Defamation 101: A Lesson for Bristol Palin


Bristol Palin, the queen of deception and co-conspirator with Todd and Sarah Palin, has dedicated an entire post on her blog celebrating the bankruptcy of Gawker.  She identifies the need of Gawker to file bankruptcy due to being sued in court, and she identified 7 “lies” “about my family”.  She fails to mention that the suit had nothing to do with the Palin family.  Gawker filed Chapter 11 due to a $140 million dollar judgment awarded in a suit by Hulk Hogan that related to a 2012 post about a sex tape. 
The attorney in the suit cleverly crafted the allegations to exclude insurance coverage by Gawker’s insurance company to ensure that Gawker would bear the financial impact of a judgment.  However the actual allegation that resulted in the award was a claim for invasion of privacy, not defamation.  The case arose as a result of a tape made of Hogan having sex with his best friends wife which was made by his “best friend” .  It appears that neither Hulk or the the wife of his friend, DJ Bubba “The Love Sponge”, knew the tape was being made.
Thus, the claim against Gawker had nothing to do with lies and nothing to do with the Palins.  Yet Bristol made it all about the Palins, asserting that Gawker lied 7 times about her family.  According to Bristol these were the 7 “worst lies” published online about her family:

1. When they tried to make a conspiracy over the birth of my daughter

2.  When they called my mom a racist for saying the same words Carney said

3.  When they made fun of my mom for wanting to defeat ISIS

4. When they loved it that this media host suggested someone sh-t in my mom’s mouth

5. When they said my mom hated gay people

6. When they said Mom was hired at Fox News for her “tits”

7.  When they said I should’ve aborted my baby

At the outset, it is obvious that the allegations that Gawker lied regarding the Palins are clearly not statements of fact but clearly opinions.  For example, number 7, which was cited by Bristol as the most outrageous, was clearly an opinion rather than a fact.  The Palin family has been outspoken in its defense of 1st Amendment Rights.  To say that any publication should not be allowed to express the opinion of the writer would be, per-se, a violation of the writer’s 2nd amendment rights.

If anybody published a false statement of fact, there is a civil remedy available to the aggrieved party.  For example when Joe McGinniss published his book

joe mcginnis book

which included the statements that Sarah had snorted cocaine off a barrel drum in the Alaska  wilderness, had a one night stand with Glen Rice,

glen rice and palin

 

or an affair with Todd’s business partner,

brad hansenpalin brad hanson natl enquirer

 

a defamation suit could have been filed if any one of the statements was untrue.  In fact, Sarah’s attorney threatened to file suit.  Clearly she was aware of her right to file suit if the allegations were untrue.  However a defamation suit was never filed.

When the National Enquirer published a story regarding Todd’s business as a pimp, a defamation suit could have been filed.  It never was.

todd palin natl enquirer shailey tripp

In that case Sarah’s attorney never even threatened suit.  Truth is a defense to a defamation suit.  If suit is filed for defamation, depositions can be taken where people are sworn to tell the truth about the allegations.  For example each of the people identified by name, including a member of the Anchorage Police Department, in Shailey Tripp’s book could be subpoenaed to testify.  If they lied they could go to jail for perjury.

boys will be boys two

There is also a legal requirement that the injured party in a suit “mitigate damages.”  That means that an injured party has a duty to act reasonably to reduce damages they suffer if at all possible.  For example, if Todd was accused of being a pimp, and he was given an invitation to deny the allegations, he has an obligation to deny the allegations if he later plans to ask for damages resulting from defamation of his character.  That means that when I sent a letter to Todd and his attorney inviting them to deny the allegations of Shailey Tripp that he was her pimp, they had a legal obligation to deny the allegation to mitigate their damages, if they ever intended to sue me for defamation.  That letter was sent March 8, 2013.  More than three years have passed and I have received no denial from Todd or his attorney.  If Todd or his attorney had denied the allegations of Shailey Tripp, they might be exposed for a defamation suit themselves by Shailey Tripp.  They did not respond.  You can draw your own conclusions.

In May of 2013, I sent a letter to Sarah and her attorney, inviting a denial of the allegations of Shailey Tripp regarding a description of Todd’s anatomy. I also invited Ms. Palin to deny the assertion that she had a massage by Ms. Tripp a few weeks before she purportedly gave birth to Trig, and she declared at that time that she was NOT pregnant.   Again, no response was made by Sarah or her attorney.  That was over three years ago.  I indicated in that letter that I was planning to write a book, and would not want to assert anything that was not true.  Still no response came from Sarah or her attorney.

