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Monday, August 14, 2006

Did the State commit Libel?

As usual with libel cases, the answer is unclear.

The way that I understand libel law--and I know more about this than I ought to--is that libel against a public figure is difficult to prove because it must meet these standards:

(1) It has to be willfully, not mistakenly, false on a matter of fact not opinion
(2) For public figures--who have greater recourse in the press than private
individuals--the writing must do material harm to their reputation. In practice, I
think this means that a knowingly false statement demonstrably cost them money.


Whether or not it meets the legal definition of libel, Ross Shealy definitely took the low road by going after Karen Iocavelli for having Lyme Disease. He can say that her politics are goofy or mean-spirited or ill-informed, but going after people for being physically sick is, well, a little sick. Shealy might defend himself by saying that he only pointed it out because Iacovelli subsequently took a position on the Board of Advisiors for the Club for Growth. But everyone knows the difference between being on a corporate board and on one that's run by the government. The latter is far more inflexible.

So Shealy's excuse wouldn't wash. Making fun of a Lyme Disease patient is pretty low.

It would acquit his family name to apologize but I'm not expecting it.

Posted by Bill Smith at 1:02 PM | 33 comments

Comments:
Don't know much about this...didn't care enough to read Shealys' article (it was in "thestatemulletwrapper for Petes' sake!). But, have the pinheads on the editorial board at "thestatemulletwrapper" EVER apologized for any of the harm they or anyone else writing for this rag has done? Not in my recollection, and I don't expect they'll begin now. Heck, stooping to whatever snake-in-the-grass tactic they deem necessary to smear enemies and achieve their purposes is pretty standard with this bunch isn't it? Horrible and sad, but neither new nor surprising. You can bet that, were the tables turned and were it one of their wives who was smeared and ridiculed for being sick, they'd scream to high heaven. Warthens' faux outrage would deafening, and Scoppe would definitely be in an insufferable snit. It might actually be kinda fun to watch.

Proudly and Bravely signed: Fritz
# posted by Anonymous : 8/14/2006 06:16:00 PM
 
The low road is a well traveled path for third world propaganda ministers, wannabe political consultants and potty mouthed blog hosts. Bill-Fritz has experience in at least two of those areas. But let us keep this topical.

In this case we have to agree that it is odd to hear someone quit such a post (appointed by the Governor) for Lyme Disease. But debating this is simply a waste of our valuable time. Here is our valuable opinion.

First our sympathies to everyone who has Lyme Disease; particularly those who did not get the treatment early that usually cures it. We think it odd that someone who has suffered so severely from Lyme for so long would take on such an appointment they could not handle, but it happens.

Well, it could happen.

Second, our appreciation to the BBQ and Politics blog for posting this story and many other enlightening stories. We miss it already.
Good job, Ross. ;)

Finally, thank goodness she is gone. Now if the scam organizations like SCRG will stop trying to sell their voucher tripe to SC maybe we can get back to the progress our schools are making. Check out these sites for some truth without uninformed spin from Bill-Fritz and his masters.

CORRIDOR OF SHAME: The Neglect of South Carolina's Rural Schools
http://www.corridorofshame.com/

and visit this site

Beware of the Wolf: No Vouchers
http://www.choosechildrenfirst.com/
# posted by Anonymous : 8/14/2006 06:17:00 PM
 
What idiot would suggest that was libel? No way. It was responsible journalism. They just printed a well written letter that makes some very good points and that is right in line with what a lot of people are thinking. The State needs to keep up the good work.
# posted by Anonymous : 8/14/2006 11:58:00 PM
 
Ideally " progress" would mean that South Carolina wasn't last in education nationally. You're absolutely right...no one should tamper with this system that is obviously working so well!
# posted by Anonymous : 8/15/2006 01:45:00 PM
 
Ummm, I guess it works "well" for the 6 or 7 out of 10 young men who actually graduate high school in South Carolina...as long as you expand and water down the definition of "well" to include those below average SAT scores achieved by the lucky ones who DO actually graduate. We don't want to be too rigid with our definitions...we must be inclusive and celebrate diversity doncha know. Mustn't be pedantic or too demanding! The public education theocracy has a big stake in preserving the status quo, and we wouldn't actually want to raise standards and expectations by suggesting that parents and students have an educational choice or anything.
Proudly and Bravely signed: Fritz

