That said, that vagueness ought to mean it's only actionable if the claim being made is clearly incorrect, which is not the case here. No reasonable person would say "JKR is so obviously not a transphobe that no good faith interpretation of her actions would suggest she is one".
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Replying to @quantum_boulder @arthur_affect and
Perhaps not, but if you are grouped in with proven bigots in a published article in a lazy 'as with Picasso, Dali etc...' manner, it's a pretty clear attack.
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Replying to @VincentFletcher @arthur_affect and
I'm not arguing that it's not an attack, though -- I'm arguing that any reasonable person would at the barest minimum concede that it's a reasonable thing to believe and confidently assert, and should thus not be libellous on that basis alone.
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Replying to @quantum_boulder @VincentFletcher and
It's not libellous period Saying that JK Rowling is in some implied sense in the same category as Picasso and Wagner is not in any sense actionable It does not make any reference to specific facts that could be found objectively true or false It is an assessment of character
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Replying to @arthur_affect @quantum_boulder and
Then why does the owner of the publication (and let us not forget, ex-editor of revolting right wing Tory rag) The Daily Express disagree with you?pic.twitter.com/R1cZpAc7vC
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Replying to @VincentFletcher @quantum_boulder and
Because he doesn't want to go to court so he's saying whatever JK Rowling's lawyers told him to say you feckless dunce
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Replying to @arthur_affect @quantum_boulder and
Taking the buffet approach to the facts again there Arthur? Cases settled against your point of view = Poor bullied publication. Racism not proven in a court of law = Calling people a racist is fine and dandy.
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Replying to @VincentFletcher @quantum_boulder and
Yes, I am capable of forming opinions independent of what the courts say (or what the courts don't say when people decide they can't afford to go to court) I'm smart like that
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Replying to @arthur_affect @VincentFletcher and
Honestly if US case law also said that it's libel to call someone "racist" that would just mean the US was also wrong, as it has been many times throughout history I just brought that up because I bristle at being accused of ignorance about the law by the ignorant
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Replying to @arthur_affect @VincentFletcher and
I have to say though I would read hours of court transcripts of people trying to prove they're not racist.
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I think I would literally rather go to prison than sit through such a thing
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Replying to @arthur_affect @VincentFletcher and
Then you'd get bored in prison and end up reading it anyway.
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