IMUS' LEGAL BLUFF - Jockeying Return to Air

[whopis01]

Source: NY Post

Imus is angling to get back on the air.

According to four sources close to the situation, Don Imus' lawyer, Martin Garbus, is trying to use the radio personality's impending lawsuit against CBS Radio, which hasn't been filed yet, as leverage for reinstatement.

"CBS is in violation of its contract with Imus," said a source, "so their view is risk losing $40 million or more in a lawsuit or bring him back."

Read more: http://www.nypost.com/seven/05182007/business/imus_legal_bluff_business_peter_lauria.htm

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This racist idiot needs to be off the air for good. He should be sued for every damn dollar he ever made spewing his racist hate speech.

[snappyturtle]

1. I think Imus made a racist remark but I do not think he is a racist. nt

[NJCher]

5. uhhh...

You might want to check out his background a little more.

I've been reading about his lawsuit since he threatened it. I think his assumptions are tenuous. It's really a stretch to think he can elbow his way back into national radio with a lawsuit of that is so questionable.



Cher

[whopis01]

15. Imus has made many racists remarks.

Not just one.

How long do you allow someone to repeatedly make racists statements before you consider them racist?

[snappyturtle]

24. Imus is an equal opportunity old man when it comes time to make

caustic remarks about many. Imus blathers and doesn't think about hurtful words but on the other hand he loved going head to head with Al Sharpton and endorsed Harold Ford. No I don't think he's a racist. The name calling needs to stop on all sides. If I had a dime for everytime a black comedian used the term, "honky" I'd have some savings. Honky is a demeaning term to me. All of this is just imho.

[TankLV]

56. Of course you are, honey...

But being a pampaered white person you know what is racist to other persons.

Gotcha.

[Honeycombe8]

61. I agree. Most who ranted against him haven't watched his show much...

if at all. He's in the entertainment business and is a shock jock. It wasn't a Michael Richards or a Mel Gibson rant. It was an attempt to be amusing and resulted in a slip of the tongue that was not at all amusing. It was awful.

I wonder how many of the people in Sharpton's mob that went after Imus (Imus and Sharpton have been enemies for some time, for other reasons)...continue to watch Mel Gibson movies?

Imus was truthful when he said he was a good person who did a bad thing.

[Donnachaidh]

2. of course, the NY Post, owned by Murdoch, would report this

After all, isn't it the freepers who want him re-instated? :shrug:

[Mike Daniels]

31. According to one poster here on DU

It was the Repubs who set him up to make racist statements so that he could be removed from the air since he was constantly bashing Bush.

[Donnachaidh]

42. what?

Now THAT'S convoluted logic! :eyes:

[FastHorizon]

43. No..

He bashed Bush and Cheney all the time... and endorsed Kerry in the 2004 election.

I don't know where everyone gets the idea that the right loves him.

[tularetom]

3. Maybe he can do a wolfowitz where CBS states he did nothing wrong

and he just goes the fuck away. Actually I think if the truth were known, they were looking for an excuse to dump his crappy show. IIRC, it was pretty close to the bottom in the ratings for its time slot in NY. It wasn't funny on its best day, and it got annoying when media assholes came on to kiss imus's ass. It was regionally syndicated but it was constantly shifting stations as one after another cancelled it.

[atreides1]

4. Any Lawyers out there

Under the law, what exactly could he be sued for? The last time I checked Free Speech, no matter how ignorant or unpalatable was still Free!

[NJCher]

6. it's not a free speech issue

He's maintaining that his contract required him to be controversial.



Cher

[no_hypocrisy]

46. OTOH, there may be a provision in the contract where Imus could

be fired if the network loses a certain amount of revenue via losing ad sponsors directly connected to his being controversial, he could be let go as breaching the contract. We don't know the contract and the other details.

[Bake]

9. Well, I'm one, and I know of no cause of action to sue Imus

Somebody posted that he - Imus - should be sued for every dime he's made. Sued by whom? And on what cause of action?

I guess maybe everyone should just jump on Imus and take his money, right? Just "because."

Looks to me like Imus is the one with a credible cause of action for breach of contract against CBS. From what I've seen of the contract, he'll win. But I can't see it ever getting that far. They'll settle.