"Sic transit gloria munde"

(Loosely: How quickly passes this beautiful world)
# posted by Anonymous : 8/15/2006 05:34:00 PM
 
"It's the poverty, stupid." Quit attacking our education system and help address the underlying social problems that are the real problem. The schools in SC that are not performing to standard are just a symptom of the underlying social problems that must be addressed in SC. Vouchers will not fix anything except allow tax kickbacks to fatten the pocketbooks of those who already send their kids to private schools. Like our Governor.

Before even considering scams like vouchers the citizens of SC need to commit to adequately funding all schools and to providing all students the support they need to be successful. Remember SC has only committed to a "minimally adequate education." Shame. For more truth see these sites.

CORRIDOR OF SHAME: The Neglect of South Carolina's Rural Schools
http://www.corridorofshame.com/

Beware of the Wolf: No Vouchers
http://www.choosechildrenfirst.com/

Real progress in being made in our public schools in spite of the shameful attacks against public education and educators by scam artists such as SCRG and their hired guns. To deny that progress is to lie. No one trusts you if you lie.
# posted by Anonymous : 8/15/2006 06:08:00 PM
 
Beg pardon, but I do my part to work hard and pay for the public education monstrosity in this state, so I believe I am quite at liberty to criticize it. I don't really care whether anyone trusts me or not...you don't and can't know me, nor I you, so trusting one another makes no practical sense. In here we just put forward our arguements and opinions and they are either believed and accepted or not. In my view, to believe that the dismal performance of students in our state education system is due exclusively to "poverty" and "underlying social problems" does at least two wrong things: First, it excuses the bloated, unresponsive and offtrack school system...you know, the bloated one that has over eighty legacy school districts, each with its' attendant administrative bureaucracy and duplication of efforts. Unresponsive, as it is the system that imposes silly "zero tolerance" policies against kids bringing plastic butter knives to school to spread jam on their crackers, yet can't countenance the idea that parents deserve notification every single time objectionable material is going to be "taught" which the parent may wish to opt their child out of. Offtrack in that it has to a large degree abandoned teaching principles that are known to work, in favor of new age, cutting edge foolishness that doesn't get the job done (2 plus 3 is 5. Not 4, and not 6. Not whatever you'd like it to be until we can convince you it's 5. It's 5 whether or not your feelings are hurt. Civilization stands or falls upon the fact that it's 5, and the sooner you accept it the better off you'll be) Excuse me, vouchers are scams? They aren't scams in the states where they've been tried, like Wisconsin. And you can bet parents in those states are participating in multitudes and droves because they see that public education, as it exists today, is now and will continue to be a failure, and these parents just want a decent education for their kids. Moreover, they're smart enough to realize that they're only going to get one shot at getting a good education for those youngins. To those parents in other states who are lucky enough to get a shot at vouchers and can get their kids into decent academic institutions, it has NOTHING to do with a "fat pocketbook" as you'd like to portray it, but EVERYTHING to do with what's best for their kids. This goes for black kids as well as white. Moreso for black moms and dads than white in Wisconsin, from what I've read and heard. The second wrong thing the "poverty and social problems" arguement does is deny literally hundreds of years of truth and experience we've had in this country. From the days of the colonies down to about 1950, affluence or lack of it has had little or no impact upon whether kids learned. Again it is the failure of the school system and it's pointed headed, indoctrination-oriented gurus, not society at large, that is essentially at fault. Phew! Glad I got that off my chest. By the way, are you a teacher at a public school? You seem to have a real "loveJones" going for the status quo with more money thrown at it. Fritz
# posted by Anonymous : 8/15/2006 06:51:00 PM
 
Whoa, what anger and rage. And, so long and hard to follow. SCRG must be paying Fritz-Bill by the word to recycle their vile rhetoric in his latest irrational rant.

Yes, it is poverty and some other underlying social ills that S.C. refuses to address properly that are holding back so many children in public schools in S.C. S.C. uses "minimally adequate" as the standard for public education, and our Legislature just wasted millions of our taxpayer dollars supporting the “minimally adequate” standard in a suit filed by rural school districts that are particularly underfunded. Shame.

