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Old 07-13-2010, 12:24 PM
 
640 posts, read 388,218 times
Reputation: 89

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Quote:
Originally Posted by SourD View Post
It will get dropped when it goes to court the first day. O'Keefe's lawyer is going to have a field day with this one.
Let's wait and see.
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Old 07-13-2010, 12:24 PM
 
Location: Earth
24,620 posts, read 28,286,152 times
Reputation: 11416
Quote:
Originally Posted by swagger View Post
He also has to prove that he was in some way damaged by the act. No damage = no court victory.
Lost his job as a result of the tape.
That might equal damages.
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Old 07-13-2010, 12:28 PM
 
103 posts, read 91,703 times
Reputation: 24
Quote:
Originally Posted by SourD View Post
The law is all about evesdropping, if you were recording strangers having conversations, then the law applies. You can't eve's drop on your own conversation. This will get tossed.

"Although most of these statutes address wiretapping and eavesdropping -- listening in on conversations of others without their knowledge -- they usually apply to electronic recording of any conversations, including phone calls and in-person interviews."

"Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington. Be aware that you will sometimes hear these referred to inaccurately as “two-party consent” laws. If there are more than two people involved in the conversation, all must consent to the taping.

"Penalties for violations of the law are described, including criminal penalties and civil damages "

A Practical Guide to Taping Conversations in the 50 States and D.C. - Audio & Tape Analysis expert article by Steve Cain
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Old 07-13-2010, 12:31 PM
 
Location: Tyler, TX
23,861 posts, read 24,115,793 times
Reputation: 15135
Quote:
Originally Posted by chielgirl View Post
Lost his job as a result of the tape.
That might equal damages.
I would say his beef should be with ACORN, if everything I've read in this thread is true. He was only collecting evidence, right? He called the police immediately after they left, right? He's a stand-up guy, right? He should be suing ACORN if he believes he was wrongfully terminated.

As for the merits of this particular civil case, I wasn't speaking to that. I was merely correcting whoever it was I quoted that posted false/incomplete information about civil suits, that's all. In a civil suit, you have to incur some form of damage before you can be awarded any compensation...
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Old 07-13-2010, 12:35 PM
 
103 posts, read 91,703 times
Reputation: 24
Quote:
Originally Posted by swagger View Post
I would say his beef should be with ACORN, if everything I've read in this thread is true. He was only collecting evidence, right? He called the police immediately after they left, right? He's a stand-up guy, right? He should be suing ACORN if he believes he was wrongfully terminated.

As for the merits of this particular civil case, I wasn't speaking to that. I was merely correcting whoever it was I quoted that posted false/incomplete information about civil suits, that's all. In a civil suit, you have to incur some form of damage before you can be awarded any compensation...
According to California law, illegally taping conversations is a violation of your right to privacy. Plenty of courts have awarded settlements to plantiffs whose rights were violated. I don't see why this would be an exception. Plantiff also lost his job. He can also sue ACORN, and many plantiffs often sue multiple defendants. If I was him I'd sue them all, ACORN and Giles.

" violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party you to a civil lawsuit for damages by an injured party"

A Practical Guide to Taping Conversations in the 50 States and D.C. - Audio & Tape Analysis expert article by Steve Cain

Last edited by Sid and Nancy; 07-13-2010 at 12:45 PM..
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Old 07-13-2010, 12:44 PM
 
Location: Home, Home on the Front Range
25,826 posts, read 20,706,970 times
Reputation: 14818
Quote:
Originally Posted by swagger View Post
He also has to prove that he was in some way damaged by the act. No damage = no court victory.
Ah, he lost his job.
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Old 07-13-2010, 01:02 PM
 
Location: Texas State Fair
8,560 posts, read 11,216,280 times
Reputation: 4258
Quote:
Originally Posted by reconmark View Post
Spoiler
It pisses me off when women who have really contributed nothing finacially to a marriage and brought nothing financially into a marriage divorce the guy and think that they are entitled to half of whatever he's worth.


With that being said, after listening to Mel Gibson and his abuse I would give this woman damn near half of everything simply due to mental pain and suffering!!

Spoiler
She may have remained calm and reasonable because she knew she was recording him and wanted all the ammo she could get but even if that were the case, noboby put those words into Mel's mouth.

If this woman has been putting up with crap like this, it's time for her to have a pretty nice payday!!
Sounded to me like it was Gibson with the mental pain and suffering.
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Old 07-13-2010, 01:08 PM
 
Location: Metro-Detroit area
4,050 posts, read 3,960,239 times
Reputation: 2107
Quote:
Originally Posted by swagger View Post
Selective editing and lying by omission is perfectly acceptable - even awarded an Oscar - when it's done in support of left-wing causes. When done in support of right-wing causes, however, it's "illegal," "fabricated" and they "should sue."

Things that make you go, "Hmmm....."
This is a real easy question for you.
Instead of trying to defend this *****, why are you trying to spin it into a partison issue!!

Don't you have any sense of right or wrong??!!

What won't you attempt to justify, where's the line you won't cross??!!

Obviously lying, manipulation, and ruining honest people's lives are not the limit for you..what are the limits!!
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Old 07-13-2010, 01:48 PM
 
Location: Alameda, CA
7,605 posts, read 4,846,404 times
Reputation: 1438
Quote:
Originally Posted by SourD View Post
How did he come to this conclusion? You can't tell how much of anything was edited just by watching it. This is just an attempt to save embarassment by the guy who offered to get the girls smuggled in through Mexico.
You can read the details of the investigation at:

http://ag.ca.gov/cms_attachments/pre...orn_report.pdf
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Old 07-13-2010, 01:57 PM
 
Location: Alameda, CA
7,605 posts, read 4,846,404 times
Reputation: 1438
Quote:
Originally Posted by whatyousay View Post
You're making the assumption that there is a presumption of confidentiality which DOES NOT apply in the public arena. Can you say, frivolous and baseless lawsuit?
From the AG report:

San Diego: Recorded 08/18/09; Released 09/17/09.
On August 18, 2009, at approximately 5:00 p.m., O’Keefe and Giles visited the ACORN office in National City, California. Again, O’Keefe was wearing a hidden camera and recorded audio and video of the visit. (Unedited San Diego ACORN Video, August 18, 2009.)

At the office, they spoke with ACORN employee Juan Carlos Vera. We determined that Vera had been employed by ACORN for two to three years as a community organizer. The couple told Vera they wanted information about the first time home buyers program offered by ACORN. They went into Vera’s office, sat down, and began a conversation. (Interview with Juan Carlos Vera, November 19, 2009.)

Vera was fiddling with his cell phone during the beginning of the conversation. O’Keefe and Giles, apparently concerned that Vera was photographing or recording them, asked whether the conversation would be kept confidential and Vera agreed.
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