Bill Cosby Legal Allegations - Term Paper Example

Bill Cosby Legal Allegations and Laws that Apply to and Affect this Situation Introduction William Henry Cosby Jr., famously known as Bill Cosby is an American actor, stand- up comedian, activist, and author. He was born on July 12, 1937 and Americans celebrate him as the creature of some of the most affirming and warming clichés. His fans view him as an iconic and charming individual who has excelled in the field of the comedian. Many American sees him as a culturally important comedian that ever existed. Due to his age, he is often referred to as the “elder statesman of the entertainment industry” (Scocca). He has always been America’s ideal father until the sexual assault accusations that he has faced of recent. Several women have accused Bill Cosby of sexually assaulting them by use of drugs. The list has grown to13 plaintiffs with the latest being the two plaintiffs interviewed in Philadelphia and People magazines. The women that have claimed to be sexually assaulted by Cosby have grown to be more than 20 in number. Rights Bill Cosby Uses to Protect his Privacy The right to privacy holds that no person should experience not logical interference in his life. This right protects one’s privacy, correspondence, home, reputation, and honor. The law, therefore, should ensure the protection against such attacks or interferences. Bill Cosby has made efforts to see that his right to privacy is protected (Noorani 802). Bill Cosby has used his right of expression to protect his privacy in the cases of sexual assault. He has used this right to react to the accusers’ allegations by showing that they are liars. Bill Cosby’s act has aimed to gain and control the sympathy of the public and judicial process. He has painted the accusers as individuals who have hidden agendas of defaming him. This is by spoiling his reputation and honor that he has worked for long to gain. His act of doing this in the media is a technique that he uses to amplify his voice (Scocca). Bill Cosby has also used his right of self-defense to protect his privacy in the sexual assault accusation cases. For example, his lawyers’ call for dismissal of the defamation cases filed by the three women is an act of privacy protection. The lawyers argue the Cosby branding the women liars does not meet the defamation threshold. Bill’s statements were of self-defense, which is a privilege that should be provided to all the accused. In contrary, it is in Cosby’s rights to make self- defense utterances. According to his lawyers, the defamation claim on the act of self-defense will be a set of double standards. Hobson’s Choice supports the right of publicly denying the allegations and making a suit in relation to defamation (Flynn). Bill Cosby’s Privacy Violation The sexual assault accusation has violated Bill Cosby’s right to privacy to a greater extent. The women did not make the allegation at the time that the act occurred but rather after a long period. The plaintiffs do not show the logic in taking the long to file the charges. Instead has made the Bill Cosby’s honor and reputation to be set on jeopardy. Bill’s privacy, correspondence, and home have also been affected to a larger extent by the allegations (Dillon). Issues of Privacy and Defamation on Cosby’s Case Cosby’s case has elements of both defamation and privacy issues as the major aspects. Bill Cosby privacy has been impacted negatively due to the cases that were filed by 13 plaintiffs. Bill Cosby has been defamed by the cases of sexual assault (Descheemaeker 603). Since the occurrence of the incident, the number of fans that celebrated the legacy of Bill Cosby has reduced since the incident. The fans who rated him highly have turned to lose interest on him. The case has seen to it that Cosby’s privacy infringed as he has been making headlines in the news platform. His correspondence and home have been among the losers in the case as they are set in the spotlight. Issues of privacy also play a major role on the part of the plaintiffs in the ‘plaintiff acts’ of sexual assault. Sexual assault normally entails getting into someone’s intimate space without their consent. The plaintiffs’ privacy was therefore affected by ‘robbing’ them their dignity as women and giving them a feeling that they have been taken advantage off. Three of the women who said to have been sexually assaulted by Bill Cosby filed a case of defamation. Bill Cosby, on the other hand, denied being held reliable since the words were uttered by his lawyers and not him. The case of defamation can therefore only be against Bill’s lawyers and not him. The argument given by the plaintiff’s lawyers was that, the lawyers uttered the words directly from their client thus making him reliable. In reaction to the defamation lawsuit by the three women, Cosby made a move on its dismissal. The basis of his argument was that it doesn’t have the threshold of defamation