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Old 12-15-2012, 03:54 PM   #16
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Default Re: So can Adam Lanza's brother sue?

Quote:
Originally Posted by ripthekik
He absolutely can. Having a profile picture on facebook is no grounds for the media to show it to the nation and label you a mass-murderer. He could talk about the psychological effect it had on him, the problems he will have to deal with from this, and he will get a big paycheck.

I don't think he'll need to go to court, as the media corporation doesn't want these type of attention. They'll gladly pay him and settle outside of court.

But again, it's not a slam dunk. The media could use public policy, as afterall, the news was generated to inform the public. It was also supplied by the police enforcement.

But that's the problem.. The media shouldn't be saying shit unless they know the info is 100%, think about the potential fear and harm they could have caused. What if his classmate or coworker(or w/e he was during the incident) saw the news and saw his name as the mass murderer? You don't think they'll be shitting bricks thinking he's going to let loose on them as well?
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Old 12-15-2012, 04:02 PM   #17
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Default Re: So can Adam Lanza's brother sue?

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Originally Posted by knickballer
But that's the problem.. The media shouldn't be saying shit unless they know the info is 100%, think about the potential fear and harm they could have caused. What if his classmate or coworker(or w/e he was during the incident) saw the news and saw his name as the mass murderer? You don't think they'll be shitting bricks thinking he's going to let loose on them as well?
Yeap, but the News media will probably have this covered by using the word suspect i.e. The suspected killer (his name, his picture) was found... etc etc

In their defense, it's not like they're out to get the guy right? They're doing their duties to inform the public, they can submit evidence that they got substantial probability it was the suspect (his ID was there) before they posted it on the news. Plus, can you really sue the media for false info? During times of emergency, such as 9/11, they have a lot of information which are not yet verified, and a lot probably couldn't be verified until a few days later. However it is their duty to inform the public about ongoing investigations and the current situation. You also cant sue the media if they reported a hurricane coming, but it eventually didn't come right?

I think it's arguable for both sides. But hey, the media corp is rich enough. I'd be happy to see another man get paid, so I hope he got a good lawyer and go gets his.
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Old 12-15-2012, 04:13 PM   #18
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Default Re: So can Adam Lanza's brother sue?

Quote:
Originally Posted by ripthekik
Yeap, but the News media will probably have this covered by using the word suspect i.e. The suspected killer (his name, his picture) was found... etc etc

In their defense, it's not like they're out to get the guy right? They're doing their duties to inform the public, they can submit evidence that they got substantial probability it was the suspect (his ID was there) before they posted it on the news. Plus, can you really sue the media for false info? During times of emergency, such as 9/11, they have a lot of information which are not yet verified, and a lot probably couldn't be verified until a few days later. However it is their duty to inform the public about ongoing investigations and the current situation. You also cant sue the media if they reported a hurricane coming, but it eventually didn't come right?

I think it's arguable for both sides. But hey, the media corp is rich enough. I'd be happy to see another man get paid, so I hope he got a good lawyer and go gets his.

richard jewell altho that was more of an extreme case.
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Old 12-15-2012, 04:25 PM   #19
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Default Re: So can Adam Lanza's brother sue?

I heard CNN say that they first saw his picture on Fox News, and they just ran with it, don't know if it's true, but I wouldn't be surprised to know Fox News reported yet another fake news.
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Old 12-15-2012, 04:26 PM   #20
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Default Re: So can Adam Lanza's brother sue?

Didn't his brother have his ID at the crime scene? Anyways, I'm sure the last thing on his mind is suing. Lawyers are probably lining up wanting to represent this guy in court.
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Old 12-15-2012, 04:36 PM   #21
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Default Re: So can Adam Lanza's brother sue?

Quote:
Originally Posted by Cangri
I heard CNN say that they first saw his picture on Fox News, and they just ran with it, don't know if it's true, but I wouldn't be surprised to know Fox News reported yet another fake news.
CBS was the first to report the name and picture

ihoopallday, yes he had his brothers ID, that's where the name originally released by the police came from
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Old 12-15-2012, 04:41 PM   #22
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Default Re: So can Adam Lanza's brother sue?

jus because his brother had his id on him doesnt allow the media deflamation of character, they had the guys facebook up there for the whole country to see and judge his face.

both him and his brother are above 18, adults, they are treated as individuals in court and would not matter if there brothers, he is not responsible for his brothers actions.
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Old 12-15-2012, 04:51 PM   #23
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Default Re: So can Adam Lanza's brother sue?

Quote:
Originally Posted by Godzuki
richard jewell altho that was more of an extreme case.
Yeap, they will definitely used jewell's cases in court as precedent. It seems in most of the cases the court ordered the media for a compensation payment. CNN decided to settle outside the court.

I guess it's fair for the guy the get some type of compensation. I don't think the media will have full liability though, they had grounds to believe he was the suspect.

