Anthony Rapp: Kevin Spacey Made A Sexual Advance Toward Me When I Was 14 — Page 10

TheSassySam said: "In response to libel/slander suits, they rarely go anywhere. Though, my favorite was when Liberace won a libel suit because somebody claimed he was gay. lol

The elements of libel include:

1. Someone made a statement;
2. that statement was published (spoken if slander, slander must includesomebody else besides the direct party listening to said statement);
3. the statement caused you, a person (not a company)injury;
4. the statement was false; and
5. the statement did not fall into a privileged category.

However, by the time these suits make their way through court, these matters are dealt with out-of-court. I could go more into it, if you all would like that, but it's quite boring (though, my nerdy self, LOVES IT!)"

Are you a lawyer? Or British? I ask because in cases such as Westmoreland v. CBS it was explained at length that the defendant has to "have known or reasonably should have known" that the statement was false. That doesn't strike me as a protected category such as "satire".

I'm not a lawyer, but bottom line: your #4 should include the fact that, in the U.S., the plaintiff must prove the defendant KNEW OR SHOULD HAVE KNOWN the statement was false. More than anything, as I understand it from reading, this is the stumbling block that stops slander/libel suits at the Motion for Summary Judgment phase.

Updated On: 11/6/17 at 03:24 AM

GavestonPS said: "Are you a lawyer? Or British? I ask because in cases such as Westmoreland v. CBS it was explained at length that the defendant has to "have known or reasonably should have known" that the statement was false. That doesn't strike me as a protected category such as 'satire'."

I'm not a lawyer, but bottom line: your #4 should include the fact that, in the U.S., the plaintiff must prove the defendant KNEW OR SHOULD HAVE KNOWN the statement was false.

Well, that depends on what you mean with your assertion. The plaintiff only has to prove the defendant was at the very least negligent in "publishing" the statement. "Should have known" actually means the plaintiff need only prove that the defendant didn't bother to "fact check" the statement.

But what's being slightly ignored with this discussion is that all the elements must be met for there to a finding in favor of the plaintiff in a defamation suit. If just one of those elements isn't proven, then there can be no finding in favor of the plaintiff. Most of the time it's the "injury" that's the hang-up (very similar to copyright infringement cases).

https://www.buzzfeed.com/kateaurthur/kevin-spacey-house-of-cards-set

Crossing Spacey could make things complicated. According to a fourth person who worked on House of Cards for only a few days during its run, but had knowledge of what went on there through the IATSE union, which represents crew members, a production assistant was fired during Season 2 after refusing Spacey's advances. This man was "repeatedly harassed," the source told BuzzFeed News, to go on Spacey's boat, and after the PA refused he suddenly no longer worked on the show. When reached on Wednesday to discuss his departure, the former PA wrote over text: "My lawyers told me to wait to hear from them before I talk to anyone. I apologize. Maybe tomorrow."



Beau Willimon, the House of Cards creator and executive producer, who ran the show for several seasons, issued a statement on Monday after Rapp had leveled his allegation against Spacey in BuzzFeed News. It read: "Anthony Rapp’s story is deeply troubling. During the time I worked with Kevin Spacey on House of Cards, I neither witnessed nor was aware of any inappropriate behavior on set or off. That said, I take reports of such behavior seriously and this is no exception. I feel for Mr. Rapp and I support his courage."

All three sources who spoke to BuzzFeed News disputed Willimon's account. "Bull****. Utter bull****. 100%," said the higher-level source, who saw Willimon witness Spacey's behavior.

Kad said: "GavestonPS said: "SmoothLover said: "I do wonder what the deciding moment was for Rapp when he decided to come out publically with the information after 30 years. It must have been a very difficult decision to make. To be a fly on the wall......"

In the original article, it is clear that the journalist is a friend of Rapp's and he had told her (IIRC it was a female writer) about the incident a couple of weeks earlier.

I am speculating, but I think the journalist/friend may have helped Rapp find the courage. Rapp himself also says, IIRC, that the Weinstein fuss helped him feel safe enough to think he might be believed over a powerful man."



In a link I posted earlier in this thread, it is shown that Rapp actually spoke of this incident with Spacey as early as 2001 in an interview with the Advocate- which redacted any information that would clearly identify Spacey (specifically, his name and movie credits).

Imagine being a victim and speaking out- only to seethe publication then redact the information.

"

I hadn't forgotten your post, Kad, and didn't mean to ignore it. Yes, I'm sure Rapp got the message from THE ADVOCATE redacting Spacey's name in 2001.

The Heather Unrah news conference today was just heartbreaking.

My take on the "speed" of Spacey's career demise. I believe the Hollywood Power Brokers always knew of Spacey's dirty secrets. However, once his behavior was made public by Rapp's statements, the Hollywood bigwigs had no choice but to sever ties and do this quickly. Unfortunately, many in our society live by the creed "it's not what you do, but what you get caught at". In Spacey's case, "it's what you get accused of".

Someone in a Tree2 said: "Agreed that Kevin Spacey has done despicable things formany decades, and caused untold harm to many young men that they are still living with. But I'm genuinely curious why the pitchforks came out for him so immediately and with such forceful finality. His career is over. Any comeback for him is inconceivable now.Yet haven't there been countless powerful men who have exploited/ molested/ rapedyoung women or men throughout the history of Hollywood, who have been treated with less swift and complete retribution by the world at large. (Bill Cosby and Donald Trump are just 2 that come immediately to mind.)

What sets Spacey apart, I wonder? I'm genuinely asking the question.

"

I mean, if we're being honest, homophobia probably played at least something of a role. Even though obviously assault is assault regardless of the genders of the people involved, a lot of people still have a predisposition, conscious or otherwise, against the concept of the "gay predator" that makes them react on a quick and visceral level. Which is one of many reasons I'm so angry that he tried to deflect attention from it by coming out.