Wednesday, August 13, 2008

Nancy Grace Showed Stressed Guest, She Committed Suicide

The guest may or may not be innocent. If guilty, her estate should not be rewarded with a money settlement.

Nancy Grace has immunity from the First Amendment Free Speech Clause, Freedom of the Press Clause. The plaintiff was a public figure per se. Any tort claim must overcome insurmountable NY Times barriers to defamation and intentional infliction of emotional distress, namely proof of actual malice. Actual malice means the defendant must admit knowledge of the falsehood of any allegations.

For the past 1000 years, the suicide act broke the chain of causality between defendant conduct and the death. The suicide is an intentional act by the plaintiff. In the past decade, appellate courts have made exceptions to this view for defendants who held themselves out to have special skills (therapists), had control of the body (jailers), or had special duties to the plaintiff (psychiatrists). These special duties are bogus and anti-scientific themselves. However, let's assume they are correct. Did Nancy Grace have any special duty to the plaintiff? Did she have any power over the defendant?

Should the immature response of the plaintiff get compensated?

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