“I’m correct in seeking to inflict enormous reputational damage on you, therefore you are unjustified in responding with a threat of legal action, and your threat of legal action justifies me refusing to proactively examine promised exculpatory evidence” is the position I hear you endorsing, and I find it bizarre.
No! You can’t enter an adversarial frame, then object when people accurately treat it as adversarial and use their adversarial response as an excuse to avoid due diligence! That is not, or should not be, how any of this sort of investigative journalism works.
”I’m correct in seeking to inflict large reputational damage on you because I can back up my claims, but should escale with a threat of legal action without seemingly being likely to win it, your frivolous threat of legal action justifies me reducing my engagement with this process”
You’re right that I feel less certain of this. But I do think there is a difference between accusations you can back up and those you can’t.
I guess I don’t see it as adversarial to reveal the truth. I don’t sense Pace was being directed about this. The libel threat feels directed.
I guess I think you see the two parties as the the same in some key way. I don’t.
No. He knew he was operating on partial information; he knew they had a great deal of information they were willing to give him in a short time span; he had no way of evaluating the quality of the evidence they would give before they would give it. He was not justified in half-doing his job whether or not they were being unpleasant in response—a threat of legal action is emphatically not an excuse to avoid considering their evidence prior to publication or rushing publication unless it becomes clear they are unreasonably delaying. A week or two, in response to serious allegations, is not an unreasonable delay, and no matter the ultimate strength of their story he neglected his responsibility to proactively understand it.
When they asked for, and were denied, one week to compile evidence, I don’t think it’s reasonable to conclude much of anything based on the final response process taking longer.
It’s absolutely adversarial to reveal the truth if the truth is harmful to someone. It’s critical to distinguish between “adversarial” and “bad.” Choosing to investigate a group over a long period of time and then publish information to damage them is fundamentally an adversarial act. Not a bad thing, but for one who aims to practice investigative journalism, vital to keep in mind.
If your goal is to reveal the truth and not to inflict harm on someone, you should wait until you have all sides as thoroughly as you can reasonably get them, and not cut that process short when the party you are making allegations against responds with understandable antagonism—until and unless they refuse to cooperate further and have no more useful information to give.
I also want to add that I think the community in general has shown a mild failure in treating the legal action threat as evidence of wrongdoing even if the lawsuit would ultimately fail.
It is really bad to treat a libel suit threat as some horrible thing that no one “innocent” would ever do. It’s a form of demonizing anyone who has ever used or thought to use the legal system defensively.
Which if intended, seems to be fundentally missing what the point of a legal system should be. It is no doubt a problem that people with lots of power, whether it’s fame or money or whatever, are more likely to win legal battles.
But it’s also a way more truth oriented process than the court of public opinion. And many people who would have stood 0 chance of getting justice without it have gotten some through it.
Do such threats have a chilling effect on criticism? Of course, and that’s a problem, particularly if they’re used too often or too quickly.
But the solution cannot be “no one makes such threats no matter what.” Because then there’s no recourse but the court of public opinion, which is not something anyone should feel comfortable ceding their life and wellbeing to.
I think someone outside the community seeing this sort of reaction of people inside it being shunned, demonized, etc for threatening to use a very core right that they’re entitled to would likely find it… pretty sketchy.
Because it can easily be construed as “we resolve these things ‘in house,’ via our own methods. No need to get Outsiders involved.”
And man, it sure would be great if we had that sort of high trust effective investigation capability in the community.
But we really have not shown that capability yet, and even if we do, no one should feel like they’re giving up their basic rights to be a member of good standing in the community.
I think many if not most people in Emerson’s position, feeling like they were about to be lied about in a life-destroying way, had facts to rebut the lies, and were being essentially ignored in requests to clarify the truth, would think of legal action.
Whether they would be wrong in how easy it would be to win is a different issue entirely from that very (from base society perspective) normal view.
I think I agree with that. But I think legal action is a big escalation. If they’d said, “we asked for more time and didn’t get it” I think I’d have been a bit more on their side.
Or if it turned out the legal action was warranted.
