1

I posted the following comment on Alice's video:

 

I wonder if the same people who want to remove videos of somebody speaking in their own words are willing to demand jihadis and domestic terrorists/anarchists remove their videos and snuff pr0n. Just askin'

2 I got notified when you put that up, eddie.  Oh, I needed a big smile and you brought one to my face.

3 "legally damaging to me" NO, his being stupid is pretty damaging.

4 Glad to help

5 I'm no lawyer but he's got no case, legal or otherwise.

He was using a freaking BULLHORN. In public. There is zero expectation of privacy. He's got no right to demand 'context'.

What a joke.

6 Humm, in a public place on a bull horn acting to bring attention to himself.  I think he is free game.  His words are what is damaging to him.  Perhaps he should not have said such things in public if he did not want them noted.  Humm?

7 I'm no lawyer, but my advice would be to tell him to take a long walk off a short pier.

Maybe you shouldn't shout things into a bullhorn if you don't want them disseminated..

8

Actual words on tape=distortion and slander

Olbermann and Couric butchering uip a Palin quote=Truth to Power!

9 The "legal" part may be that if this dumbass actually DID any of that, would this be tantamount to a confession for a military tribunal?

10 Talking out of your ass in public and then later, wishing you didn't is hardly grounds for a legal case to restrict broadcasting said public statements.  I wouldn't be surprised if that shitwad never spent a day in Iraq.  Either that, or he's related to John Kerry.

11 I just found a longer video, shot at the same time, that includes about a minute before and a minute after what I shot.  This will provide whatever context anyone might feel is missing.  It's considerably MORE damning, in my opinion. 

Funny that at the end of the video he asks everyone to bear witness to what he's said.

12 Wait! A Lefty wanting the crowd to "bear Witness" and "Testify". Kinda church-y, no?

13 Actions in the public domain. And now thanks to his attention bringing request, it will be viral in distribution and reach millions.

Techie is correct, the only damaging consequences are his alone to experience, but none of them likely of a legal nature. That is, unless Kristopher attempts to bring frivolous actions and is countered for fees and penalties.

LOL, sometimes this is the only way for the immature to learn reality.

14

Can we file a FOIA request to see if this guy even deployed?

 

I mean, if Joe the Plumber's files can leak to the media...

15

What a joke! What kind of context would make that any different? Maybe a sign he held up to begin with that said, "This is what idiots say." Yeah, maybe in THAT context.

Don't you dare remove that video. People have to live with what they say.

 

16 Any bets this donut never served?

17

http://revver.com/video/1136764/winter-soldier-kristofer-goldsmith/

 

Dan Riehl just emailed this to me and a few others

18

Oops. I think Alice and Ace already posted it

19 That's the same vid I mentioned in post 11, different site - I'm glad it's getting out.

20 Goldsmith is a crank. At his Winter Soldier testimony to Congress he told the assembled Congresswomen that he'd joined the Army because he wanted to "kill ragheads", but we shouldn't be afraid of him because he's not that person anymore.

This is a new story for him, one that he left out of his testimony. Probably because his original drivel consisted of the horrors of backed up toilets that we'd inflicted on the Iraqi people.

But don't worry. Maxine Waters promised him his benefits (he was dishonorably discharged). The link to my live blogging the Congressional testimony is here.

21 Correct Jonn's link. 

And it's a very good read.  Good background on this schmuck.

22

I don't see how he could have a claim.  But if you want to be safe, send him a message back saying something like:

"I don't see how a video of you speaking publicly with a bullhorn and asking others to bear witness for you could possibly be "legally damaging" to you.  However, if you think otherwise, I'm willing to keep an open mind to any arguments that this clip is "incomplete" or "out of context."  If you would like to make such arguments, email them to me and I'll listen.  If I agree, I will withdraw the clip.  I may even post your arguments or "context" alongside the video."

23 MANDATORY MASSIVE DISCLAIMER - I AM NOT YOUR LAWYER SRSLY IF YOU RELY ON THIS OMG THE HELL ARE YOU THINKING - ahem I may have paraphrased that a bit

He is in a public place.  You had every right to tape him.  It would be extremely difficult for him to make out a prima facie case for defamation unless you redacted portions in order to present him saying precisely the opposite of what he did - you know, like the Washington Post does about the CIA.

Again, not your lawyer and I don't really do a lot in the defamation/slander/etc field.  But this seem fair to me. 

24

Jonn,

As I posted on your (great) blog post, Golberg was apparently dishonorably discharged for "malingering."  That means he faked a physical or mental illness to avoid duty.  Specifically, he apparently faked a suicide attempt.  He claims he did not dispute the charges.

http://www.realchangenews.org/
2008/2008_03_26/soldier_v15n14.html

25 Alex, what do fair and the law have to do with each other?

26 MANDATORY MASSIVE DISCLAIMER - I AM NOT YOUR LAWYER SRSLY IF YOU RELY ON THIS OMG THE HELL ARE YOU THINKING

HAHAHAHA! That cracked me up.

