PHILTHY

I know this will be shocking to you all, but the Daily News may have misrepresented the actions of a Philadelphia Eagles' employee.

http://deadspin.com/no-that-eagles-employee-wasnt-celebrating-victor-cruzs-1645755439

 

The Eagles employee says he was cheering the play, not the injury, and had dropped to one knee to pray for Cruz once it was known he was hurt.

http://www.nj.com/eagles/index.ssf/2014/10/victor_cruz_injury_eagles_fan_cheer_new_york_daily_news.html#incart_story_package

I wonder if the guy could sue the News for libel.

 

Of course he was. And I wouldn't blame him for suing.

 

1. Did the Daily News know it was intentionally misrepresenting him? I'd bet yes.
2. Is he a public figure? Debatable.
3. Was his reputation harmed or did he suffer financially because of this photo and can he prove it? I doubt it.

Conclusion? Libel suit would be pointless.

 

If he's only going by "Charlie" in all these articles and no one knows his last name, I'd say he's not a public figure.

 

There's no way in hell an Eagles game day employee is a public figure, unless he's the team mascot.

 

I should think his rep could be harmed by showing any number of tweets or internet messages criticizing him.

 

I think what TDN did here was shitty, but I don't see how they'd ever lose any kind of libel suit. How does this guy "prove" he was NOT cheering Cruz's injury? (He clearly wasn't but how does one prove such a thing?) Or that there was actual malice involved? The News could easily argue this was an editorial statement, name-calling, and show they did not doctor the photo. As horseshit as I think it was, he's not winning a libel suit.

 

I think it would be difficult to prove beyond doubt he wasn't cheering Cruz's injury, but it wouldn't be that hard. I'm pretty sure there is video evidence of him stopping his cheering soon after the play was over. No way he can know Cruz was injured that quickly.

Also, he doesn't have to prove malice, because he's not a public figure.

 

If they were able to subpoena game footage from NBC, they could probably follow his reaction from beginning to end. Watching a highlight of the play, he's clearly in the frame on the shot from the sideline camera as Cruz goes down. He gives two fist pumps (presumably celebrating the play), but it cuts away after that. A longer or unedited shot would likely show his next reaction.
Whether or not he suffered any damages, though, is harder to prove. If the Eagles fire him over it, he might have a case.

 

He was probably just enthusiastically voicing his support for the Philly teachers union.

 

Agreed. Would be harder to to come up with damages, but there are plenty of good lawyers who are more than able to come up with something.