“the student speech at issue is constitutionally protected and Defendants did not publish that speech…”
Wow. Defamatory speech of the sort that accused the Gibsons of racial profiling is not constitutionally protected. Where did they get the idea that it is?
Also, that Raimondo publicly distributed the defamatory flyers indicates that Defendant did in fact “publish that speech.” This is not opinion but material fact, attested to by at least five eyewitnesses. IIRC, Raimondo herself admitted as much on the witness stand.
Where do they come up with such arguments? What are we missing here?
@chmcnm at #257, Oberlin was required to post a $36 million bond in order to progress to the next post-trial phase, and they did so. Not sure what happens if the appellate court opts to reinstate the judgement to the original $44 million (plus another $5-6 in Gibson legal costs). Will Oberlin appeal to the state supreme court and, if so, do they need to add another $15 mil to the coffers first?
Totally agree with @hebegebe - once you add in Oberlin’s own legal costs, Raimondo may, indeed, become the $60 Million Woman. Or - even better (and as a shout-out to my own fave '70’s TV show): The Myopic Woman.
“I also wonder whether, as part of Plan C, they are going to argue that context is important and that, by eschewing the political debate, the judge eliminated critical evidence to provide a contextual explanation of everything.”
Can you provide an example of a case in which the “contextual explanation” mitigated actual evidence of tortious or defamatory behavior?
Short of an emergency or life-threatening situation requiring desperate measures, I can’t think of one.
Then again, maybe Oberlin’s SJWs will argue that they were facing a “life-threatening situation” after the results of the 2016 election?
We heard of many students using that logic in Nov. 2016 in order to demand a pass from having to take exams or turn in term papers on time. But can a college and its officers actually put forward that kind of lame excuse without being laughed out of a court of law?
“Can you provide an example of a case in which the “contextual explanation” mitigated actual evidence of tortious or defamatory behavior?”
Well . . . . no. I can't. Judge didn't allow it in this case and IMO "context" might come up in sentencing for a criminal case but not exactly sure how it can circumvent the actual laws. But jury trials can be a crap shoot and it's always possible to confuse the jury or get their sympathy by introducing a red herring, if allowed.
Keep in mind that “context”, had it been allowed, would have been a two-way street. Gibson’s could have called a ton of witnesses to testify to both students and admin. working together on other protests to paint an explanation of political ideology driving this one to the point of malicious behavior. Judge wouldn’t allow it.
Should there be a new trial allowing such testimony it would devolve into a disordered mess which, of course, helps defense. Therefore, they kind of HAVE to ask for new trial LOL. Whether the appellate judges are willing to go near that request with a 300 ft. pole given the unanimous verdict is another matter. I would think they’d need a major screw-up on Miraldi’s part to make that even a remote possibility.
For some reason I can’t link to the video that Mr Gibson made and shared prior to his death. It’s easy to find on the internet, and it shows what a quietly noble, gracious man he was.
At this point, the Oberlin community not interested in being served by the Gibson’s as they have been serving them nothing but expensive problems these last few years. Statement makes no sense.
This death isn’t going to make any difference to the situation. Enough money at stake that the Gibson family will continue the fight. Untrue allegation that Oberlin was trying to outlast the senior Gibson in delay tactics.
@cptofthehouse, by “Oberlin community” Dave Gibson probably meant the city, not just Oberlin College.
Agree that David’s demise shouldn’t change the outcome or timing of the appeal, and it’s likely that OC would have appealed regardless of the health of David or Allyn, given the size of the judgement.
To get some context on the narrative that an out-of-control, identity-politics-obsessed, elitist, leftist college supported crazed students who attacked hardworking small businessmen in a near riot, just watch this Tucker Carlson segment, featuring William Jacobson of Legal Insurrection, whose reporting of the case features heavily in the media. It clarifies a lot about exactly who is celebrating the bizarre, excessive verdict that resulted from a trial that wouldn’t allow testimony on the core issue to be heard. https://youtu.be/evJIi6vwrCI
I don’t know about “context” and “narrative.” I do know that an extremely thorough judicial process clearly established that a major institution with vast resources maliciously and recklessly defamed, and tortiously interfered in the business relations of, a small family-owned local grocery. And that, even after the verdict, said institution continues to smear the family in the national press.
I think that information on admit rate or yield probably won’t be revealed until after the RD acceptance response deadline on May 1. A lot of schools are waiting with bated breath to see how this year’s incoming class sugars out. Even things like the recent announcement about immigration restrictions could affect whether some schools will need to go to waiting lists.
Sadly, Covid-19 is negatively affecting the revenue stream of every school.
I remember looking at Oberlin’s financials a while back. If I recall correctly, it had some real issues on an operating basis, and that was before COVID-19 and the inevitable hits its large endowment must have taken lately.
Between generous financial aid and merit scholarships, only about 10% of Oberlin families are full pay. Perhaps coincidentally, about 10% of the student body is international.
My guess is that it is going to have to dig deep down into the talent pool next year to find applicants who are willing to pay full freight. Especially as the international situation is going to be a big question mark. Should be a much easier admit for full pay kids than even now.
The most recent email from President Ambar to the community seemed to indicate that they were cautiously optimistic about the fall based on early data about students committing to Oberlin. I know several students finalizing their decision who are leaning towards Oberlin.
I’ve read through this whole stream (admittedly skimming some of the lengthier posts) and I’m curious what the general opinion is about whether to put Oberlin on someone’s list.
Please attempt to refrain from comments like “if student is SJW and full pay then it’s perfect for them” as that’s less informative than describing what’s going on from a student’s POV on campus
I would appreciate more nuanced comments that describe the atmosphere on campus for the students. For example:
“My son/daughter goes to class and studies and no one talks about this any more. I feel they are getting a good education.”
or from the opposite end of the spectrum:
“My son/daughter can’t think straight because this issue keeps coming up–in class, on campus, at the cafe, they are getting the tiki torches lighted tonight to do more protests.”
What is actually going on there on the ground? I ask this because for many reasons–outside of this issue–Oberlin is a lovely school.
Are you asking what the few students remaining on campus are doing? Hopefully they are social distancing and following the Ohio orders. Tiki torches unlikely.
Thanks for the funny and slightly snarky response @CheddarcheeseMN . I am asking for those who can remember 3-4 weeks earlier and before, in their experience, what was the campus culture and experience like. Thank you for allowing me to clarify.
Second: Can they remain viable without significantly lowering academic standards for whom they admit?
Based on what was publicly disclosed about their finances before the crisis, and the size of the Gibson judgment, I suspect (though I don’t know) that Oberlin will not remain an elite institution without a very large infusion of cash from external sources. Appreciate any fact-based insights into the above.
@thibault According to the Oberlin website, the total endowment was $887.4 million as of June 30 2018. I believe the Gibson judgement is $31.6 million. Why you think they will be needing a large cash infusion?