As a final comment, it is hard not to comment on Bristol’s assertion that there was a “conspiracy” over the birth date of her daughter.  Remember that (1) I personally called the hospital every day for two weeks before Bristol supposedly gave birth and was advised that they did not have a patient by the name of Bristol Palin, (2) there was the photo of the IV in Bristol’s hand that showed a November date when she purportedly gave birth to Sailor, and (3) there was the photo-shopped image of Bristol in the hospital with Sarah behind her which demonstrates the photo-shopping as a result of the IV in the wrong hand, and the colors of the wall to have been reversed!

 

Single mom Bristol Palin gives birth to her second child - daughter Sailor Grace - seven months after calling off her wedding to hero marine Dakota Meyer  Single mother Bristol Palin gives birth to her daughter Sailor Grace - seven months after NEW The 25-year-old welcomed her newborn baby girl one day before her due date on December 24. Bristol shared the happy news of Sailor's birth on her Instagram account on Thursday, saying she felt her 'family couldn't be more complete', however there was no sign of Dakota in the pictures, one of which featured her cradling her baby, while the other was of Sailor and her son Tripp. While announcing that she was expecting her second child out of wedlock, Bristol referred to the pregnancy as a 'huge disappointment' to her family. Bristol's first child, son Tripp, was born on December 27, 2008. His father is Bristol's ex-boyfriend Levi Johnson

bristol iv close upbristol photoshopped sailor birthbristol in bed with sailor ball showin g

 

The failure of Bristol Palin to understand the difference between a claim for defamation and intentional infliction of emotional distress is obvious.  The failure of Bristol to understand that “truth” is a defense to a defamation suit is equally obvious.  The failure of Todd and Sarah to offer any denial of the allegations of Shailey Tripp is clearly an indication they could never win a claim for defamation as they have failed to mitigate their damages.

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21 thoughts on “Defamation 101: A Lesson for Bristol Palin

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  1. 7 complaints about Gawker from Bristol Palin, however there were no lawsuits filed by the Palins? If Bristol Palin believes that all of her complaints were true, why were there no lawsuits?

    http://www.foxnews.com/entertainment/2016/04/06/sarah-palin-threatens-to-sue-azealia-banks-over-profanity-filled-tweets.html

    http://www.huffingtonpost.com/news/sarah-palin-lawsuit/

    http://www.dailykos.com/story/2009/7/4/750060/-

    Where are those lawsuits??? The Palins always wait for others to file lawsuits, then they play victims. DWTS should have sued Bristol Palin for fake dancing while pregnant in 2010.

    Like

  2. Malia I red the article a whole bunch of times and there a tons of mis steaks. The part where ailes liked sarahs tits is partly true. I was in his Trophy room. He has elk mounted on the wall and other things he has concurred in the past.

    It looks like a drycleaning store with all the panties and langeriay on the walls. Smack dab in the middle is where sarahs Belmont tities.are mounted above the fire place, there they sit.

    He has had the common decency to put them in mason jars filled with framaldihide.

    These are the limited addition Belmonts that dow corning issued.

    When I lost my position as the Bristol blog fact/lie checker the wheels have been coming off. Its simple math that an average first grader could do. We call it the simon and garfunkle defence. lie lie lie. = the truths

    Lie lie lie- la la la lu lu lu la lu lalu lu la la la lul- Lie lie lie.

    I have been working on Sarahs acceptance speech for the presidency. Its been tough finding a venue to give the speech. We found a church basement that will have an AA meeting on election night.

    They said that they will allow Sarah to speak freely. Todd is bringing the booze and drugs to help raise funds. He usually makes a killing. By the time you see a wink, a lip smack and a tounge flap the most devoted are chugging shots of anything they can get their hands on.

    We found Granny from “The Beverly Hillbillies” at the asylum in the social security fraud wing. Todd is going to load her up on the top of the truck along with Jethro ( Dakota) and get to the white house as fast as possible for move in day.

    I gotta get out of this place. the hand cuffs on my ankles are starting to itch.

    Like

  3. Malia,
    Why don’t they both get full time jobs so that they both don’t have time to STARE at the internet all day long?? And also, there are hundreds of websites out there that cannot stand Scarah and family, so they both shouldn’t pick at just Gawker!!!!!

    Like

    1. Yes, as all famous people know, bully sites are prevalent. Which is why all celebrities say if they want to feel bad for 5 minutes, they read comments written by deranged psychos with sad lives and live to hate. Nice projection though considering it’s you who seems to live online and to hate. Sarah enjoys her family and teaching her grandkids to love over judge and hate.

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      1. Polysigh,
        Hey, remember when Sarah said she was a journalism major with a minor in pol sci??