cases. Cosby was being sued for “professing innocence for false allegations dating back to the 1970s” (Flynn). Cosby and His legal Team Strategy in Responding to the Claims The strategy of the Cosby and the legal team is first to gain the sympathy of both the public and the jury. They deploy this strategy by frequently addressing the public as they claim for Cosby’s innocence. An example of this is the act of Cosby releasing videos to the public on whom he refers to as “adoring fans” (Dillon). This paints him as an innocent individual who has been set to be a victim of circumstance. The second strategy is to paint the plaintiffs as ‘liars’ who are driven by hidden motifs. The “defamation” is done in a legally appropriate manner that does not complicate the case. An example is whereby the lawyers, instead of Cosby, “defaming” the plaintiffs. The tactics have been used to give some of the plaintiffs a taint image. Example is a 38-page motion that defines Traitz, one of the plaintiffs, as a: "Libel proof defendant" given her convictions for drug trafficking, larceny, resisting arrest and other offenses, and noted that Green was suspended from practicing law in California for misconduct and failed to comply with a mental health treatment plan required regain her license.” (Flynn) The aim of this “defamation” is to dismiss the logical concept of the case of painting the plaintiffs as people of ill motive. Application of Libel Law and the Privacy Tort of “False light” Libel law is a form of defamation that is expressed in a physical form. The physical form entails expression in print, pictures, writings, signs, and effigies among other forms of communication. The aim of the communication is normally to injure an individual’s reputation or expose him or her to public hatred. Its other effects entail ridicule or contempt and professional or business injuries on the part of the victims (Anderson 487). Bill Cosby’s defense team used libel law in addressing the charges of sexual assault. The legal team of Bill used the physical form of communication to defame the plaintiffs. The 38-page document acted as a form of free expression of the defendant. Billy and his legal team directed the “defamation” plaintiffs like Traitz due to them being a public figure. This characteristic makes it hard for them to prove that the information was an act of defamation. “False light” claim can be defined through some of its distinct elements that differentiates it from defamation. This includes: The information made by the defendant to the plaintiff must be published. The information must define the plaintiff as a misleading light and the same time it must be embarrassing or offensive to an ordinary person. Lastly, accused must have released the information to the public with a ‘don’t care’ attitude (Segal 357). Bill Cosby and his team also applied the privacy tort of “False Light” in the sexual assault cases. They used the 38-page document to “defame” the plaintiffs as a reaction to the sexual assault charges. Bill Cosby’s defense team made the document on behalf of Cosby. The same time, Bill Cosby has made a disregard to the statement claiming it is his lawyers who said it. Conclusion Bill Cosby’s legacy is in limbo due to the sexual assault accusations that he has been facing of recent. For the value, he has for his reputation he will not let his legacy go without a fight. Cosby has used a number of his rights in the legal battle and the same time witnessed his privacy being violated. Several issues of defamation and privacy characterize Bill Cosby’s cases. Cosby’s legal team has been in the forefront as they look to minimize the backlash caused by the case. To ensure that they succeed, they have deployed the libel law and the privacy tort of “False Light”. Works Cited Anderson, David A. “Is Libel Law Worth Reforming?” University of Pennsylvania Law Review 140.2 (1991): 487-554. Print. Descheemaeker, Erick. “Protecting Reputation: Defamation and Negligence.” Oxford Journal of Legal Studies 29. 4 (2009): 603-641.Print. Dillon, Nancy. Three Bill Cosby Accusers Fight Motion to Dismiss Defamation Suit. New York Daily News, 23 March 2015. Web. 25 April 2015. < http://www.nydailynews.com/entertainment/gossip/bill-cosby-accusers-fight-motion- dismiss-defamation-suit-article-1.2159326 > Flynn, Jack. Comedian Bill Cosby Cannot Claim ‘Privilege to Defame,’ Alleged Sexual Assault Victims Claim in the New Court Filing. Mass Live, 24 March 2015. Web. 25 April 2015. Noorani, A. G. “Right to Privacy.” Economic and Political Weekly 40.9 (2005): 802. Print. Scocca, Tom. Who Wants to Remember Bill Cosby’s Multiple Sexual Assault Accusations? Gawker, 2 Apri. 2014. Web. 25 April 2015. < http://gawker.com/who-wants-to- remember-bill-cosbys-multiple-sex-assaul-1515923178 > Segal, William D. “Torts: Right of Privacy: Is “False Light” Recognized in California?” California Law Review 50.2 (1962): 357-364. Print. Read More