美国国家公共电台 NPR--The family of George Floyd plans to file a $250 million lawsuit against Ye

The family of George Floyd plans to file a $250 million lawsuit¹ against Ye

Transcript²

The family of George Floyd announced Tuesday that they will file a $250 million lawsuit against Ye, the rapper formerly³ known as Kanye West, following comments he made about Floyd's death on the podcast Drink Champs.

Hennepin County Medical Examiner's Office ruled that George Floyd's death was a homicide, caused by Derek Chauvin kneeling on Floyd's neck for over eight minutes. But Ye — who was a guest on last weekend's episode of the podcast hosted by rapper N.O.R.E and DJ EFN — put forth⁴ the idea that it wasn't Chauvin who caused Floyd's death, but that he died from fentanyl use.

The family seeks damages for defamation⁵, harassment⁶ and more

The lawsuit will be filed by Roxie Washington, the mother of Gianna Floyd: George Floyd's only daughter and the sole beneficiary of his estate. Washington plans to sue Ye, his business partners and associates for "harassment, misappropriation, defamation and infliction⁷ of emotional distress⁸ seeking $250 million dollars in damages," according to a statement from Washington's attorneys.

"Kanye's comments are a repugnant attempt to discount George Floyd's life and to profit from his inhumane death," said Attorney Pat D. Dixon III. "We will hold Mr. West accountable for his flagrant remarks against Mr. Floyd's legacy⁹."

Attorneys for the family have also issued a cease-and-desist letter to Ye for his comments.

"Free Speech Rights do not include harassment, lies, misrepresentation, and the misappropriation of George Floyd's legacy. Some words have consequences and Mr. West will be made to understand that," said Kay Harper Williams, another of Washington's attorneys.

Ye's First Amendment¹⁰ rights will be a factor in this case, expert says

On the matter of First Amendment rights, however, the family may have an uphill legal battle against Ye, said Roy S. Gutterman, the director of the Tully Center for Free Speech at Syracuse University.

"First off, there is no possibility of a defamation action here, because there would be no living plaintiff whose reputation has been damaged," Gutterman told NPR. "Libel and slander¹¹ require a live plaintiff, and family members or surviving family members do not have standing¹² to sue for defamation."

One possible path for this lawsuit, though, would be the the allegation of intentional¹³ infliction of emotional distress, Gutterman said — although it will be difficult to claim. "This requires the plaintiff to prove that the statements were intentional or reckless, outside the bounds of accepted decency¹⁴ and morality and causally-connected to some viable¹⁵ harm," he said. "This tort is often a difficult claim to collect on, especially with a media defendant¹⁶."

However, proving this claim is not impossible; notably¹⁷, Sandy Hook families successfully sued Alex Jones on this secondary tort in a recent civil trial in Connecticut.

Drink Champs has issued apologies for the episode

Ye's episode of Drink Champs was pulled earlier this week.

"Drink Champs prides itself on its ability to allow a free flow of ideas within the hip¹⁸ hop¹⁹ community," a representative for the program told The Hollywood Reporter." That being said, unfortunately, the recent interview with Kanye West contained false and hurtful information regarding the circumstances surrounding the murder of George Floyd."

Host N.O.R.E called into Hot 97's Ebro in the Morning to talk about the episode and issued an apology.

"I'm sorry," he said. "I can sit there and say, 'That's only Kanye West, it's only what he said.' But I have a responsibility when I have an audience. When I watched myself, I was embarrassed. I was like, 'Wait a minute? You just let him say that?' I'm irresponsible for letting it go."

Representatives for Kanye West did not immediately return messages for comment.

1 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 formerly   

adv.从前，以前

参考例句：

• We now enjoy these comforts of which formerly we had only heard.我们现在享受到了过去只是听说过的那些舒适条件。
• This boat was formerly used on the rivers of China.这船从前航行在中国内河里。

4 forth   

adv.向前；向外，往外

参考例句：

• The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
• He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。

5 defamation   

n.诽谤；中伤

参考例句：

• Character defamation can be either oral or written.人格诽谤既可以是口头的也可以是书面的。
• The company sued for defamation.这个公司因受到诽谤而提起诉讼。

6 harassment   

n.骚扰，扰乱，烦恼，烦乱

参考例句：

• She often got telephone harassment at night these days.这些天她经常在夜晚受到电话骚扰。
• The company prohibits any form of harassment.公司禁止任何形式的骚扰行为。

7 infliction   

n.（强加于人身的）痛苦，刑罚

参考例句：

• Don't immerse yourself in the infliction too long.不要长时间沉浸在痛苦经历中。
• Instead of rivets there came an invasion,an infliction,and a visitation.但是铆钉并没有运来，来的却是骚扰、混乱和视察。

8 distress   

n.苦恼，痛苦，不舒适；不幸；vt.使悲痛

参考例句：

• Nothing could alleviate his distress.什么都不能减轻他的痛苦。
• Please don't distress yourself.请你不要忧愁了。

9 legacy   

n.遗产，遗赠；先人(或过去)留下的东西

参考例句：

• They are the most precious cultural legacy our forefathers left.它们是我们祖先留下来的最宝贵的文化遗产。
• He thinks the legacy is a gift from the Gods.他认为这笔遗产是天赐之物。

10 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

11 slander   

n./v.诽谤，污蔑

参考例句：

• The article is a slander on ordinary working people.那篇文章是对普通劳动大众的诋毁。
• He threatened to go public with the slander.他威胁要把丑闻宣扬出去。

12 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

13 intentional   

adj.故意的，有意（识）的

参考例句：

• Let me assure you that it was not intentional.我向你保证那不是故意的。
• His insult was intentional.他的侮辱是有意的。

14 decency   

n.体面，得体，合宜，正派，庄重

参考例句：

• His sense of decency and fair play made him refuse the offer.他的正直感和公平竞争意识使他拒绝了这一提议。
• Your behaviour is an affront to public decency.你的行为有伤风化。

15 viable   

adj.可行的，切实可行的，能活下去的

参考例句：

• The scheme is economically viable.这个计划从经济效益来看是可行的。
• The economy of the country is not viable.这个国家经济是难以维持的。

16 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

17 notably   

adv.值得注意地，显著地，尤其地，特别地

参考例句：

• Many students were absent,notably the monitor.许多学生缺席，特别是连班长也没来。
• A notably short,silver-haired man,he plays basketball with his staff several times a week.他个子明显较为矮小，一头银发，每周都会和他的员工一起打几次篮球。

18 hip   

n.臀部，髋；屋脊

参考例句：

• The thigh bone is connected to the hip bone.股骨连着髋骨。
• The new coats blouse gracefully above the hip line.新外套在臀围线上优美地打着褶皱。

19 hop   

n.单脚跳，跳跃；vi.单脚跳，跳跃；着手做某事；vt.跳跃，跃过

参考例句：

• The children had a competition to see who could hop the fastest.孩子们举行比赛，看谁单足跳跃最快。
• How long can you hop on your right foot?你用右脚能跳多远？