Deadspin Mocks New Owner Univision By Cleverly Reposting Deleted Mitch Williams Story As New Story About The Lawsuit
from the funny-how-that-works dept
Right, so remember how over the weekend the spineless execs at Univision decided to delete six articles from various Gawker properties? The reasoning made very little sense. The company claimed that since it had only agreed to acquire the assets of Gawker, but none of the liabilities, it felt that it needed to delete the six articles that were part of existing lawsuits (they also changed an image in one that was the subject of a copyright dispute). As we (and basically everyone else) pointed out, this was ridiculous on multiple levels. First, due to the single publication rule, any liability likely would be only for that initial publication. But, more importantly, the lawsuits in question were all pretty obviously bogus.Univision has been trying to go into damage control mode, including a long interview with JK Trotter at Gizmodo, answering a bunch of questions from angry Gawker reporters. Univision continues to stand by the line that this was solely and 100% about the terms of the transaction, in which they were not acquiring any liabilities, no matter how ridiculous those liabilities might be. They insisted there was no editorial analysis or First Amendment analysis -- it was just about the liabilities. Gawker's reporters are still not happy and have apparently discussed the possibility of a walkout. They've also directly posted their unhappiness about the decision.
But Timothy Burke at Deadspin (one of the former Gawker properties) took things one step further. Somewhat brilliantly, he's written a brand new article about the latest happenings in a lawsuit involving former Major League Baseball pitcher Mitch Williams. If you don't know, two of the articles that were taken down were about Williams, and he had sued Gawker over them. Of course, the court had already tossed out the claims against Gawker, since the statements made in the earlier Deadspin articles were all either substantially true or protected opinion. But the overall case continues. Williams is suing MLB Network, which fired him after Deadspin's original posts. So, in this new article about the lawsuit against MLB Network, Burke uses the opportunity to effectively repost every bit of content that was taken down by Univision management. And this is why it's clever: he's not just reposting it, but reposting it from the lawsuit. For example:
According to the lawsuit, Deadspin posted a follow-up article five days later titled “Witnesses: Mitch Williams Called Child ‘A Pussy,’ Ordered Beanball.” Here is that article as presented in Williams’s complaint (a transcribed version appears beneath it for readability):You can go to that article to see the images and the transcription, if you'd like.
Now, normally being too clever on something like this could backfire. Courts, especially, dislike people trying to game the system in this manner. But here, this is a pretty savvy move. After all, the statements in the article have already been declared protected speech and not defamatory. And Univision insists that it would actually defend reporters on any new stories. So, if there was a lawsuit over this new article (which seems unlikely anyway) it would be an opportunity to test Univision management on whether or not they'd really stand up for these kinds of stories.
Now, let's see if the other Gawker properties who had those other stories taken down figure out ways to do something similar...
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Filed Under: deadspin, defamation, journalism, liability, mitch williams, single publication
Companies: gawker, univision
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Every weasle has a stash of stuff they hide.
Or have them all defect to The Register where biting the hand is a given.
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I'd hate to be their boss
1. Univision has an actively rebellious employee specifically going around their superior's order to remove a story by using a technicality. There is also a contingent of old Gawker writers who are spreading out over other Gawker network sites, like the Concourse, who are trying to turn those subsites into Gawker 2.0. So how does this boss respond to a group of writers who do not want to listen, are openly going against orders and have been trained to do what they want?
2. How does that same boss also protect and encourage their journalistic freedoms?
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Re: I'd hate to be their boss
2. It's pretty clear that Univision doesn't much care for the whole 'journalistic freedoms' thing or protecting any journalists they employ. The company comes first, if that means muzzling the journalists to appease anyone who might threaten a lawsuit they're all for that.
Of course with the shift to a PR firm I'm not sure why they'd bother employing journalists anyway, so probably best for everyone if all the journalists left and looked for jobs elsewhere, so Univision can replace them with proper PR people.
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Re: I'd hate to be their boss
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Re: Re: I'd hate to be their boss
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The Hulk Hogan lawsuit has put the fear of God into media companies, and while you can (and should) argue that, as a matter of ethics, media companies shouldn't surrender to the chilling effect of lawsuits, as a matter of corporate prudence, that's exactly what they do. The Hulk Hogan lawsuit appeared "bogus" at its inception, but look what happened. Moreover, what is "bogus" to you or me is irrelevant, because the ultimate determination of bogosity gets made by 12 randos.
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Money is replaceable, a reputation not so much
If a company makes it clear that simply threatening a lawsuit is enough to make them drop a story, as Univision has done here, then the idea that they might ever report on or cover something that might upset someone(whether company or individual) becomes laughable.
At that point they're just publishing what people want them to, and that's not news, that's public relations, with the difference being that usually people have to pay PR firms, not just threaten them into working.
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Yeah, but the lawsuit remains against Gawker, the company, not Univision. Could they update the lawsuits to include Univision? Yes, but Univision should be able to get those tossed because of the first publication rule.
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So when will they re-up the Shiva Ayyadurai story?
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Re: So when will they re-up the Shiva Ayyadurai story?
He is not a filthy cockroach but he does exaggerate.
That he whinges (and files lawsuits) when called out for the exaggeration is worthy of much mockery but let's not make a martyr of him, okay?
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Re: Re: So when will they re-up the Shiva Ayyadurai story?
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Not how Single publication rule works...
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Re: Not how Single publication rule works...
Especially since I believe that no one (including Hogan) has won a defamation judgement against them yet.
And since the articles wouldn't be re-published (especially not in a significantly altered/updated form), that may not re-start the statute of limitations clock either just cuz ownership changed.
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