Bake

[whopis01]

19. It is not a case of "just 'because'"

He should be sued by the women that he called "hos" for libel.

Certainly having someone falsely claim that you are a prostitute would constitute defamation of character.

[Bake]

32. Nice try, but probably wouldn't fly.

"Hos" arguably has several meanings, beyond the literal meaning "prostitute." Just an expression, if a distasteful one.

Bake

[SemperEadem]

53. list them

I'd be interested in reading that.

[TankLV]

57. Well, an agricultural tool, similar to a spade for one...

Then again, let's list all the meanings of "spade" while we're at it!

And we come full circle again...

This could be a "fun" exercise in futility!

[SemperEadem]

60. that is spelled "hoe", not "ho"

nice try...

[whopis01]

10. Freedom of speech does not apply to regulated mediums such as radio.

Freedom of speech does not just blindly allow you to say whatever you want, and certainly not over publicly owned mediums such as the air waves.

Would you suggest that all slander cases are unconstitutional because it is just Free Speech?

[NashVegas]

48. Bullfeathers

Or else we'd still have the Fairness Doctrine in play.

[whopis01]

50. You can not get on the radio and say anything you would like.

At least not without getting fined by the FCC.

If there is complete freedom of speech on the radio, how do you explain fines (for things said) levied against the people and companies that operate on the radio?

Freedom of speech means that I can walk around wearing t-shirt with whatever message I would like to have written on it. It doesn't mean that I can walk up to a public building and write that message on the side of it.

[NashVegas]

52. Tell It to Rush

Distributor of "Barack the Magic Negro."

[SemperEadem]

54. his rights to free speech haven't been touched

he is free to stand on any street corner--even on his own front porch if he so chooses--and say whatever the eff he wants to say... what he DOESN'T have a right to is the broadcast or distribution/dissemination of said speech. THAT is the glaring difference here. No one has that as a constitutional right.

And besides--this is about CBS losing ad revenue because the sponsors weren't willing to have their bottom line impacted by boycotts of their products by people offended by CBS choosing to distribute/broadcast Imus' free speech.

[Judi Lynn]

7. Your description fits him perfectly.He's a hateful, empty, destructive asshole. n/t

[Catherine Vincent]

8. Careful.

Imus has plenty of fans here, bigot or not.

[whopis01]

12. I'm certainly not worried about offending anyone who is a fan of his.

I see no point in wasting any effort trying not to upset anyone who is not offended by Imus and others like him.

[Catherine Vincent]

26. I know you're not worried.

Carry on.:)

[silvermachine]

34. Thank you...

...and well said.

[theoldman]

11. There are a lot of people worse than Imus who are still on the

air spewing their hate. I'll bet that CBS ends up paying him some money. I will also bet that someone else will hire him.

[whopis01]

13. Unfortunately I have to agree with you on all three points. n/t

[goclark]

14. I agree, he sure talks racist and sexist to me

I watched him early in the AM for several years and he made racist/sexist statements all the time.

He allowed his gang of thugs to say terrible things.

He would hide behind his friendship with Harold Ford to make some think he liked people of all colors but he did not fool me.

They would do a mean little routine about the Mayor of New Orleans . They would make his voice sound real slow like Amos and Andy. Make the voice sound as if the Mayor was stupid.

Racist to the core!

They would all fall out laughing!

The only one that did not outwardly fall in his chair laughing at their"below the belt" remarks was the one who read the news. But even he allowed it to happen without rejecting it in some way.

As an African American I think I know a tiny bit about racism, it stings and it hurts.

That's why I would send emails and call MSNBC when they would go way over the line.

Never got a reply and it kept on going as always until the Rutgers incident. So, IMO, MSNBC was just as guilty to allow it to continue.

IMUS and his gang were a bunch of bullies and he should never be allowed to come back.

In many ways he was/is worse than Rush and that is low to the ground.

[whopis01]

17. He is worse than Rush in many ways.

In fact, the only thing that makes me feel that Rush is a bigger problem is that while Imus is generally viewed as an entertainer by those who like him, Rush is viewed as an intellectual and informer by those who like him.

At least amongst those I knew who liked Imus, they didn't choose to live their life by what he said... unlike many of those who I know that like Rush.

[TankLV]

59. No you don't know "racism" - aparently a white lady upthread is upset at all the time's she's

persecuted by the term "honky"!

