# Bob Murray vs. John Oliver: the ACLU is having fun with this one

**URL:** <https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [August 2, 2017, 6:45am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608 "2017-08-02T06:45:33Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Budget\_Player\_Cadet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/budget_player_cadet/32/205_2.png) [@Budget\_Player\_Cadet](https://boards.straightdope.com/u/Budget_Player_Cadet)\
**Post date:** [August 2, 2017, 6:45am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/1 "2017-08-02T06:45:33Z")

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[https://www.documentcloud.org/documents/3911409-Wvnd-19902323086.html](https://www.documentcloud.org/documents/3911409-Wvnd-19902323086.html)

Headings contained therein:

[ul]  
[li]Anyone Can Legally Say, “Eat Shit, Bob!”[/li][li]Plaintiff’s Motion for a Restraining Order is Ridiculous. Courts Can’t Tell Media Companies How to Report, Bob.[/li][li]All of John Oliver’s Speech Was Protected by the First Amendment. You Can’t Sue People for Being Mean to You, Bob.[/li][li]Plaintiff’s Requested Injunction Is Clearly Unconstitutional. You Can’t Get a Court Order Telling the Press How to Cover Stories, Bob.[/li][/ul]

The ACLU makes it entirely clear just how nuts they consider this lawsuit to be. The whole thing is freakin’ hilarious. I don’t remember the last time I saw a legal document this funny - maybe the benchslap that one judge gave the SovCit morons, or the transcript of Georgia vs. Rick Allen. This stuff is gold. 😃

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**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\
**Post date:** [August 2, 2017, 7:15am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/2 "2017-08-02T07:15:39Z")

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Hilarious, but law suits still cost tons of time and money to defend.

People, especially those who do not have HBO to foot the bill, are going to thing twice about speaking out in the future.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [August 2, 2017, 7:33am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/3 "2017-08-02T07:33:20Z")

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I lost it at “And with regard to the Dr. Evil remark, it should be remembered that truth is an absolute defense to a claim of defamation”, accompanied by side-by-side headshots of Bob and Dr. Evil, and a lengthy footnote about Dr. Evil’s habit of demanding unreasonable sums of money.

This thing is no _Meads v. Meads_, but it’s a masterwork of legal writing all the same.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 2, 2017, 7:57am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/4 "2017-08-02T07:57:08Z")

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> [@Alley\_Dweller](#):
>
> Hilarious, but law suits still cost tons of time and money to defend.
> 
> People, especially those who do not have HBO to foot the bill, are going to thing twice about speaking out in the future.

I’ve seen no sign of that. People have been ridiculing him more and more since the suit. I’ve not heard of anyone who is repeating the issue getting sued, either.

Plus the guy’s almost dead, and the entire suit reads like a vanity project for the man in question, touting how amazing a man he is. I don’t think the suits last past his death.

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**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [August 2, 2017, 10:45am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/5 "2017-08-02T10:45:12Z")

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> [@Alley\_Dweller](#):
>
> Hilarious, but law suits still cost tons of time and money to defend.
> 
> People, especially those who do not have HBO to foot the bill, are going to thing twice about speaking out in the future.

> [@BigT](#):
>
> I’ve seen no sign of that. People have been ridiculing him more and more since the suit. I’ve not heard of anyone who is repeating the issue getting sued, either.
> 
> Plus the guy’s almost dead, and the entire suit reads like a vanity project for the man in question, touting how amazing a man he is. I don’t think the suits last past his death.

If anything, HBO’s willingness to take the hit will dampen (slightly) the willingness of rich folk to file these intimidation suits in the first place. His health issues aside, this will not end well for Bob Murray or his company - if he survives he’s still likely to lose the case badly and the Streisand Effect will ensure that everyone knows why. Is this really how he wants to spend his last days on Earth?

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 2, 2017, 11:07am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/6 "2017-08-02T11:07:23Z")

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Now that I’ve watched a lawyer on YouTube read the brief, I’ll add that the whole point of this amicus curiae is to try and get this thrown out of court and the guy fined for abusing the court system, after citing how many times he abused it in another state.

So the ACLU-WV is trying to resolve the issue of abusing lawsuits.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [August 2, 2017, 11:29am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/7 "2017-08-02T11:29:43Z")

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> [@BigT](#):
>
> I’ve seen no sign of that. People have been ridiculing him more and more since the suit. I’ve not heard of anyone who is repeating the issue getting sued, either.
> 
> Plus the guy’s almost dead, and the entire suit reads like a vanity project for the man in question, touting how amazing a man he is. I don’t think the suits last past his death.

