Wednesday, May 13, 2015

A University of Virginia associate dean of students sues Rolling Stone for $7.5 million.

From the complaint:



Read Nicole Eramo's complaint here. And here's the WaPo article "U-Va. dean sues Rolling Stone for �false� portrayal in retracted rape story."

Click on the photo to enlarge and see how different they made her. It's not just the color and the background and the way the pen-holding hand looks more like a thumbs up and the outstretched hand is gone. It's those eyes.

Now, I can't imagine that manipulating a photo into an illustration is a tort... or I missed a big payday when I didn't sue Isthmus for this...



... but the complaint only says that the photo manipulation "demonstrates the lengths [Sabrina Rubin] Erdely and Rolling Stone were willing to go to portray Dean Eramo as a villain." The lawsuit is based on defamation, and you can got to paragraph 210 in the complaint for the full text of the quotes alleged to be false and defamatory. Eramo was said to have done "nothing" in response" to rape allegations and to have "brushed off" the complainant and tried to "suppress" the story to protect UVa's reputation.

Paragraph 203 of the complaint collects the worst of the email Eramo received, e.g., "You are a rape apologist & a FATASS. Enormous Eramo the wretched rape apologist. resign you vile worthless creature."

ADDED: Long but very concise: Eugene Volokh applies defamation doctrine to the specific allegations. Because of free-speech rights, the burdens are Eramo are heavy, and if you look at the particular statements one by one, you'll understand Volokh's bottom line: "Eramo could have a case, but it won�t be an easy one."
The court... will probably throw out the claims based on some of the statements, on the grounds that those statements don�t make factual claims about Eramo... And for the remaining statements, Eramo will have to show that they are false, and show by clear and convincing evidence that the defendants knew the statements were likely false.

I think that Eramo�s strongest claim is about the �Because nobody wants to send their daughter to the rape school,� because the allegation is clearly a factual claim about her. But even there, she would have to show she didn�t say it, and show by clear and convincing evidence that Erdely and the Rolling Stone editors knew that she likely didn�t say it, and that Jackie was lying (or misremembering).

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