“I’m correct in seeking to inflict enormous reputational damage on you, therefore you are unjustified in responding with a threat of legal action, and your threat of legal action justifies me refusing to proactively examine promised exculpatory evidence” is the position I hear you endorsing, and I find it bizarre.
No! You can’t enter an adversarial frame, then object when people accurately treat it as adversarial and use their adversarial response as an excuse to avoid due diligence! That is not, or should not be, how any of this sort of investigative journalism works.
How about
”I’m correct in seeking to inflict large reputational damage on you because I can back up my claims, but should escale with a threat of legal action without seemingly being likely to win it, your frivolous threat of legal action justifies me reducing my engagement with this process”
You’re right that I feel less certain of this. But I do think there is a difference between accusations you can back up and those you can’t.
I guess I don’t see it as adversarial to reveal the truth. I don’t sense Pace was being directed about this. The libel threat feels directed.
I guess I think you see the two parties as the the same in some key way. I don’t.
No. He knew he was operating on partial information; he knew they had a great deal of information they were willing to give him in a short time span; he had no way of evaluating the quality of the evidence they would give before they would give it. He was not justified in half-doing his job whether or not they were being unpleasant in response—a threat of legal action is emphatically not an excuse to avoid considering their evidence prior to publication or rushing publication unless it becomes clear they are unreasonably delaying. A week or two, in response to serious allegations, is not an unreasonable delay, and no matter the ultimate strength of their story he neglected his responsibility to proactively understand it.
This seems likely false given how long this process took.
I could agree, though it’s unclear when the threat was made. If after the initial call then this isn’t true.
Yeah I still think he should have initially offered a week. I say as much. On the shortening, i don’t know.
When they asked for, and were denied, one week to compile evidence, I don’t think it’s reasonable to conclude much of anything based on the final response process taking longer.
It’s absolutely adversarial to reveal the truth if the truth is harmful to someone. It’s critical to distinguish between “adversarial” and “bad.” Choosing to investigate a group over a long period of time and then publish information to damage them is fundamentally an adversarial act. Not a bad thing, but for one who aims to practice investigative journalism, vital to keep in mind.
If your goal is to reveal the truth and not to inflict harm on someone, you should wait until you have all sides as thoroughly as you can reasonably get them, and not cut that process short when the party you are making allegations against responds with understandable antagonism—until and unless they refuse to cooperate further and have no more useful information to give.
I also want to add that I think the community in general has shown a mild failure in treating the legal action threat as evidence of wrongdoing even if the lawsuit would ultimately fail.
It is really bad to treat a libel suit threat as some horrible thing that no one “innocent” would ever do. It’s a form of demonizing anyone who has ever used or thought to use the legal system defensively.
Which if intended, seems to be fundentally missing what the point of a legal system should be. It is no doubt a problem that people with lots of power, whether it’s fame or money or whatever, are more likely to win legal battles.
But it’s also a way more truth oriented process than the court of public opinion. And many people who would have stood 0 chance of getting justice without it have gotten some through it.
Do such threats have a chilling effect on criticism? Of course, and that’s a problem, particularly if they’re used too often or too quickly.
But the solution cannot be “no one makes such threats no matter what.” Because then there’s no recourse but the court of public opinion, which is not something anyone should feel comfortable ceding their life and wellbeing to.
I think someone outside the community seeing this sort of reaction of people inside it being shunned, demonized, etc for threatening to use a very core right that they’re entitled to would likely find it… pretty sketchy.
Because it can easily be construed as “we resolve these things ‘in house,’ via our own methods. No need to get Outsiders involved.”
And man, it sure would be great if we had that sort of high trust effective investigation capability in the community.
But we really have not shown that capability yet, and even if we do, no one should feel like they’re giving up their basic rights to be a member of good standing in the community.
I think many if not most people in Emerson’s position, feeling like they were about to be lied about in a life-destroying way, had facts to rebut the lies, and were being essentially ignored in requests to clarify the truth, would think of legal action.
Whether they would be wrong in how easy it would be to win is a different issue entirely from that very (from base society perspective) normal view.
What the legal system should be is irrelevant.
I think I agree with that. But I think legal action is a big escalation. If they’d said, “we asked for more time and didn’t get it” I think I’d have been a bit more on their side.
Or if it turned out the legal action was warranted.