Lawsuit: A Manually Stimulating Peacock
By now you all know about the bizarre lawsuit that the Scene and I are facing regarding this story about a stripper named Michelle Peacock who was arrested for offering to "manually stimulate" undercover Metro cops last year at Deja Vu strip club.
We probably shouldn’t comment here, except to point out this link to a legal blog that has an interesting take on the matter. They argue that because our reporting was based on public documents, something called the “fair report” privilege applies, and we’re in the clear. Here’s a snippet:
The “fair report” privilege does not extend to a report of a judicial proceeding that includes “any defamatory comments or observations.” The Tennessee Court of Appeals ruled last year that the privilege did not apply to a TV news report which included information from anonymous sources and a private conversation with a police officer. Lewis v. Newschannel 5 Network, 238 S.W.3d 270.But in commenting on Peacock's alleged mid-afternoon handjobs, The Nashville Scene didn't say anything that was not in the police reports. So the privilege clearly applies.
See you in court!
Category:
Law and Order
Comments
Good luck with this. When strippers and their lawyers file lawsuits knowing the law clearly doesn't support their claim, it seems like judges ought to be allowed to impose automatic civil penalties (above their own attorney fees and filing costs) if/when lawsuits are deemed frivoulous. For some of these lawyers and their clients, their day in court is nothing more than an advertisement to fellow low lifes for their respective services.
Why should law abiding reporters who share public records be forced to endure the cost of other people's wilfull ignorance of the law? If you are stupid enough that your life choices become a public matter for every Nashville tax payer you can expect the public details to be thouroughly examined in the press and those who ultimately pay the bill.
If y'all win, can't you file a countersuit (court cost, lost wages) so alleged manual stimulators scurring around alleys and parking lots will think twice before calling their leacherous lawyers? Make it cost more for alleged criminals to strong arm the press.
Posted 10/10/2008 at 12:59:27 PM