27 Kristofer Goldsmith was dumb enough to stand out on the street with a bullhorn and tell his little sad story...and someone taped it, and now it's on the internet...WAAA...WAA....WAAAH.  Hopes his actions and words haunt him for quite some time...maybe he'll have nightmares over them....

28 Damnit, Alice, don't you know that there's a sacred right of privacy between a man and his bullhorn?

29 He's got as much of a case as he can bring to bear with money and political influence. It comes down to that. You can win anything if you're powerful and rich enough. But 99.9% of the time, the threatening letter and ominous sounding warnings are all people send out.

30 Damnit, Alice, don't you know that there's a sacred right of privacy between a man and his bullhorn?

Really? Good. Me and my umm... bullhorn... have had a lot of fun ...together.

31 As long as you were standing on public land you have a right to shoot whatever you want. That's how the paparazzi get away with what they do. Furthermore, you own the copyright to the video, so you are the only person who has a legitimate claim vis-a-vis whether it stays posted on the web. If YouTube takes direction from this clown it's not out of respect for copyright, but further proof that they're nothing but raging pinkos.

32 It would be extremely difficult for him to make out a prima facie case for defamation

I was thinking more likely appropriation or false light. But even those would be extremely tenuous cases unless Colorado's laws are unlike everywhere else.

That said I echo the Lady of Darkness and Light: I AM NOT YOUR LAWYER SRSLY IF YOU RELY ON THIS OMG THE HELL.

33 I wonder if this guy also takes to wearing medals and ribbons he didn't earn

34 No, not defamation to publish an unedited video of a public event.  Nor do you have an obligation to provide "context."

35 To be a little more technical, a defamatory "statement" must cause injury to reputation, which by definition cannot occur when the putative plaintiff is himself broadcasting this statement with a bullhorn.  Moreover, as the defendant, it must be shown that you knew, or should have known, that the statements were false before you committed the act of "publication."  That's impossible, when you were merely publishing a video of the plaintiff's own words.

In short, relax.

36 Tell him to suck the shit out of a pig's ass if he threatens you with legal action again.

37 Gabriel is right -- a "false light" claim is not going to workl.  It requires proof of "actual malice."   Actual malice is very high standard and an interesting concept, but long story short, it can't be shown here when you were just taping the antics of a jerk at a public event.

38 Also, I am a crimefighter.

I AM NOT YOUR LAWYER SRSLY IF YOU RELY ON THIS OMG THE HELL.

39 I heart you guys

40

You've got to be kidding me...This guy's request confirms that he is as "Simple" as his rhetoric! (Too many Michael Moore flicks i'd say)

Personally...I am glad he is not defending my country anymore. In the words of "The Donald"...You're Fired!!!

41

This guy is also, not surprisingly, a liar since the idea that Iraqis soldiers went out on patrol not noticing that the bolt was missing from their Ak's is baloney.

I call BS to his story.

42 You just handed him more air time. Good job. Looks like he won one over on you!

43 No, because now more people are (hopefully) going to look into his exploits, and expose him for the liar he is.

44 ..."This is the guilt that I live with for the rest of my life... "
LOL - he needs a Mydol and a cup full of STFU.
This asshat disgraces the uniform he is wearing.

45 Technically, he shouldn't be wearing it anymore.

46

Its highly unlikely anyone is going to find anything on this guy, we keep playing the Mcbeth tune while ignoring that we keep playingteh tune of one guy because there aren't others to go on. In the meantime this guy get more airtime. And all we have done is disrespect a veteran because we disagree with his politics. That makes this site like people who spit on vets.

 

Just because you disagree with thier politics doesn't give you right to insult or discredit the man. Say what you will of his politics, actually grow up and talk about his politics and stop insulting him. It makes you disagraceful.

 

He served. How many of you did?

47 My brother and I served. Hell, my brother just returned from Iraq. XBradTC served as well. And so did MCPO Airdale, Wickedpinto, and Mesablue, just for starters.

As for "insulting" him, he started it by demanding Alice remove a video she shot of him speaking in his own voice on a public street. All while still wearing a uniform (which he shouldn't have, due to his discharge) and accusing other soldiers of doing horrible things. Does that not qualify as a legitimate discussion?

48 You know, I've never served in the armed forces, but I don't think that disqualifies me from calling this guy an asshat for demanding that a video of himself shouting things into a bullhorn in a public place be taken down because he doesn't like the way it makes him look.

He had the right to speak his mind, and we all—whether we served or not—have the right to criticize what he said.

49 Once, there should have existed magical smurfs that try to theleport over the places that can never exist again.possibly nijas could put the fires out and get away Once there is a structural engineer that can work a auto so that the agency would love to finish.My freedom isunrealistically proped up of shipbuilding and relating my way.multi scale guitars

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52 Its highly unlikely anyone is going to find anything on this guy, we keep playing the Mcbeth tune while ignoring that we keep playingteh tune of one guy because there aren't others to go on. In the meantime this guy get more airtime. And all we have done is disrespect a veteran because we disagree with his politics. That makes this site like people who spit on vets.

53

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