A long-term female friend of Randy Moss, wide receiver for the New England Patriots, accused him of battery against her. She also had a temporary injunction issued which barred Moss from coming within 500 feet of her and from using or possessing firearms. Is Moss guilty?
Well, he doesn't seem like a nice guy. In 2002, he hit a traffic control officer with his car. In 2001, he reportedly verbally abused corporate sponsors. In 1999, he squirted an official with a water bottle. But the leap to actual "battery" is a big one. To be "battery", Moss had to have physically touched the woman AND intended to harm her. If the woman is lying, she is guilty of slander (see previous post: Princess Diana a "Whore" – Suing for Slander). If she tried to get money out of Moss to keep her quiet, she is also guilty of attempted extortion.
Let's say Moss is another innocent victim of some money-hungry opportunist. What should he do? He could sue her for slander. If he did, the law might determine that Moss is a "public figure". The US Supreme Court has established three types of public figures: involuntary public figures (like Jamie Leigh Jones), people who are always public figures (like President Bush), and those who are public figures on specific issues (like Michael J. Fox or Warren Buffet). The woman's lawyers would most likely argue that Moss is a public figure on specific issues. The lawyers would fight about this extensively, since if Moss is a "public figure," Moss would have to prove that the woman accused him of battery with "actual malice" or "reckless disregard of the truth." Moreover, Moss would have to prove this with "clear and convincing proof." In contrast, if Moss were a regular Joe Public, he would only have to show that she knew or should have known that her accusation was false. No doubt he has an uphill battle, but if he is innocent, it's worth the fight to clear his name and send a strong signal to gold-diggers everywhere. And if he wins, he has an even stronger criminal case against her for attempted extortion. Jail time, anyone?
Well, he doesn't seem like a nice guy. In 2002, he hit a traffic control officer with his car. In 2001, he reportedly verbally abused corporate sponsors. In 1999, he squirted an official with a water bottle. But the leap to actual "battery" is a big one. To be "battery", Moss had to have physically touched the woman AND intended to harm her. If the woman is lying, she is guilty of slander (see previous post: Princess Diana a "Whore" – Suing for Slander). If she tried to get money out of Moss to keep her quiet, she is also guilty of attempted extortion.
Let's say Moss is another innocent victim of some money-hungry opportunist. What should he do? He could sue her for slander. If he did, the law might determine that Moss is a "public figure". The US Supreme Court has established three types of public figures: involuntary public figures (like Jamie Leigh Jones), people who are always public figures (like President Bush), and those who are public figures on specific issues (like Michael J. Fox or Warren Buffet). The woman's lawyers would most likely argue that Moss is a public figure on specific issues. The lawyers would fight about this extensively, since if Moss is a "public figure," Moss would have to prove that the woman accused him of battery with "actual malice" or "reckless disregard of the truth." Moreover, Moss would have to prove this with "clear and convincing proof." In contrast, if Moss were a regular Joe Public, he would only have to show that she knew or should have known that her accusation was false. No doubt he has an uphill battle, but if he is innocent, it's worth the fight to clear his name and send a strong signal to gold-diggers everywhere. And if he wins, he has an even stronger criminal case against her for attempted extortion. Jail time, anyone?
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