# Coal baron responsible for 29 deaths: "It's a misdemeanour; I'm not a felon!" SCOTUS: "Pound sand." **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [October 10, 2023, 6:46pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364 "2023-10-10T18:46:57Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [October 10, 2023, 6:46pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/1 "2023-10-10T18:46:57Z")
SCOTUS today denied cert to a West Virginia coal baron, convicted in the deaths of 29 miners. His feelings were hurt when news media orgs referred to him as a “convicted felon.” Actually, the deaths of 29 miners was just a misdemeanour, so he sued the news orgs for defamation. He blamed them for his loss in the 2018 GOP Senate primary. Obviously, if the coal miners of West Virginia and their families and communities had been told the deaths of 29 miners was only a misdemeanour, that would have voted in droves for Mr Blakenship. It was the “felon” tag that turned them off, not the 29 deaths. Lower courts dismissed his action, saying there was no evidence of actual malice, which is the standard required to show a public figure has been defamed. SCOTUS unanimously dismissed his cert application, although Thomas and Gorsuch did allow as how they thought the “actual malice” standard needed re-examination; but not in this case. > **[Supreme Court turns away coal baron's defamation claim against news companies](https://www.nbcnews.com/politics/supreme-court-turns-away-coal-barons-defamation-claim-news-companies-rcna118036?taid=652559055b459d0001b020b2&utm_campaign=trueanthem&utm_medium=social&utm_source=twitter)** > > The justices decline to consider overturning 1964 precedent that concluded there must be evidence of “actual malice” for a public figure to pursue a defamation claim. ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [October 10, 2023, 7:27pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/2 "2023-10-10T19:27:31Z")
I’m just surprised that he lost his West Virginia Senate run. After all, as I always say, if you can’t trust a climate-change-denying West Virginia coal baron who consistently has reckless disregard for the lives of his miners, then who **can** you trust? 😉 Blankenship is among the most reprehensible figures that ever crawled out for under a rock into the darkest realms of American politics. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [October 10, 2023, 11:17pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/3 "2023-10-10T23:17:02Z")
Good news. There had been concern that this decades-old precedent was in danger. ---
**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:** [October 10, 2023, 11:23pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/4 "2023-10-10T23:23:50Z")
Is it a tort if an American crime is referred to as a “misdemeanour” instead of a misdemeanor? ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [October 10, 2023, 11:25pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/5 "2023-10-10T23:25:10Z")
I guess the difference comes down to u. ---
**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:** [October 10, 2023, 11:53pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/6 "2023-10-10T23:53:48Z")
You’re a good neighbour. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [October 10, 2023, 11:59pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/7 "2023-10-10T23:59:50Z")
I mean, technically, the media was wrong. I would support the idea that the media should be liable for any **factual** inaccuracies, regardless of whether the person in the featured story is a scumbag or not. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [October 11, 2023, 12:08am UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/8 "2023-10-11T00:08:11Z")
That’s not what defamation law is about. It’s not about factual inaccuracies, pure and simple; it’s whether the person’s reputation has been harmed by the erroneous report. My opinion, as stated in the OP, is that his reputation would take a hit for the deaths of 29 miners, regardless how the criminal proceeding sorted itself out. He got a year in jail for the 29 deaths; I don’t think the average citizen would say, “But he’s a good guy; it was _only_ a misdemeanour.” In some jurisdictions, there’s also a grace period for the media to correct a factual error, and if they do so, the action for defamation disappears. Don’t know if that was part of the legal issues here. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [October 11, 2023, 12:14am UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/9 "2023-10-11T00:14:26Z")
> [@Velocity](#): > > I would support the idea that the media should be liable for any **factual** inaccuracies, regardless of whether the person in the featured story is a scumbag or not. Generally not, if it is an honest error, and not meant to defame. IANAL. ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [October 11, 2023, 12:43am UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/10 "2023-10-11T00:43:08Z")
What the judges call “the sting” of the statement was true - he was convicted of safety violations that resulted in 29 deaths. The detail of what crime that is (felony or misdemeanor) is less important. > **[Defamatory Sting — The Virginia Defamation Law Blog — February 10, 2014](https://www.virginiadefamationlawyer.com/amp/defamatory-sting/)** > > To be actionable as libel or slander, a statement must not only be false, but must also be defamatory in nature. To have defamatory meaning, a statement — February 10, 2014 ---
**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\ **Post date:** [October 11, 2023, 1:07am UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/11 "2023-10-11T01:07:43Z")
“Well, if it’s a crime to love one’s country, then I’m guilty. And if it’s a crime to cause the death of 29 miners, then I’m guilty of that too. And if it’s a crime to bribe a jury, then so help me, I’ll soon be guilty of that!” ---
**Author:** ![Maserschmidt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/maserschmidt/32/18829_2.png) [@Maserschmidt](https://boards.straightdope.com/u/Maserschmidt)\ **Post date:** [October 11, 2023, 8:00pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/12 "2023-10-11T20:00:45Z")
lol I remember when the court dismissed his defamation suit against John Oliver [![](https://img.thedailybeast.com/image/upload/c_crop,d_placeholder_euli9k,h_689,w_1226,x_0,y_45/dpr_1.5/c_limit,w_908/fl_lossy,q_auto/v1519631999/Screen_Shot_2018-02-26_at_2.56.25_AM_xmslb1) ](https://img.thedailybeast.com/image/upload/c_crop,d_placeholder_euli9k,h_689,w_1226,x_0,y_45/dpr_1.5/c_limit,w_908/fl_lossy,q_auto/v1519631999/Screen_Shot_2018-02-26_at_2.56.25_AM_xmslb1) ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [October 11, 2023, 8:11pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/13 "2023-10-11T20:11:04Z")
Oh it’s that guy! There are several of his campain ads in this segment, truly surreal. > **[John Oliver (May 2018) - Don Blankenship New Update](https://www.youtube.com/watch?v=ILmYWnYFfn8?=list)** > > John Oliver (May 2018) - Don Blankenship New Update ---
**Author:** ![Maserschmidt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/maserschmidt/32/18829_2.png) [@Maserschmidt](https://boards.straightdope.com/u/Maserschmidt)\ **Post date:** [October 11, 2023, 8:31pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/14 "2023-10-11T20:31:06Z")
Oh, wait, I was wrong, this was the other coal baron that John Oliver made fun of. I couldn’t keep them straight, sorry. > **[John Oliver has a good laugh at West Virginia GOP Senate candidate Don...](https://theweek.com/speedreads/771787/john-oliver-good-laugh-west-virginia-gop-senate-candidate-don-blankenship-but-thinks-might-win)** > > The latest Speed Read,/speed-reads,,speed-reads, breaking news, comment, reviews and features from the experts at The Week ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [October 11, 2023, 11:38pm UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/15 "2023-10-11T23:38:16Z")
I was going to say. Bob Murray is dead, for one thing, which distinguishes him from Blankenship, slightly. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [October 12, 2023, 12:25am UTC](https://boards.straightdope.com/t/coal-baron-responsible-for-29-deaths-its-a-misdemeanour-im-not-a-felon-scotus-pound-sand/991364/16 "2023-10-12T00:25:41Z")
> [@Andy\_L](#): > > Bob Murray is dead, for one thing, which distinguishes him from Blankenship, slightly. In variability of facial expression, quite similar.