funeralxempire wrote:
TheRobotLives wrote:
funeralxempire wrote:
Ultimately it's irrelevant if she's proven to be racist, that would only be relevant if she were being convicted of something.
It's going to come down to if Franklin Templeton defamed her. They didn't, they made a reasonable comment based upon her actions. She's welcome to insist she's not racist but that doesn't make comments to the contrary inherently defamatory. Lots of racists insist they're not.
I'll be surprised if her case isn't laughed out of court.
Franklin Templeton publicly tweeted that they're firing her, because they "don't tolerate racism".
She was mean to a black man, however, *meanness* is not racism.
It's defamation to make up defamatory lies about someone.

Her actions appear racist to reasonable observers, therefore it isn't defamation, therefore she doesn't have a case.
Setting aside your "understanding" of defamation (and your highly suspect definition of "reasonable"), the case is about more than just the claims of "racism". In fact, the closest it gets is in relation to the claimed "internal review" that was quoted as justifying the assertion, and whether it occurred.
And to try to pre-empt the inevitable claim: Opinion is not a defence against defamation, except in certain, limited areas...If an "opinion" is presented as being a factual statement, it is not considered an "opinion", but rather a statement of fact (see
https://en.wikipedia.org/wiki/Milkovich_v._Lorain_Journal_Co.:
Quote:
Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), was a United States Supreme Court case that rejected the argument that a separate opinion privilege existed against libel.
funeralxempire wrote:
The fact that you don't agree with that isn't enough to make it not be true.
The fact you don't understand what the case is actually about (and not aligned with your assumptions) doesn't make your views on it true. If you're interested, the "complaint" can be viewed at
https://legalinsurrection.com/wp-content/uploads/2021/05/Amy-Cooper-v.-Franklin-Templeton-Complaint.pdf - It won't change the minds of those who have fixed views, but may at least help them understand what it is really about...
I'm looking forward to the reply, as well as what will be included in the inevitable motion seeking the dismissal of the case - thus far only one side has been put forward, and it is difficult to come to a reasoned conclusion regarding the merits of it without knowing the view of the other party - Anyone claiming it will go a certain way, knowing only one side of the story, demonstrates a complete lack of objectivity regarding the case.
funeralxempire wrote:
We can bicker in circles some more or we can check back in after her case is dismissed.
Given there are 7 individual counts in the case, 2 specifically connected with the assertions of "racism" (and "internal review" that supposedly supported this), 3 related to race\sex discrimination (were she of another race\sex, would the same treatment have been received by her - which was the reason for asking those who were so certain of her "crime" whether her being a different race would affect their view of the circumstances involved, as this is what would be considered under those counts by the court), and 2 are "duty of care" related to her company facilitating the transmission of calls\SMS to her through publicly releasing her mobile number.
So, even if your subjective assertion that she was a "racist" were true, that would not result in her case being dismissed... And some of those other counts look quite interesting from an acadmic point of view (for instance: [to what extent] is an employer responsible for abusive calls\messages received by an employee through having published their contact number publicly)