Wrong....the burden of proof in a libel suit, which is what he would be suing under since the report has now been printed, is that the published material is false, that the person reporting knew it to be false, and that there is malice upon the part of the reporter.
It is an almost impossible legal hurdle to climb.
Basically what I am saying is that it would be impossible for Clemens to win on something like this...it is his public figure status that kills him. Some of the lesser known players might have a better shot since they might not be deemed a "public figure" and then that changes the burden of proof.
Lester Munson of ESPN has a decent analysis of it if you would like to read further
Uh, Bonds in the report too genius
Wrong....the burden of proof in a libel suit, which is what he would be suing under since the report has now been printed, is that the published material is false, that the person reporting knew it to be false, and that there is malice upon the part of the reporter.
It is an almost impossible legal hurdle to climb.
Basically what I am saying is that it would be impossible for Clemens to win on something like this...it is his public figure status that kills him. Some of the lesser known players might have a better shot since they might not be deemed a "public figure" and then that changes the burden of proof.
Lester Munson of ESPN has a decent analysis of it if you would like to read further
Actually, Clemens going to court...or any of these guys going to court....on a libel suit is the worst thing they can do. Our legal system has this wonderful device in civil suits called discovery. Basically, both sides can obtain documents, statements, and other evidence from the other side. For Clemens, this is going to include his medical records, prescriptions, etc. Additionally, the threat of perjury exists for Clemens.
For those two reasons, you will never see Clemens in a courtroom with his attorney suing MLB for libel. He can make all the statements through his attorney that he never took HGH/steroids but they don't mean shit.
Remember when Bonds was denying all of these charges and threatening to sue the San Francisco Chronicle for "Game of Shadows"....still waiting Barry for that suit
Established in 1995,
Clemen..........and the word "innocent"
free Barry
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