Crime
Supreme Court Tosses Civil Case Against Cosby
NNPA NEWSWIRE — Kathrine McKee is a former L.A. morning talk show host who alleges Cosby raped her in 1974 in a Detroit hotel room while she was on tour with Sammy Davis Jr., her boyfriend at the time.
By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia
The U.S. Supreme Court on Tuesday declined review of a case brought by Bill Cosby accuser Kathrine McKee (McKee v. Cosby), who alleged being defamed when Cosby’s attorney characterized her story of being raped four decades ago as a fabricated lie.
In writing the concurring opinion for the court, Justice Clarence Thomas states, “We did not begin meddling in this area until 1964, nearly 175 years after the First Amendment was ratified. The States are perfectly capable of striking an acceptable balance between encouraging robust public discourse and providing a meaningful remedy for reputational harm. We should reconsider our jurisprudence in this area.”
The denial comes five months after the comedian was sentenced to three-to-10 years in prison for aggravated indecent assault.
Before finally weighing in on McKee’s case, the justices deferred consideration nearly a dozen times over the course of several months, a move the Hollywood Reporter speculated could have been the result of sensitivity surrounding the Capitol Hill confirmation fight over Brett Kavanaugh, who himself was accused of sexual misconduct.
McKee is a former L.A. morning talk show host who alleges Cosby raped her in 1974 in a Detroit hotel room while she was on tour with Sammy Davis Jr., her boyfriend at the time.
Cosby has consistently denied all the allegations against him.
The question presented in McKee’s petition was “whether a victim of sexual misconduct who merely publicly states that she was victimized (i.e., #metoo) has thrust herself to the forefront of a public debate in an attempt to influence the outcome, thereby becoming a limited-purpose public figure who loses her right to recover for defamation absent a showing of actual malice by clear and convincing evidence.”
Cosby’s attorneys presented the question a little differently: “Whether an actress who uses her celebrity status to gain access to national media outlets in order to publicly accuse an international entertainer — already in the midst o a public controversy concerning allegations against him — of additional misconduct is a limited-purpose public figure for purposes of defamation analysis.”
In defamation law, plaintiffs must demonstrate actual malice on the part of public figure defendants in order to prevail in a defamation claim. The precedent was established under the 1964 New York Times Co. v. Sullivan decision and has been extended via several similar cases brought before the court during the intervening 55 years. Per Justice Thomas, “Like many plaintiffs subject to this ‘almost impossible’ standard, McKee was unable to make that showing.”
Applied here, that would mean the statement by Cosby’s ex-attorney Marty Singer, in response to press reports of the alleged rape of McKee by Cosby, was knowingly false or had recklessly disregarded the truth, according to the Hollywood Reporter.
“I agree with the Court’s decision not to take up that factbound question. I write to explain why, in an appropriate case, we should reconsider the precedents that require courts to ask it in the first place,” writes Thomas. “New York Times and the Court’s decisions extending it were policy-driven decisions masquerading as constitutional law. Instead of simply applying the First Amendment as it was understood by the people who ratified it, the Court fashioned its own ‘federal rule[s]’ by balancing the ‘competing values at stake in defamation suits.’”
In 2017, the First Circuit Court of Appeals ruled that McKee was a public figure and that she couldn’t demonstrate actual malice.
“I am grateful to the United States Supreme Court and to the federal courts in Massachusetts for upholding the law in this case. I thank each of the Justices for their ruling, which gives me renewed hope that the fair and impartial courts in this country will go on to deliver justice,” Cosby said in a statement released through his publicist on Tuesday.
“This is the very reason, why I, [Bill Cosby] have no remorse because I am innocent and will continue to channel the strength of the great political prisoners. Finally the truth is being allowed to be heard and read by the public,” Cosby said.
Activism
Oakland Post: Week of April 24 – 30, 2024
The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024
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Alameda County
DA Pamela Price Stands by Mom Who Lost Son to Gun Violence in Oakland
Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018.
Publisher’s note: Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018. The photo was too small for readers to see where the women were and what they were doing. Here we show Price and Jones as they complete a walk in memory of Scott. For more information and to contribute, please contact Carol Jones at 510-978-5517 at morefoundation.help@gmail.com. Courtesy photo.
California Black Media
Anti-Theft Bill with Jail-Time Requirement Gets Wide Ranging Support
Fed up with the alarming frequency of retail theft across California, including smash and grabs, a diverse group of business leaders, law enforcement officials, policymakers and public safety advocates joined their efforts in Sacramento on Jan. 24. Their purpose: to increase public support for Assembly Bill (AB) 1772, a bill that would make jail time mandatory for repeat theft offenders.
By California Black Media
Fed up with the alarming frequency of retail theft across California, including smash and grabs, a diverse group of business leaders, law enforcement officials, policymakers and public safety advocates joined their efforts in Sacramento on Jan. 24.
Their purpose: to increase public support for Assembly Bill (AB) 1772, a bill that would make jail time mandatory for repeat theft offenders.
Co-authored by Assemblymembers James C. Ramos (D-San Bernardino), Avelino Valencia (D-Anaheim) and Devon Mathis (R-Tulare), AB 1772 would require jail time “of one to three years for theft crimes depending upon the circumstances.
“Offenses would include grand theft, theft from an elder or dependent adult, theft or unauthorized use of a vehicle, burglary, carjacking, robbery, receiving stolen property, shoplifting or mail theft,” the bill language reads.
Ramos said the need to act is urgent.
“It’s time for us to reverse the spikes in theft crimes since the pandemic. Our law enforcement members and district attorneys need additional tools such as AB 1772. We must reverse the trend before the problem grows worse. Last year I requested a state audit of the impact of Prop 47 on Riverside and San Bernardino counties,” said Ramos.
Prop 47 is the California initiative, approved by voters in 2014, that reclassified some felonies to misdemeanors and raised the minimum amount for most misdemeanor thefts from $400 to $950.
According to a Public Policy Institute of California (PPIC) report, the rate of occurrence of petty crimes like shoplifting and commercial burglaries have increased by double digits over the last four years.
In Orange County alone, commercial burglaries have spiked by 54%.
“Our communities are experiencing an increase in retail crime and deserve appropriate action from their legislators,” Valencia said.
San Bernardino County Sheriff Shannon Dicus thanked Ramos.
“This bill, designed to impose stricter penalties on serial retail theft suspects, responds urgently to the escalating consequences of shoplifting and related crimes on our communities,” he said.
AB 1772 supporters who spoke at the gathering included Sacramento Sheriff Jim Cooper and San Bernardino Chief of Police Darren Goodman. Listed as supporters are the California State Sheriff’s Association, City of Riverside Police Chief Larry Gonzalez and Redlands Chamber of Commerce.
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