What is Digg?88 Comments
- gumpreza, on 10/12/2007, -4/+53Not to excuse the filth of Don Imus, but some of Sharpton's comments have been incredibly racist.
- demicritter, on 10/12/2007, -5/+37Some of Sharpton's comments? Hahahaha. Al Charlatan, Poverty Pimp and Color Commentator for the left.
- CraigB12, on 10/12/2007, -1/+25""[Garbus is] a First Amendment lawyer who's argued many important cases," said Washington, D.C.-based attorney Lynne Bernabei, who has often represented plaintiffs in employment disputes. "I'm sure they're trying to make this a First Amendment case. But the airwaves are heavily regulated by the FCC."
That doesn't really matter becuase it wasn't the FCC that kicked him off the air. Had the FCC banned him, then he wouldn't have been able to recover the $40 million, but because it was CBS, he's going to get at least a good portion of that.
And yes, Les Moonves is a piece of *****. - Sumyunguy, on 10/12/2007, -2/+24RTFA - This isn't inherently a First Amendment question...
"The language [in the contract], according to this source...stipulates that Imus be given a warning before being fired for doing what he made a career out of - making off-color jokes. The source described it as a "dog has one-bite clause." A lawsuit could be filed within a month, this person predicted."
So basically, they CBS must provide Imus a warning saying "Hey Don, If you do that again you will be fired." If they did not do that with this instance I would say he has a very good leg to stand on. Somebody at CBS didn't read the fine print. - Akaji, on 10/12/2007, -3/+19It's probably worth mentioning, as always, that the FCC has no true constitutional right to regulate the airwaves - just a bunch of stupid politicians who decided that parents shouldn't be the ones regulating what their children see/hear.
- satanatnmtedu, on 10/12/2007, -2/+16@ thetaoofbill
His bosses still need to pay him if he did not violate his contract, and the contract requires payment if he is fired without just cause.
It has nothing to do with First Amendment rights. - JD52, on 10/12/2007, -4/+17Sharpton is a racist. The things Imus said we're slightly inappropriate. I say slightly because he was clearly quoting a movie many many people have seen and also quoted before. He should have had some punishment handed down to him he should not have lost his job.
- Trister0, on 10/12/2007, -2/+14@ all above.
RTFA! His contract with NBC said he would be warned before fired. This has nothing to do with freedom of speech. It is that they gave him no warning. Just fired him. He is a shock jock, he says things to shock people, they even allowed for it in his contract, saying he would be warned if he went too far. He was not warned, but fired. - Waterispoison, on 10/12/2007, -1/+9It's over, go back to myspace.
- johndi, on 10/12/2007, -4/+12When you hire someone to stir up controversy you shouldn't complain when they cause a *****. CBS got what they paid for and more. They need to pay up.
- ShrimpCrackers, on 10/12/2007, -3/+11The "Empire Strikes Back"? How is Imus the Empire in the first place? That should be CBS and the Media.
Look, there are Whites, Hispanics on that Rutgers team as well. The entire team isn't black! It was blown way out of proportion by the media.
Nappy Headed Ho's is hardly an insult to Black women versus what rappers have been calling Black women for ages. In fact I don't see the correlation with the word Nappy, Headed, or Ho's has to do with race what-so-ever. Yes its sexist but no worse than when any woman calls men, "Pigs". Plus take it into context, Imus apparently calls his wife Green Headed Ho because she's somewhat of an environmentalist.
Here is what was said on air and decide for yourself if it was some racist attack:
"IMUS: That's some rough girls from Rutgers. Man, they got tattoos and --
McGUIRK: Some hard-core hos.
IMUS: That's some nappy-headed hos there. I'm gonna tell you that now, man, that's some -- woo. And the girls from Tennessee, they all look cute, you know, so, like -- kinda like -- I don't know."
