perdue, 194 Ga.App. 287, 288, 390 S.E.2d 234, 235 (1989)</ref> However, not only was the article completely void of Curry’s name, no accusation of statutory rape could be pointed to by Curry’s attorney. | ||
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"I won the case by results only" McMaster stated after the hearing. "I can’t say that my presentation had much to do with it." McMaster continued: "At the end of the day, the record simply showed that the facts and the law were on my side and that became more and more apparent the more the opposing counsel spoke. It was really a ridiculous case to have to defend against, and I felt Judge Thompson took it seriously but also with some tongue-in-cheek humor." McMaster didn’t elaborate on that but some | "I won the case by results only" McMaster stated after the hearing. "I can’t say that my presentation had much to do with it." McMaster continued: "At the end of the day, the record simply showed that the facts and the law were on my side and that became more and more apparent the more the opposing counsel spoke. It was really a ridiculous case to have to defend against, and I felt Judge Thompson took it seriously but also with some tongue-in-cheek humor." McMaster didn’t elaborate on that but some excerpts of Judge Thompson’s interrogation of plaintiff’s counsel from the hearing shed some light on McMaster’s comment: | ||
<blockquote> | <blockquote> | ||
JUDGE THOMPSON: Do you think the word "dangerous" is libelous in and of itself?<br> | JUDGE THOMPSON: Do you think the word "dangerous" is libelous in and of itself?<br> | ||
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JUDGE THOMPSON: Okay. Let's go back to that era of human development that historians like to call "The Day." Ted Nugent wrote and recorded a song about his girlfriend. The title was "Little Miss Dangerous." Did he libel his girlfriend?<br> | JUDGE THOMPSON: Okay. Let's go back to that era of human development that historians like to call "The Day." Ted Nugent wrote and recorded a song about his girlfriend. The title was "Little Miss Dangerous." Did he libel his girlfriend?<br> | ||
PLAINTIFF'S ATTORNEY: | PLAINTIFF'S ATTORNEY: Ain't no doubt Teddy whips it out. That Ted Nugent?<ref>An apparent modified quote from the song [https://en.wikiquote.org/wiki/Ted_Nugent ''Free-For-All'' by Ted Nugent (1976)]("When in doubt I whip it out")</ref><br> | ||
JUDGE THOMPSON: That guy. Yah.<br> | JUDGE THOMPSON: That guy. Yah.<br> | ||
PLAINTIFF'S ATTORNEY: I'd have to hear the whole song . | PLAINTIFF'S ATTORNEY: I'd have to hear the whole song. I don't know the song.[Laughing] Can you play it for me?<br> | ||
JUDGE THOMPSON: Let's go to the other side of the record store. In the early 80s.<br> | JUDGE THOMPSON: No. Let's uh, let's go to the other side of the record store. In the early 80s.<br> | ||
PLAINTIFF'S ATTORNEY: There | PLAINTIFF'S ATTORNEY: There ain't record stores anymore.<br> | ||
JUDGE THOMPSON: Well, let's pretend we are back in 1984. There was an album called "Ice Cream | JUDGE THOMPSON: Well, let's pretend we are back in 1984. There was an album called "Ice Cream Castles" released by the band called "The Time," lead singer Morris Day.<br> | ||
PLAINTIFF'S ATTORNEY: Morris Day and The Time?<br> | PLAINTIFF'S ATTORNEY: Morris Day and The Time?<br> | ||
JUDGE THOMPSON: | JUDGE THOMPSON: Morris Day and The Time. The song "Jungle Love."<br> | ||
PLAINTIFF'S ATTORNEY: Yah.<br> | PLAINTIFF'S ATTORNEY: Yah.<br> | ||
JUDGE THOMPSON: First verse-- "I, I've been watching you. I think I wanna know ya, know ya. I said I, I'm a little dangerous. Girl I'd love to show ya, show ya . . . Jungle Love . . . [Inaudible][Laughing from courtroom audience]. Are we at a point | JUDGE THOMPSON: First verse-- "I, I've been watching you. I think I wanna know ya, know ya. I said I, I'm a little dangerous. Girl I'd love to show ya, show ya . . . Jungle Love . . . [Inaudible][Laughing from courtroom audience]. Are we at a point of human development in America where the word "dangerous" is libelous or is it a compliment in some aspects? Of course Day is complimenting himself.<br> | ||
PLAINTIFF'S ATTORNEY: Okay. | PLAINTIFF'S ATTORNEY: Okay. Again, you asked me the question if-- if you take the word dangerous out of context and just put dangerous, is it libelous? No . . . .<br> | ||
</blockquote> | </blockquote> | ||
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By | By [https://andyleewhite.com/ ''Andy Lee White''] | ||
[https://andyleewhite.com/ ''Andy Lee White''] | |||
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Coauthor of [https://andyleewhite.com/ '''Atlanta Pop in the '50s, '60s & '70s: The Magic of Bill Lowery'''] | Coauthor of [https://andyleewhite.com/ '''Atlanta Pop in the '50s, '60s & '70s: The Magic of Bill Lowery'''] | ||
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February 24, 2023 | |||
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