        That claim is as much a bullshit claim as everything you just wrote 😉

        Like

  4. “If anybody published a false statement of fact, there is a civil remedy available to the aggrieved party. ”

    Several years ago, before the View self-committed suicide by becoming the worst show, Whoopi spoke candidly about hacks who write unauthorized biographies about famous people. She said she’s looked into filing suit against several people, but ultimately chose against it because the process is long and often not worth it, because the victim of the unauthorized biography knows their life.
    That said, It was not a coincidence that Sarah’s brother and father wrote an honest book about their upbringing in Alaska. Chuck Jr was terribly upset people who don’t know them all lied about his family’s childhood, his parents, and his sister. He was PISSED Joe M printed the outrageous lie that Sally is a bad mom, something NO ONE who knows her would say. Joe M printed the lies surrounding the party 3 boys threw in the Morlock house, falsely alleging Willow had a role in it instead of showing up for 5 minutes and quickly leaving, something one of the boys later joked about when he was reminiscing about the greatest party ever thrown.

    And FTLOG, Sailor was born on Dec 23 2015. You were told nothing to protect the people inside the hospital. Just like how Sarah had security in the hospital in 2008 to keep gawkers away. Sarah also spent January and February defending her daughter and Levi when the media was writing bullshit. She even lied for Levi and said he was continuing online classes, to make him look better. He should be grateful for that. Until she started, via Tank, abusing her, she never badmouthed him. This is fact. Sherry admitted in early 2009 drama started when Sadie went on some solo vacation and trashed people in tabloids for cash. But that’s in the past and I would imagine Sadie in the last year has cleaned up her act. It may have taken her sister in law calling her white trash to do it, but let’s not judge.

    These are all good people. Your lies aren’t erasing the fact that Sarah is a good cook, makes amazing homemade bread according to the kids’ friends, and is a doting mother and grandmother. She has 3 responsible kids, grown with jobs and their own homes. Instead of continuing to bully people you will never meet, people who help people daily and work hard to support families, maybe you should concentrate on keeping Hillary accountable so she won’t revert back to her shady political practices. SHE actually has power and intelligent democrats even are appalled by her.

    Like

    1. Poly high

      Thank you for esplaining the palin tribe. Without your interpretation and road map through this we would be lost.

      Sometimes it’s hard to know if you are bobbing for apples or drowning in a cesspool. I like your interpretation better. Choking on an apple is far better and has less corn in it.

      Poly we need people like you to help us find our path. Sometimes that path is off a cliff but lemmings have been doing it for thousands of years.

      1 plus 1 equals 2 people can’t understand your deep incite in this family. They can only believe what they see, hear, investigate and validate. The don’t understand you have to have faith. You have to be void of reason. You have to listen to the bugs in your copulate and birth new logical thoughts. You are are hero.

      I am putting in a reccomendation for a metal from Todd our savior and landlord. May you live forth and prosper with a new metal bed pan. Please keep your thoughts coming.

      Don’t tire on this journey to help save this family. If you really get tired I will get someone to charge your electro shock therapy battery.

      Like

    2. Aliciasigh Are you off your meds again? You don’t know anything about the Palins’ private lives. When are you going to get your own life in order, moocher? Stop dragging your elderly parents down with you, slug.

      Like

    3. Why do you use so many different fake names, Alicia? We all know who you are. Too bad the hurricane did not transport you to another neighborhood. The locals in St. Augustine, Florida certainly must be tired of you. Why don’t you go find an alligator to play with?

      Like

    4. November 4, 2015 is Sailor’s birthday, FACT! A simple copy of her birth certificate would shut us up. But we all know that it will never happen. 10 to 1 that Dakota Meyer is not named as the father on the birth certificate. Sarah Palin jumped on the bandwagon to see President Obama’s birth certificate, but all of her grandkids’ b.c. s are sealed. Why are they even more secret than the President? Sarah Palin has never even shown a copy of Trig’s birth certificate, because she does not want to be exposed as the fraud that she is. polysigh/lucy in the sky/nincompoop/ Alicia Mangelsdorf is as crazy as Track Palin.

      Like

  5. Polysigh/Alicia the Palin Pitbull Do you ever stay around to respond to questions about your fabrications? Have you ever shown any proof of what you post?

    Like

  6. Malia – Good one! If I had more time I think I could come up with 7 things Sarah Palin has lied about with the first one being “death panels”.

    Like

    1. Sharon,
      Joe McGinniss already wrote a whole book about that. Come to think of it I think Geoffrey Dunn even titled his book the “Lies of Sarah Palin”, so they’ve done it for us!

      Like

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