Saturday, February 23, 2019
TKC EXCLUSIVE!!! HERE'S WHY STEVE ROSE WILL WIN THE NEWSY LAWSUIT AGAINST KANSAS STATE SEN. DENNING!!!
Better than opinion, more useful then speculation, this week our blog community brought NEWS on one of the most important journalistic and 1st Amendment fights in the Kansas City metro.
Columnist Steve Rose shared his FIRST public rebuttal against a lawsuit from a Kansas State Senator.
Posted in fairness, The Kansas GOP shared an update to their arguments against the Kansas City Star.
Now, upon review of both sides of this debate, one thing remains clear:
STEVE ROSE WILL WIN THIS LAWSUIT WAGED BY KANSAS SEN. STEVE DENNING BECAUSE CONSTITUTIONALLY PROTECTED FREE SPEECH IS MORE IMPORTANT THAN A POLITICO'S HURT FEELINGS OVER AN ALLEGED MISQUOTE!!!
Let's break it down . . .
So-Called Journalistic Ethics Are A Bad Joke And Not Something Courts Decide
Did Steve Rose practice good journalism? Did he follow the arbitrary rules touted by some soulless corporation? WHO CARES??? Anybody hinging their case on "ethics" is building on sand.
Every defamation case basically comes down to the question of actual malice and provable damage to reputation.
The column written by Mr. Rose was, in fact, professional and took up a policy issue. The debate is over an off-record quote and the argument that Sen. Denning hasn't talked to Mr. Rose in years is beginning to fall apart in the opinion of this humble blogger. Mr. Rose denies the claims and it's clear that both the columnist and the politico have open lines of communication.
All of the e-mail back and forth isn't a smoking gun, in fact, it's proof that there is a continued conversation betwixt Mr. Rose & Mr. Denning's office.
As for any alleged damage to reputation - Every elected official gives up that protection the second they start running for public office.
Furthermore, noted FIRST on TKC anti-SLAPP protections offer Mr. Rose an even greater advantage against a politico who is playing newspaper editor with this foray into the world of journalism wherein he has little knowledge or experience.
Winner: Steve Rose - IMHO, the legal argument against him isn't just flimsy, it's non-existent.
The Kansas GOP Already Blinked
In their statement on the matter Kansas Republicans noted: "We're surprised at the tone the Kansas City Star has taken since the lawsuit was filed," (Kansas GOP leader Michael) Kuckelman explains.
Translation: They're scared.
The Star knows the case is fluff and they're already threatening Sen. Denning with the costly legal fees of their team, Kansas GOP leaders should know they're on shaky ground and now Steve Rose is calling them out in public.
In the most important passage from his recent note Mr. Rose noted:
"If anyone’s reputation has been damaged by these events, it is mine. I have been accused by Denning of fabricating an entire meeting, of making up the points he clearly did make, and of somehow “ruining” his reputation as a public leader whose views – unless he states now otherwise – are precisely now as they were then. Denning has maligned me. He has twisted the truth to my detriment. His grandstanding publicity has given him the blood he sought, even though his allegations are totally absurd."
More to the point . . .
THE KANSAS GOP RISK SERIOUS BLOW BACK NOW THAT STEVE ROSE IS RIGHTFULLY EMBOLDENED AND FIGHTING AGAINST THEIR CLAIMS!!!
Again and again, the prefect example of the difficulty of proving defamation in the political world is Stormy Daniels back on the stripper pole after her arguments against Prez Trump were dismissed. And the Commander-In-Chief is on the record calling her "horseface" for those who might not understand the difficulty of proving actual malice.
Finally . . .
Settle Down, The Anti-Climax Is Coming
Anybody who believes this argument is going to be settled in court is merely showing their ignorance. These cases rarely see much of a judge and seldom see a jury because productive people don't have time or money to sit around and debate journalistic ethics or how many angels can dance on the head of a pin.
Anything can happen in a courtroom and neither State Sen. Denning nor Mr. Rose are prepared to cast their fate to the wind or the whims of strangers.
Steve Rose doesn't write for The Star any longer and the Kansas GOP is more focused on winning back Johnson County -- This debate is simply another footnote in the history of local journalism.
And so, even this brief legal slap fight only proves captivating to so many out-of-work former Star reporters who struggle to find fulfilling jobs and either end up as occasional bloggers or washing cars - There's no shame in any kind of work but both professions don't hold the same self-importance of so many gilded cretins who call themselves "journalists" with a straight face.
And that's really the point here . . .
This argument exemplifies the battle betwixt the validity of public opinion vs. politicos. We realize that many among our blog community might disagree with our analysis but the basics should terrify anybody who truly values The Constitution, the 1st Amendment and Liberty.
The TLDR: A politico didn't like a quote so he sued.
The courts will not uphold the argument because it would have a chilling effect on any writing if that kind of flimsy standard was upheld. More importantly, we contend:
Conservatives would also lose if every controversial quote or even alleged misquote was subject to a courtroom fight.
Moreover . . .
As a participant of the political discourse, State Sen. Denning has volunteered to engage in contentious and vigorous arguments where facts and motives are hotly debated. His lawsuit not only betrays the Constitution but also his oath as a public servant.
For these reasons and many, many more it's clear that Steve Rose wins this lawsuit that will be settled in his favor sooner rather than later.
You decide . . .