I'm sure her ancestors were severely treated, too...

:sarcasm:

[Honeycombe8]

62. Af. Americans don't have the market cornered in discrimination.

Where is this "I'm more persecuted than anyone else" attitude coming from?

Everyone other than the white male has suffered in this and other countries at one time or another, because of discrimination.

It's not a contest, you know. It's racist, in fact, to call someone a name for voicing an opinion that she doesn't think a statement is racist. There are all sorts of derogatory names and people who are maligned: fat people, Af. Americans, Asians, hispanics, women (of any race or ethnicity), short people, really unattractive people, the disabled, old people, etc., etc.

No one group has the discrimination market cornered. Read your history of our country. There was a time that it was legal for a husband to kill his wife, under certain circumstances. There was a time in some states, not too long ago, where married women could not inherit their family's property or even own property in her own name. There was a time, in this century, when black men were allowed to vote, but women of any race were not.

I personally have experienced discrimination. Was it worse or as bad as others' discrimination? Who knows? But it's not a contest.

[watercolors]

16. I for one, would like to see Imus back!

Limpballs and many others have said far worse things and hve got away with it. I see this as very political, Iman daily made his dislike for bush and cheney known.

[greyghost]

20. True...

That was the positive thing about him.:evilgrin:

Actually Imus' contract was structured to prevent CBS from doing what they did. In essence he had a NO CUT contract, for anything he said on air. They could suspend him and IF and ONLY IF he did it again could they fire him.

They are either going to pay him off or rehire him, he's in a NO LOSE situation.

[Raine]

36. I agree and they are still on the air

but Imus goes after chimp and cheney and he is off the air. All this makes me suspicious especially since CBS literally encouraged him to be controversial and insulting.

[leQ]

39. i agree with you. i watch iman usually when i get up that early.

he's not one that i would side with on every issue, but he does make some personalities take a hard look at themselves. he definitely says what's on his mind and with his background (drugs, alcohol) he's not ashamed to say where he stands.

[SemperEadem]

55. Would you be willing to bankroll him--out of your own savings

stocks, etc., to pay his salary, production costs and air time? See, I hear people say that all the time, but as of yet, I've seen no one put their money where their mouth is. Who is willing to bankroll him for an undetermined length of time to hear him? Would you liquidate your child's college fund or your retirement fund to bankroll Imus?

[Carni]

18. I don't care to see Imus back-but David Gregory SUCKED this week

Yep! God forbid--I have said it...David Gregory did a horrendous job anchoring this week.

He was boring and worse yet he didn't ask one hard hitting question of idiot's like Mary Matalin...just let her spew her BS ad nauseum.

I don't know if that dances with Rove deal corrupted him or what, but I was extremely disappointed!

Furthermore Scareybourough and his crew were not only demeaning as hell to this administration--they were also very funny, so funny and damaging to bush that previous right winged nut, or otherwise, I would watch that particular cast every morning!

And now I am sure I will get flamed and be accused of all kinds of nefarious activity.

[greyghost]

21. Not by me...

I'm in total agreement with you, Gregory bit the big one!

I'd rather see Scarborough in that slot, since there is no way they're going with Stephanie Miller.:evilgrin:

[greyghost]

22. Don Imus was...

smart enough to see this coming and had a "no fire" clause in his contract. CBS could not fire him without a warning. So when he said something offensive enough to be fired, they could only fire him if he repeated the very same statement after a suspension.

They're either going to pay him off, or rehire him.

Now I'm wondering if O&A did the samething.:evilgrin:

[leQ]

40. i wonder if cbs takes him back, will msnbc simulcast him? anybody hear about what msnbc has said?

[greyghost]

44. Imus was basically...

in the employ of CBS. His TV contract was on the side like Stern's.

I'm fairly positive that MSNBC is under no contractual obligation to him.

[FastHorizon]

45. O&A

got paid by CBS the last time they got fired. They signed a no compete clause and couldnt work anywhere else until their contract was up.

[greyghost]

49. Thanks...

I thought that they were, but wasn't sure.