This is nothing versus what Sharpton goes around saying about Jews and Whites all the time which are indeed racist attacks. - Akaji, on 10/12/2007, -3/+11To reiterate demicritter's comment:
Some!? - reject5467, on 10/12/2007, -3/+10i still don't see the problem people have with Don Imus it was a JOKE people calm down already. It is the same as if a white person is watching BET's comicview and one of the comics says something stereotypical of white people. no one says anything about that.....
- Muyoso, on 10/12/2007, -1/+8Sorry, but the FCC cannot fine Imus for what he did. It was 100% within their guidelines. So when CBS tries to argue this, they will get torn up in court.
- vertinox, on 10/12/2007, -2/+7RFTA! It was in his contract they would warn him once, and then on next occurrence fire. He is going to sue because they broke the contract for not warning.
Nothing to do with First Amendment rights... - ubuwalker31, on 10/12/2007, -1/+6@merc2251
http://en.wikipedia.org/wiki/Hymie - I'm sure if you have watched the Godfather, you're familiar with Hyman Roth, the Jewish gangster. Hymie is a nickname for someone named Hyman...it isn't derogatory in and of itself, but racists, like Al Sharpton, use the term to disparage Jews...which is why when he said "Hymie Town" it was offensive...especially, since it was being used in the context of "All of these f*cking Jews in NYC, they control everything". THATS why it is offensive. - atdigg, on 10/12/2007, -3/+8That unless what he said didn't infringe any code of conduct...
- axpdocbrown, on 10/12/2007, -3/+7Most of you people are right, the lawsuit isn't a freedom of speech issue (though i bet it will be brought up in the trial alot) the issue is Imus needed notification and a warning prior to termination, and he wasn't given any.
However, the issue people keep trying to press here is whether or not Imus should have said what he said. I have news for all of you. Equal opportunity between blacks and whites doesn't mean blacks are allowed to be racist and whites aren't. More to the point, it doesn't mean blacks are the authority on racism either. What Imus said was STUPID, but Al Sharpton making every racist mole hill into a mountain is doing more damage to race relations than Imus' comments did I can tell you that much for sure. - KarbonKopy, on 10/12/2007, -3/+7Sharpton is more racist than anyone in the KKK. Where is he when there is a black committing a crime like this against a white or a another minority? Yeah thought so.
- gnawph2, on 10/12/2007, -0/+4What BS.
Maybe people are burying it down, maybe their algorithm decided it had its time?
I buried it. Tired of the code, and tired of infowars. - Nougat, on 10/12/2007, -0/+4@whane00 (#6475774)
No, I believe that was on the front page, and actual diggers - including me - buried it because it was stupid. - inactive, on 10/12/2007, -3/+7Wow..you are quite the slow person, aren't you? People moved on.
- inactive, on 10/12/2007, -4/+7Good for him. I hope he takes those bastards for all he can get from them and then goes to satellite.
- dustyshadow, on 10/12/2007, -1/+4"they dont have to keep him just because he doesnt "violate his contract"
you can be fired from your job at any time, especially if you do something the company finds inappropriate.
talk to one of your customers at your job and tell them they're an idiot. you probably haven't violated any contact, but you might get fired."
If the contract says the company must take certain steps before it fires him, then the company must take those steps. There are probably exceptions to this such as if he did something illegal but he did nothing illegal here. In general, you can contract anything. - kanabiis, on 10/12/2007, -4/+7Everyone keeps saying RACIST
rac·ism /ˈreɪsɪzəm/ Pronunciation Key - Show Spelled Pronunciation[rey-siz-uhm] Pronunciation Key - Show IPA Pronunciation
–noun
1. a belief or doctrine that inherent differences among the various human races determine cultural or individual achievement, usually involving the idea that one's own race is superior and has the right to rule others.
2. a policy, system of government, etc., based upon or fostering such a doctrine; discrimination.
3. hatred or intolerance of another race or other races.