We can never achieve excellence with the bar at "minimally adequate." Our Legislature has it in its power to make the changes that will give every child in S.C. a chance to be successful in school. Then we can talk about the voucher scams.

There is no monstrosity and nothing is bloated except the rabid irrational attacks against public education that Fritz-Bill and his SCRG masters are trying to pawn off on S.C. Read the truth at one of these sites:

CORRIDOR OF SHAME: The Neglect of South Carolina's Rural Schools
http://www.corridorofshame.com/

Beware of the Wolf: No Vouchers
http://www.choosechildrenfirst.com/

In conclusion this is to everyone working “proudly and bravely” and honestly to continue progress and continue to improve public education in S.C.

Non Illigitamus Carborundum

Fritz-Bill can get his SCRG masters to translate it for him.
# posted by Anonymous : 8/15/2006 08:53:00 PM
 
This blog is supposed to be about hating The State. But the host and his supporter are so easily distracted to attacking public education and supporting vouchers. The do write familiar rhetoric. Maybe this Bill or Fritz or whoever he is really does work for S.C. Responsible Government.
# posted by Anonymous : 8/15/2006 08:56:00 PM
 
Anger and rage? I thought I as quite calm about it. And piercingly on point.

"Rectum non bustus"

Fritz
# posted by Anonymous : 8/15/2006 08:58:00 PM
 
was
# posted by Anonymous : 8/15/2006 08:58:00 PM
 
This "anger and rage" thing has gotten me thinking. I was neither angry nor full of rage in my comments...I went back and read them and they don't appear that way. I know that I certainly felt no rage as I wrote them. Why then did ghosty make such a silly accusation? The visceral fear these people must have whenever a sacred golden cow is gored must drive them to wild accusation...arm waving and calling people poo-poo heads is not a substitute for cogent and piercing arguement. Propaganda websites written by people with vested interests in preserving the sorry status quo doesn't move the ball forward either. Sorry ghosty. No sale. Fritz
# posted by Anonymous : 8/15/2006 09:35:00 PM
 
Talking to SCRG- bashing anon is like talking to a parrot. It says the same thing over and over regardless of sense and logic.
# posted by Anonymous : 8/16/2006 10:13:00 AM
 
WORK for SCRG??? With my passionate dislike for public education as it presently exists in our state, I OUGHT to be the PRESIDENT of SCRG. Alas, they haven't called. I don't know why...Fritz
# posted by Anonymous : 8/16/2006 10:34:00 AM
 
To attack SC public education while denying that progress is being made is to lie or perhaps in this case it is just ignorance combined with blind obedience to the party line. The progress is real and obvious to any honest person who looks at the data.

Problems, yes. Progress, absolutely! Will vouchers help? No! Except to fuel more white flight. Then how do we help those left behind? Voucher scams will never help those left behind.

Fix the problems. Then we can talk about your voucher scams. The S.C. Legislature has consistently rejected voucher scams. They will continue to reject them.

We all know that third world propaganda ministers and wannabe political consultants never let honesty and truth get in the way of dealing with the public or in the way of their attack dog politics. Those truths are proven here regularly.

For the truth see these sites.

CORRIDOR OF SHAME: The Neglect of South Carolina's Rural Schools
http://www.corridorofshame.com/

Beware of the Wolf: No Vouchers
http://www.choosechildrenfirst.com/

But we still wonder why Fritz or Bill or whatever he calls himself is so distracted into attacking public education. What happened to attacking The State? Isn't that why we are all here? All Bill-Fritz has done here is parrot the SCRG nonsense regardless of common sense and logic. His blind obsession with attacking public education betrays the fact he is writing from his corner officer at SCRG.
# posted by Anonymous : 8/17/2006 05:00:00 PM
 
We know why.
# posted by Anonymous : 8/17/2006 05:17:00 PM
 
Why what?
# posted by Anonymous : 8/17/2006 06:55:00 PM
 
Anyone who looks at the data knows we are still last in education.
# posted by Anonymous : 8/18/2006 10:23:00 AM
 
Pee Wee said, I know you are, but what am I. We say everyone smart enough to honestly evaluate the data knows the progress is real and understands why we are where we are in education. It is dishonest to deny that progress and it really is shameful not to address the reasons. Vouchers are a scam, and they won't do anything to fix the issues. All they will do is fuel white flight. Those left behind would suffer even more. Is that what SCRG and voucher supporters are really after? These links tell the truth.

