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by tptacek
1377 days ago
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There is no requirement that Oberlin learn anything here. The law pretty severely limits the extent to which civil damages can be used to teach lessons, as we just learned from the Alex Jones case: punitive damages are capped, constitutionally, at some low multiple of economic damages. It is an enormous defamation award, regardless of how you feel about where it leaves Oberlin. |
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Ohio (Oberlin) has a similar cap, but not necessarily the same protection for it. Missouri for example also had a cap, but it was held to violate the Missouri Constitution in 2014.
The Missouri case[1] came up last month post-Alex Jones, and its "separation of powers" argument is interesting. There's a professor at Georgetown who thinks a similar argument could succeed in Texas[2], but Texas at least tried to amend their Constitution to allow the cap[3].
1. https://www.courts.mo.gov/file.jsp?id=77893
2. https://twitter.com/HeidiLiFeldman/status/155561806384372121...
3. https://twitter.com/EricColumbus/status/1555919948807028736, but the seven replies at https://twitter.com/HeidiLiFeldman/status/155594159820624691... find some flaws in the implementation