To quote a great movie, "you keep saying that word, I do not think it means what you think it means"
I fail to see exactly how 'Nappy Headed Hos' is a racist remark, Do black people have some monopoly on nappy heads? Ive seen some nappy headed white girls, mexican girls, puerto rican girls, especially those hippy chicks that hang out at college coffie shops with those dreadlock looking things.. man THOSE are some nappy headed hos.
You can scream and yell all you want that it was a racist remark.. but I've got news for you... it wasnt. - ShtrMcGavin, on 10/12/2007, -1/+3I agree he said a couple years ago the New york is like "heimi town".. Which think is just as bad
- karmajunkie, on 10/12/2007, -2/+4As far as the FCC and the Constitution goes, while they have not explicit Consititutional power over the airwaves, they do have statutory authority as granted by Congress, which is *Congress's* constitutional power. So, indirectly, yes, they do have a constitutional power over the airwaves.
- jdibiase, on 10/12/2007, -1/+3His case is even better, because according to the article, language in his contract, "encouraged the radio host to be irreverent and engage in character attacks." That, with the failure to issue a warning, makes this a better case than many people believe.
And don't get confused because he hired a First Amendment attorney. This is not a First Amendment case, it seems, at least according to the article, that this is going to be a breach of contract case. I think he's hired a First Amendment attorney because there will need to be some evidence about if/how far past Imus went against any kind of code of conduct, or flew in the face of any previous warnings that CBS will try to use as satisfying the obligation to issue a warning.
It is well within the realm of possibility that CBS, after beginning to lose sponsors, decided to fire Imus without warning, and despite the requirement to issue such a warning, believing it better to not lose the sponsors, look like the "good guy" in this situation (which is debatable), even if they have to pay Imus what's left on the contract. Financially, it may have been in their best interest, even if they have to pay Imus. - Recluse, on 10/12/2007, -0/+2It's time to take the fight to them Imus!
- dchaosdx, on 10/12/2007, -2/+4the way i see it the following two statements are true.
1.) every person of color has made this joke or one similar to it: "how do you get a one-armed white man out of a tree? you wave at him!"
2.) every white person has made this joke or one similar to it: "how do you get a one-armed black man out of a tree? you wave at him!"
so we're all racist, including jesse jackson, al sharpton, and (insert the "speaker of the white people" here because i don't know who he is) We're all afraid of each other. Whites are afraid of blacks because "they might shank a foo" and blacks are afraid of whites because "the man's gonna take you down" and so on and so forth. everyone has their stereotypes, and everyone pokes fun at them. the only people that have it right are the south park guys because they make fun of EVERYONE and they dont single anyone out. - SoonerRoadie, on 10/12/2007, -0/+2iamjaredc: "they dont have to keep him just because he doesnt "violate his contract"
If you are an "at will" employee you can be fired at any time, for any reason, except a prohibited reason (race, national origin, sex, disability, etc.). The difference here is Imus was not an "at will" employee because he had an employment contract. So basically they do have to keep him unless violates a provision of the contract that allows the other party to terminate it. If they fire him for a reason not allowed by his contract they are in breach and would have to pay damages - in this case the salary that he would have received.
BTW, This is legal information - not legal advice. - uptown, on 10/12/2007, -0/+2Remember how all of the politicians were lining up to sponsor a "national conversation"? What a load of *****. Just the usual grandstanding for the sake of getting more votes.
- dchaosdx, on 10/12/2007, -2/+4all i can say is if i had a nickle for every time al sharpton pissed and moaned because someone not black said something about black people, i'd be freaking rich. oh, and if i had a nickle for every time al sharpton DIDNT piss and moan because someone black said something about non-black people, i'd be twice as freaking rich. racist piece o' trash.
- Kajun, on 10/12/2007, -1/+3Not if you have a contract that says you cant be fired without a warning first.
He deserves the money and he will get it.The comments were not racist but they were not needed. If it had been a womens volley ball team and they were white there would have been only maybe 20 people pissed at him. Since they were mostly black and he is an old white guy it became a big story. - TheTaoOfBill, on 10/12/2007, -9/+11While Imus does have freedom of speech nothing that happened violated his rights. He is allowed to say whatever he wants. But that doesn't mean his bosses still have to pay him for it if they no longer want to.