Also, he could also get an injunction to get the media to clear his name. Along with some compensation, I think that's what the guy can get if he pursues (which he should).
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Old 12-15-2012, 05:14 PM   #24
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Default Re: So can Adam Lanza's brother sue?

Quote:
Originally Posted by ripthekik
Yeap, but the News media will probably have this covered by using the word suspect i.e. The suspected killer (his name, his picture) was found... etc etc

In their defense, it's not like they're out to get the guy right? They're doing their duties to inform the public, they can submit evidence that they got substantial probability it was the suspect (his ID was there) before they posted it on the news. Plus, can you really sue the media for false info? During times of emergency, such as 9/11, they have a lot of information which are not yet verified, and a lot probably couldn't be verified until a few days later. However it is their duty to inform the public about ongoing investigations and the current situation. You also cant sue the media if they reported a hurricane coming, but it eventually didn't come right?

I think it's arguable for both sides. But hey, the media corp is rich enough. I'd be happy to see another man get paid, so I hope he got a good lawyer and go gets his.
The guy could claim negligence and fraudulent misrepresentation and easily win a case.. He's gonna have some good lawyers jumping on this too. They'll do it for a big cut.
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Old 12-15-2012, 06:16 PM   #25
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Default Re: So can Adam Lanza's brother sue?

What a sad situation for this guy. He probably thought someone with his name killed a bunch of people, only later to find out it was your brother who killed them and also killed your mother.


His face was plastered all over the net, but I'm sure this guy wants to live the rest of his life in obscurity.
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Old 12-15-2012, 06:33 PM   #26
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Default Re: So can Adam Lanza's brother sue?

To answer the Op. no, not really. He could but it would be thrown out if he did. Better to make his money working with the media than against it in this case. He'll make more selling this story than he'd ever make trying to sue people protected by the first amendment.

To sue he'd have to prove several things or pass several challenges the primary being did the media act with malice he'd have to prove that they went out of their way to defame or smear his good name. Nearly impossible to do when the name came from a government authority and even harder when you look at in context of a breaking news story, Once the police changed the name so did the media

Second being did the media once they realized an error had been made repair the error or did they keep with the original story for an extended period of time. Extended period being a few days not a few hours

Did the media give him a chance or did they willfully deny him a chance to clear his name. Obviously this won't stand up because any media outlet in the country would or will have loved nothing more than to have him on air in front of a camera.

Basically he has no recourse because he'd have to prove the media did it on purpose, getting a name wrong in a breaking story is not against the law nor is it considered un-journalistic, all the outlets that reported it wrong in the first place retracted and fixed the error. He can't even go after Buzzfeed for breaking his facebook page or posting his pic because it's a public site.

If it's money he want's he'll get a lot more putting his story up to the highest bidder than banging his head against the wall in a losing effort

BTW this doesn't even began to compare to the Richard Jewell case so don't even bother with that nonsense
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Old 12-15-2012, 06:38 PM   #27
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Default Re: So can Adam Lanza's brother sue?

Can he not sue for defamation of character?
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Old 12-15-2012, 06:40 PM   #28
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Default Re: So can Adam Lanza's brother sue?

Quote:
Originally Posted by L.Kizzle
Pretty sure they weren't falsely reporting information.

No, they have just changed their story multiple times....

"It's Ryan Lanza....wait, it's his brother!"
"His dad was killed.....wait, his mom was killed"
"He drove to New Jersey before the killing....wait, no he didn't."
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Old 12-15-2012, 07:04 PM   #29
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Default Re: So can Adam Lanza's brother sue?

A libel case may have some merit. If I was him I'd be trying to disappear from the face of the earth right now. Move to Zimbabwe or something. Poor guy.
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Old 12-15-2012, 07:06 PM   #30
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Default Re: So can Adam Lanza's brother sue?

Quote:
Originally Posted by daily
Basically he has no recourse because he'd have to prove the media did it on purpose, getting a name wrong in a breaking story is not against the law nor is it considered un-journalistic, all the outlets that reported it wrong in the first place retracted and fixed the error. He can't even go after Buzzfeed for breaking his facebook page or posting his pic because it's a public site.

"Not un-journalistic" What are you talking about dude, it's a grotesque journalistic fuck up of the highest order.

They take unconfirmed, unreliable information from a single, unreliable source and immediately put it on air as established news. That runs completely against good journalistic practice. As a journalist when you obtain information from an indirect, unreliable source you better be damn sure to cross-reference that shit among multiple sources before you start plastering it all over the global media.

They reported 100% false information based on essentially a rumor, and it wasn't just an honest mistake either. It's a risk they consciously take, because breaking a story first is more important to them than doing their job in a proper and ethical way. The instances when this gambling blows up in their faces they absolutely deserve to take the full responsibility for the falsehoods they publish.
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