Quote (Kayeto @ Apr 11 2020 02:38pm)
Just out of curiosity, why do you think this lawsuit comes after the Netflix show but not after the Ken Burns documentary from 2012? Is it just because of the popularity of the program? Or do the programs allege different facts about the prosecutors?
As I recall, Lederer was the one who was portrayed in a negative light (much moreso than Fairstein)
Ideally, law enforcement eventually gets the message that they are going to be held accountable for the instances where they break the law and violate internal policy. When they realize the accountability is there, the behavior will change. Then the relations with the community will change.
That's a good question. I have tried to access the Burn's documentary but have never seen this one due to not having access to it. I'm well aware of its existence though, and the controversy of it - being tied to parties involved with the settlement. The gag orders on law enforcement at the time.
My speculation is the Burn's documentary was likely omitting the law enforcement side - or at least important parts of it, and evidence, whereas 'When They See Us' does more than omit evidence.
They flat out make stuff up that has zero evidence of occurring, in fact, there's evidence supporting the contrary, that it never existed or played out in that manner. Add in direct usage of Fairsteins name, and depicting her in specific roles, taking specific actions and using specific language, when there is evidence proving she wasn't in that role or took those actions - which would be seen as damaging, especially considering that she was portrayed utilizing racism. That's a problem.
Combine that with the aggressive stances and language Locke and DuVernay have taken against Fairstein, and the actual damages that ensued following that. And the fact that it was routinely advertised by Netflix and the directors as being truth. I think you have a great lawsuit.
The Burn's documentary likely wouldn't have met the standard needed to win a civil trial for Defamation for a Public Official, or that's my assumption. Whereas this one likely does.
This post was edited by GLYC123 on Apr 11 2020 04:14pm