The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Who Should Kyle Rittenhouse Sue First? Let Me Nominate Colin Kaepernick

Posted on | December 9, 2021 | Comments Off on Who Should Kyle Rittenhouse Sue First? Let Me Nominate Colin Kaepernick

How much money does the failed ex-NFL quarterback have? Kyle Rittenhouse’s lawyers should first (a) research Kaepernick’s net worth, then (b) sue him for that amount, and (c) take all his money.

People are going to have be schooled about libel, and it seems appropriate that Colin Kaepernick should be front of the class.

Although I’m not a lawyer, permit me to explain the “public figure” loophole in U.S. libel law, i.e., the Sullivan precedent. This is important to know — if someone is a “public figure,” a category that includes politicians and pro athletes, you can write damned near anything about them and have little risk of losing a libel suit, because the plaintiff in such a case must prove “actual malice.” People who are ignorant of libel law (a category that apparently includes a lot of blue-check Twitter types like Kaepernick) are prone to think they have license to say anything about anybody. But you can’t lie about an ordinary citizen the way the media lied about Donald Trump, which is why Nicholas Sandmann (a high school kid, not a public figure) ended up winning settlements from the Washington Post and CNN. Anyone who thinks it’s fair game to accuse Kyle Rittenhouse, an innocent teenager who was acquitted at trial, of being a “white supremacist” engaged in “terroristic acts” needs an education, and forcing Colin Kaepernick to defend those libelous claims in court would be a splendid educational opportunity.

Whatever else the flaws of “our current system” may be, it ought to function well enough to bankrupt Colin Kaepernick.

Good luck with that jury in Kenosha, Mr. Kaepernick.



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