- satanatnmtedu, on 10/12/2007, -1/+2And, Rush says the same or worse daily. He isn't being threatened with termination. O'Reilly says similar or worse. No firing there. Michael Savage is the biggest tool on radio. No firing.
If Imus should have been fired, then these other asshats should be fired, too. Nonetheless, if you are fired and your employer violates your contract, then they are on the hook for your pay unless there are agreed upon provisions in said contract. - blaze4metal, on 10/12/2007, -0/+1Sharpton dragged this one out because he needed the attention diverted away from the fact that he made horrible remarks about the Duke lacrosse players.
- DiggmeisterJG, on 10/12/2007, -3/+4Strictly speaking, Imus was right with his original comments. America has far too many manly, brutish, unfeminine women, as well as too many promiscuous women who have slept with way too many men, and it's about time someone came out and said it.
I think his firing was overboard, this whole issue was overplayed, and he should get his job back. - m3th0dm4n, on 10/12/2007, -1/+2Live in exile with his 10 million a year? Yah sounds tough to me....
- jdibiase, on 10/12/2007, -1/+2I believe it was Jesse Jackson, not Al Sharpton, that referred to NYC as "hymie town"
- satanatnmtedu, on 10/12/2007, -1/+2If you have "riot" everyday, would that not become the normal behavior and you would have to go to even greater lengths to make a point? Such a reaction should be a rare event rather than a common one.
- tehbored, on 10/12/2007, -2/+3***** CBS. Imus didn't deserve firing, maybe a brief suspension, but certainly not firing! I hope he wins.
- norsurfit, on 10/12/2007, -1/+2From a legal perspective, this is *not* a First Amendment issue. A First Amendment violation can only happen when the *government* inflicts the harm. Clearly CBS is not the government, and I seriously doubt that Imus will be able to argue that CBS was acting as an extension of the government. Thus, from a First Amendment perspective, Imus' lawsuit will undoubtedly fail.
This leaves "breach of contract" as the most likely reasonable claim. Of course, whether CBS's firing was a breach depends entirely upon what the contract said, and we don't know what that is.
In sum: First Amendment Claim - 0% chance, Breach of Contract Claim: Depends upon language of contract - cawpin, on 10/12/2007, -2/+3Except for the fact that he isn't a racist and he owns and operates a very successful ranch he could, I suppose.
- Kajun, on 10/12/2007, -2/+3Thank you!!!! If the shoe fits.... Seems there might be some others that could fit the "nappy headed ho's" label.
nappy:
adjective
1. (of hair) in small tight curls [syn: crisp]
Someone please explain the racial part of this to me. - satanatnmtedu, on 10/12/2007, -2/+3And, America has too many men that defend the double standard that it is great for a man to have many partners but a woman is a slut if she does the same thing.
- headbutt, on 10/12/2007, -2/+3Not a fan of Imus, but if you ask me Sharpton really made a mistake on this one. It's like nothing big was going on so he concocted and fired up a storm aimed at the easiest target. Way to waste your political capital, Sharpton. Next time you're in the news a lot of people who respected you in the past are going to think "Oh God, what's he whining about this time?" without even listening. Sharpton should've saved it for a more deserving target, like a dangerous, violent racist, or at least someone more highly esteemed than Don Imus. Oh well.
- jdibiase, on 10/12/2007, -1/+1@imamessy1 - when did the FCC rule that what Imus said was profanity? I hadn't heard that.
- inactive, on 10/12/2007, -2/+2Hope he includes that portly nappy headed nagger Al Sharpton.
- Pfhreak, on 10/12/2007, -1/+1Stop spamming that ***** story!
It's getting buried because it's lame, not because of some Big Brother conspiracy from the Digg admins. -
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