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Saturday, March 31, 2007

Bloom Blog: It's just compensation, Michael Richards

Now this is from a White woman:

"They may have a claim for discrimination in public accommodations, but Doss and McBride's best legal theory is probably intentional infliction of emotional distress (IIED) — extreme and outrageous conduct intended to harm another, which causes emotional injury. In my view, if they persuade a jury the facts are as they describe them, they'd stand a good chance of meeting these elements and persuading a jury to award them some damages.

"IIED requires a high threshold showing of behavior that is beyond any reasonable bounds of human decency. We are all expected to tolerate a certain amount of offensive conduct in our daily lives (and those of us who live in New York City certainly experience more than our fair share). But Richards' racist rant is well beyond the moderate-level obnoxious buzz of life in 21st-century America. On the video, many members of the audience, of all races, are horrified, and get up and leave. The video has circulated widely, and been played incessantly on television, precisely because it is so appalling, beyond the pale."

"Intentional Infliction of Emotional Distress"? Is this another cooked-up psychological condition that we can blame on someone else?

Does that mean if I watch the video of Richards, if I'm offended, I can get reparations too?

Go to http://www.courttv.com/people/bloomblog/112706_ctv.html

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