This isn’t Murray’s first lawsuit. The document lists a number or previous lawsuits where Murray sued media organizations for expressing views he didn’t like.

Murray has a strategy. His lawsuits will not win in court. But they will cause media organizations to spend money. And Murray surely knows that some media organizations will make the pragmatic decision to avoid spending money defending against frivolous lawsuits by doing what Murray wants.

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**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\
**Post date:** [August 2, 2017, 3:47pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/8 "2017-08-02T15:47:38Z")

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Having a nuisance lawsuit backfire to the point that lots more people are Googling images to confirm that Murray looks like a geriatric Dr. Evil, does not seem like a positive outcome for Mr. Murray.

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [August 2, 2017, 4:10pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/9 "2017-08-02T16:10:13Z")

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I suspect that writing legal briefs is almost always an exercise in boredom and tedium, so when the opportunity to write this one came up, _someone_ thoroughly enjoyed the experience.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [August 2, 2017, 6:58pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/10 "2017-08-02T18:58:49Z")

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Bob’s lawsuit reminds me of [Wile E. Coyote vs. ACME Company](https://la.utexas.edu/users/jmciver/357L/WileECoyoteVACME.htm). The ACLU has come to the defense as was done by [Arthur B. Fuddle in his opening statement at trial.](http://www.netfunny.com/rhf/jokes/95q2/coyotenacmedef.html). Once again, law imitates art.

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**Author:** ![jz78817](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jz78817/32/1028_2.png) [@jz78817](https://boards.straightdope.com/u/jz78817)\
**Post date:** [August 2, 2017, 7:19pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/11 "2017-08-02T19:19:53Z")

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> [@Dewey\_Finn](#):
>
> I suspect that writing legal briefs is almost always an exercise in boredom and tedium, so when the opportunity to write this one came up, _someone_ thoroughly enjoyed the experience.

Sometimes even judges [have a little fun with this too.](https://arstechnica.com/tech-policy/2013/05/prenda-hammered-judge-sends-porn-trolling-lawyers-to-criminal-investigators/)

> [@](#):
>
> And yes, if reading “resistance is futile” rattles something in your brain, Wright’s order is thoroughly peppered with Star Trek references.
> 
> The plaintiffs have a right to assert their intellectual property rights, “so long as they do it right,” Wright acknowledges. That’s not what happened here, though. Prenda lawyers used “the same boilerplate complaints against dozens of defendants,” without telling the judge. Instead, defense lawyers like Morgan Pietz flagged the dozens of related cases. “It was when the Court realized Plaintiffs engaged their cloak of shell companies and fraud that the court went to battlestations,” states Wright.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 2, 2017, 11:29pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/12 "2017-08-02T23:29:50Z")

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I already know the guy’s strategy. Hence the purpose of getting the case thrown out and him sanctioned. I suspected that the brief was about that, but waited to read it to be sure.

He has a strategy. He was stupid to use it here, especially after all the previous vexatious litigation. I wish the court could do more to stop him, but it does seem that his attempt to chill speech is fi ally failing.

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**Author:** ![Guest-starring\_Id](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guest-starring_id/32/21736_2.png) [@Guest-starring\_Id](https://boards.straightdope.com/u/Guest-starring_Id)\
**Post date:** [August 3, 2017, 8:05am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/13 "2017-08-03T08:05:11Z")

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> [@Budget\_Player\_Cadet](#):
>
> \*All of John Oliver’s Speech Was Protected by the First Amendment. You Can’t Sue People for Being Mean to You, Bob.

**documentcloud** :

> [@](#):
>
> It is a basic concept of free speech that you do not get to sue media organizations because you don’t like their coverage. However, **this is apparently a difficult concept for the plaintiffs to grasp**. It appears that **Bob Murray’s favourite hobby** is suing and or threatening to sue people for political statements he disagrees with.

My bold.

Manoman if I knew all this lawyerin’ stuff, was this…jaunty?, I’d be top public defender no. 1 Alpha Dog.

> [@BigT](#):
>
> his attempt to chill speech is fi ally failing.

Brilliant typo, if that was the intent.

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**Author:** ![mcgato](https://avatars.discourse-cdn.com/v4/letter/m/ac8455/32.png) [@mcgato](https://boards.straightdope.com/u/mcgato)\
**Post date:** [August 3, 2017, 3:35pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/14 "2017-08-03T15:35:22Z")

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I think that these suits are referred to as [SLAPP](https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation) lawsuits, which stands for strategic lawsuit (or litigation) against public participation. A political operative in the town that I used to live in filed one of these suits against some local political bloggers. It did not end well, as the guy suing had to pay lawyer costs to the people that he sued. Also received a strong rebuke from the judge.

