Saturday, March 28, 2009

Courtey Love sued for libel (why am I not surprised?)

Courtney love is being sued in California for purportedly using online venues to assert that her former fashion designer, Dawn Simorangkir, is a "nasty lying hosebag thief." I'll just let that sit for a minute.

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Now for the technical legal analysis. "Nasty"? Opinion, no basis for legal action. "Lying"? More amenable to a claim, but it's easy to prove that you honestly believed someone to have been lying about something, so unless it is attached to a specific alleged lie, recovery is unlikely. "Hosebag"? According to Wiktionary (the dictionary component of Wikipedia) a "hosebag" is:

1. (slang) An undesirable, boorish, unintelligent, or objectionable person; often used in jest; a hoser.
2. (slang) A trashy, dirty, skanky or sexually loose woman.

Characterizing someone as being "sexually loose" used to be pretty much automatic grounds for a defamation suit, but "hosebag" is susceptible to multiple meanings, and ambiguity of that sort is construed against the plaintiff. So "hosebag" will be labelled opinion, no basis for suit. However, happily for Simorangkir, Love also allegedly "accused her of being a drug addict and a prostitute," and calling someone a prostitute is a pretty straightforward claim of sexual impropriety. Finally, "thief" implies a specific criminal act on the part of the subject, so that present a slam-dunk for a libel claim.