September 10, 2019

GIBSON’S BAKERY V. OBERLIN REVIEWED: Law geeks and people concerned with the “inmates running the asylums” theme at today’s college campuses might find this of interest.

It’s a “point/counterpoint” sort of piece where I was squared up against a University of Michigan Law Professor (a genuinely nice guy, but drowning in the Kool-Aid). He insisted — against the facts — that Oberlin was being “punished for the students’ speech.” That’s the narrative of the MSM, anyway.

I took issue with that:

The narrative that this case “holds a college responsible for the improper speech of its students” is not correct. While the plaintiffs’ painted such a picture in their Complaint, when you read the depos and trial transcript, you’ll see that it is undeniable that school officials did in fact print and distribute the defamatory flyer. The judge called this “indisputable” in the summary judgment opinion. At least 3 credible witnesses testified in depositions and at trial that Dean Raimondo and another school employee carried stacks of the flyers to the protest and handed them out, which satisfied the “publication” element in Ohio libel law. At trial, Raimondo said one of the witnesses (a local journalist) “was lying.” Additionally, the jury heard Leslie Lubinski, an administrative assistant in the Dean’s office, admit that school staff made additional photocopies of the flyer for the protesters. (Trial Tr. 5/30/19, pg. 62).

The refusal of media lawyers to admit reality (remember Gawker’s lawyers insisting that sex tapes of Hulk Hogan “served the public interest”?) and just baldly pretending the facts are not there is just as responsible for the public’s ever-dwindling lack of trust in what is supposed to be one of our most trusted institutions.

Who are you going to believe? Me, or your lying eyes?

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