[JimGinPA]

23. I watched his show regularly...

and he seemed to me an equal-opportunity offender. He would slam anyone, regardless of race, religion, or political affiliation. I happened to be watching the morning that his "offensive" remark was made and it seemed off-the-cuff, and really nothing more than an old white man trying to sound hip. I think the whole thing was blown way out of proportion myself, and I'm a little tired of the "feigned indignation" of people like Jesse Jackson & Al Sharpton, who never miss a chance to jump in front of a camera.

Comparing Imus to Rush is just ridiculous.

[theoldman]

25. I agree, it was an off the cuff remark. He screwed up. It was not

intentional. People say things like this every day. CBS was probably under pressure to fire him.

[Catherine Vincent]

27. "It was not intentional".

Yeah right.

[Phredicles]

28. Didn't he say he had a guy on his staff whose specific job was n***** jokes?

I seriously don't buy that it was unintentional.

[silvermachine]

35. Hey old fuck...drop dead

...hey, it was off the cuff.

[treestar]

29. Trying to shut people up, no matter how you disagree with them,

is not the way to attack it.

"spewing hate" - there are people who would use that label for opposition to the war, for example.

Thomas Jefferson said the only solution to freedom of speech is more speech - let them say it and then speak out arguing against it - why make them into martyrs for free speech - it's the same mentality the right wing uses.

Stopping people from saying unpleasant things will always result in disagreement over what is an unpleasant thing, drive negativity underground, where it will simmer, and give the stifled person a sense of persecution - the temporary satisfaction of trying to exclude that person isn't worth it.

[greyghost]

30. The picture...

of Pelosi and Chimp is PRICELESS!:rofl:

[silvermachine]

37. No one's trying to shut him up...

...Man, a lot of people have a real tenuous grasp on the concept of free speech. He can say whatever he wants. But he doesn't have to be paid for it if his employer chooses not to.

[Catchawave]

33. Nice surprise seeing Chris and Charles on Gregory's show

(Imus's sports guy and newsreader) this morning. I'm probably one of the few here that "got" Imus and enjoyed the interview parts of his show.

Hated Bernie and the bad impressionist though, even wrote some mail to viewer services about those dumbasses.

[amandabeech]

47. Yeah, Bernie was a complete a***hole.

I really wanted Imus to get rid of that guy. IMHO he was the true racist and got the whole thing going.

I agree with those who see Imus as an old and old-fashioned guy and an equal opportunity offender. However, he needed to be disciplined for this particular incident.

I don't have problems with bringing Imus back after a 3-6 month suspension so long as that Bernie creep isn't with him.

I loved to see Charles and Chris, even on the lame Gregory show.

[Raine]

38. What grounds are there for suing Imus

especially when he was encourgaged by CBS to be controversial? CBS are the one's who deserve to be sued which is exactly what Imus is doing and I hope he collects big from them.

[youngdem]

41. Sue him for what?

You don't believe in free speech?

He wasn't advocating violence or oppression. He just called them something that he shouldn't have. You shouldn't be able to be sued for that.

I hope that your sentiment is not widely shared.

Imus' contract called for him to be provocative and controversial....it's IN HIS CONTRACT. I don't agree with it, but it is a free country, right?

Also, CBS did not follow the sanction/warning procedures called for in his contract to cover events like the 'Nappy headed H$' incident, so Imus is going to be the one getting paid because CBS breached his contract under duress of public pressure. They know they are gonna pay him. This just posturing on Imus' part showing he still WANTS to work so CBS's conduct is preventing him from honoring his contract, cementing default by CBS and a judgment for Imus.

I don't understand the vitriol against Imus. He's an idiot, an uneducated, unintended bigot, and a clown. Rush is FAR more destructive, dangerous and malicious, and Hannity and dozens of similar types wish they were too, yet there is no outcry to silence these treasonous tools of the corporate oligarchy that run this country.

[Cheney Killed Bambi]

51. Breach of Contract

According to the article, he signed a contract that said if he damages CBS, he must pay for those damages. So, if the article is correct, it's not a free speech issue, but a contract issue.

[ShortnFiery]

58. If either CBS or MSNBC brings IMUS back, the advertisers will FEEL the blow-back.

The arrogant and lazy half dozen bloated white men who own the M$M best PAY ATTENTION to their advertisers because "the people" are livid and will not tolerate a return to "in our face" RACISM AND SEXISM. :(

Rich and boring is still a sickO way to go through life M$M CEOs. :puke: