Sex and Tampa Bay

Hello to everyone who is here after searching for more info on MJ’s lawsuit against Bubba. After reading the full lawsuit and consulting with my lawyer friends, I think I have a grasp on what is going on. Not that is makes it any less retarded. But, here are the facts in a handy, dandy FAQ format.

Q: What did Bubba say that was so terrible?

A: It isn’t one big thing, but a lot of little things. Bubba called MJ a liar, a snitch, and a midget. He also told his listeners to “greaze” MJ at the Gasparilla parade. The lawsuit suggests that this was a death threat, while Bubba maintains that “greaze” meant to raz and mock him. 

Michelle’s part of the suit involves times when Bubba, either himself or an email he read on air, referred to her as a whore. He’s also called her a whiny bitch.  

This isn’t the classic defamation case where you have a clear statement (such as in the case of Larry Flynt’s famous Hustler parody that said Jerry Falwell had sex with his mother) but a number of small jabs that are taken in total.

Q: Isn’t Bubba protected by Free Speech?

A: Maybe. There are certain types of speech that are not protected under the first amendment. These include fighting words, obscene speech, libel and slander. Speech that falls under these heading are not protected by free speech laws. MJ will be trying to prove that Bubba’s statements fall under one of these heading. The court will be the one that decides in the end.

Q: What are MJ’s chances in court?

A: It depends. From an outsider (the type of person who could be on the jury) the statements that Bubba has said don’t seem to rise to the level of fighting words or defamation. They seem to be opinions which are still legally protected speech. The thing that could throw a wrench into Bubba’s defense is the fact that MJ seems to be relying on a controversial part of communication law that involves “invasion of privacy by false light”.

Q: What the hell is that?

A: Basically, it’s stating that even if the facts are true, they are put together in a way that makes the subject appear in a false light. Typically, you need to prove that there is malice and the the statements are known to be untrue before you can prove a libel or slander case. But by using the false light doctrine you just need to show that the facts, when taken in total, make you appear a way that you aren’t.

Q: That’s a stupid law!

A: That’s not a question.

Q: OK, why do they have that stupid law?

A: Ideally, it’s to prevent the media from technically true statements that sound different than they are. For example, let’s say someone was ticketed for speeding in a school zone. The news reports it by saying, “The Police interviewed Mr. X for his involvement in a crime involving children.” The fact might be true, but the way it is presented creates a false light.

It doesn’t even have to be a negative light. A court in New York allowed a baseball player to sue a biographer who stated that he (the player) had been a war hero when he hadn’t.

Q: So, you think MJ can win because of this false light thing?

A: It is really hard to say. Juries can be highly subjective in this area. One thing on Bubba’s side is that MJ has a forum to correct the false light outside of the courts. It’s one thing when an average citizen finds themselves being show in a false way, and they have no remedy to correct that image than a lawsuit. MJ has 6 hours of time on the airwaves everyday to correct Bubba’s statements that he’s a little troll or a liar. Instead he went to court. Which sort of makes him look like a little troll.

Q: Isn’t this all just a big fake publicity stunt?

A: I doubt it. MJ and Bubba have a history of highly contentious behavior. Not only that but they work for rival companies. MJ is at Clear Channel and Bubba is on Cox. It is doubtful that they would work together on anything. It would be like Coke and Pepsi joining forces. It just doesn’t happen.

Q: I hate Bubba. I love MJ. I love Bubba.. I hate MJ. What do I do to help my side?

A: The best thing you can do is nothing. Things like going to the other guys message board and trolling will just make your guy look worse. Keep listening to your favorite show and let the courts settle this.

In December.

It’s going to be a long year.