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**Author:** ![Hey\_Hey\_Paula](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hey\_Hey\_Paula](https://boards.straightdope.com/u/Hey_Hey_Paula)\
**Post date:** [August 4, 2017, 4:54am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/15 "2017-08-04T04:54:43Z")

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As a retired legal secretary, if I ever decided to go back to work as a legal secretary or transcriptionist, I want to work for attorneys who write like this! I would have had so much fun preparing this brief!

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**Author:** ![carlb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carlb/32/5930_2.png) [@carlb](https://boards.straightdope.com/u/carlb)\
**Post date:** [August 4, 2017, 8:07pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/16 "2017-08-04T20:07:45Z")

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> [@mcgato](#):
>
> I think that these suits are referred to as [SLAPP](https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation) lawsuits, which stands for strategic lawsuit (or litigation) against public participation. A political operative in the town that I used to live in filed one of these suits against some local political bloggers. It did not end well, as the guy suing had to pay lawyer costs to the people that he sued. Also received a strong rebuke from the judge.

And, of course, West Virginia [does not have an anti-SLAPP law](https://anti-slapp.org/west-virginia/).

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**Author:** ![Grestarian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grestarian/32/3227_2.png) [@Grestarian](https://boards.straightdope.com/u/Grestarian)\
**Post date:** [August 4, 2017, 11:01pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/17 "2017-08-04T23:01:22Z")

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> [@Little\_Nemo](#):
>
> This isn’t Murray’s first lawsuit. The document lists a number or previous lawsuits where Murray\*\* sued media organizations for expressing views he didn’t like\*\*.
> 
> Murray has a strategy. His lawsuits will not win in court. But they will cause media organizations to spend money. And Murray surely knows that some media organizations will make the pragmatic decision to avoid spending money defending against frivolous lawsuits by doing what Murray wants.

[Bolding is mine]

I would have suspected an ulterior motive: Pre-empting President Rumps efforts to SLAPP media organizations for reporting things that aren’t flattering to him and thereby setting up a string of losing cases to remind The Donald that he can’t do that kind of thing.

Alas, other discussions in this thread suggest Bob doesn’t tend to think that far ahead, or with such civic-minded altruism.

–G!  
Well he can’t even run his own life  
I’ll be damned if he’ll run mine!  
…–Jonathan Edwards  
…Sunshine  
…(Single)

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**Author:** ![carlb](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carlb/32/5930_2.png) [@carlb](https://boards.straightdope.com/u/carlb)\
**Post date:** [February 24, 2018, 6:21pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/18 "2018-02-24T18:21:59Z")

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Bumping, because the lawsuit has been dismissed by the presiding judge. Details at [lawfulmasses.com](http://lawfulmasses.com/breaking-murray-energy-lawsuit-against-john-oliver-dismissed/).

In the dismissal, the judge writes:

> [@](#):
>
> As the prevailing party, Counsel for the Defendants shall prepare and forward a proposed Order, including findings of fact and conclusions of law supporting the Court’s ruling. The same shall be forwarded within 20 days . . .

I assume that this is fairly common, but what are the odds that HBO’s attorneys have a little fun with the Order at Mr. Murray’s expense, and perhaps in keeping with the tone of the ACLU-WV amicus brief? Were I part of the Defendants’ team, I don’t think I could resist the temptation.

Can’t wait to see what they do with this on “Last Week Tonight.” I predict it will be epic.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [February 24, 2018, 6:28pm UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/19 "2018-02-24T18:28:30Z")

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> [@carlb](#):
>
> Can’t wait to see what they do with this on “Last Week Tonight.” I predict it will be epic.

Are you kidding? Epic isn’t going to cover it; I can hear John Oliver chortling right now as they brainstorm in the writer’s room and I’m 2500 miles away!

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**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [February 26, 2018, 9:29am UTC](https://boards.straightdope.com/t/bob-murray-vs-john-oliver-the-aclu-is-having-fun-with-this-one/792608/20 "2018-02-26T09:29:49Z")

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I note that one of the sections in the Defendants’ Memorandum in Support of their Motion to Dismiss is titled

> [@](#):
>
> The “Black Lung” and “Killer Bees” Statements Are Obvious Rhetorical Hyperbole That Do Not Convey Actual Facts

.

Well okay then.

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