CORRIDOR OF SHAME: The Neglect of South Carolina's Rural Schools http://www.corridorofshame.com/
Beware of the Wolf: No Vouchers http://www.choosechildrenfirst.com/
# posted by Anonymous : 8/18/2006 12:52:00 PM
 
If our PUBLIC SCHOOLS are so great as The State maintains, why would people leave?
# posted by Anonymous : 8/18/2006 05:02:00 PM
 
We are sorry that only one word comes to mind regarding the last post: brainwashedidiot.
# posted by Anonymous : 8/19/2006 01:00:00 PM
 
I read the original post here but have not had time to read the others. From what I saw in the first post the thing that comes to my mind is that the author better be careful or the wrath of Daddy Shealy may fall on him like a ton of bricks for attacking one of his family.
# posted by Anonymous : 8/19/2006 08:44:00 PM
 
Don't kid yourself. The Shealy's will eat their own or spawn with snails for political profit.
# posted by Anonymous : 8/20/2006 12:49:00 AM
 
Written by a Shealy. Do you think Ross whould do that without Daddy's approval? No way.
# posted by Anonymous : 8/20/2006 01:03:00 AM
 
That brainwashedidot comment is right on.
Ted
# posted by Anonymous : 8/20/2006 02:03:00 PM
 
Who are you guys kidding. Everybody knows these blogs are created for political purposes. On both sides of the isle. This one's no different from the rest.
# posted by Anonymous : 8/20/2006 02:48:00 PM
 
"It's like the soda fountains of the 50's; it's where young people hang out." You jerks hide in plain sight.
# posted by Anonymous : 8/21/2006 01:07:00 AM
 
Where has white flight occured when school choice was offered?

Was it in Milwaukee? NO

Was it in Arizona? NO

Was it in Cleveland? NO

Was it in Florida? NO

If it hasn't happened in other places, why would it happen here?
# posted by Anonymous : 8/22/2006 12:45:00 PM
 
White flight started in S.C. over 30 years ago. It is a fact and everyone knows it. Visit rural public schools. Look at the student population and compare it to the local demographics of the area. Then go to the local private schools. Check the demographics. To proudly and bravely deny white flight makes you a liar. No one trusts or believes a liar. The voucher scams are a lie and will make white flight worse.

Set your mind free from the chains of the oppressors at SCRG. Visit these sites for the truth.

CORRIDOR OF SHAME: The Neglect of South Carolina's Rural Schools
http://www.corridorofshame.com/

Beware of the Wolf: No Vouchers
http://www.choosechildrenfirst.com/
# posted by Anonymous : 8/22/2006 02:15:00 PM
 
So what about white flight? If someone has the means to bail out of our atrocious public school system, more power to them. As an African-American I strongly resent people like you trying to set back efforts to finally give black students a shot at something better . If you think it's so unfair that white students get to have a private education while black students don't( as you put it), then why don't you give an element of choice to those kids who, thanks to patronizing bigots like you, don't have a chance. Why don't you go down the " corridor of shame" and tell all those children that they're stuck! Shame on you..
# posted by Anonymous : 8/22/2006 05:35:00 PM
 
That last post was such an obvious fake that is it not worth responding to. The last page in the wannabe political consultant handbook says that when you run out of SCRG propaganda and snake oil then you have to revert to the time honored fake post technique. Call the other person names and use the I know you are but what am I technique. Bill-Fritz will not earn his retainer fee with such weak posts.
# posted by Anonymous : 8/22/2006 07:30:00 PM
 
Hey, did you see where "Gervais" has a new pseudonym and didn't really give up blogging after all?
# posted by Anonymous : 9/05/2006 08:28:00 AM
 
What's his new blog?
# posted by Anonymous : 9/20/2006 09:55:00 PM
 
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