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Commissioner possibly partisan

Published: Thursday, March 18, 2010

Updated: Friday, March 19, 2010 15:03

UPDATE: A typographical error has been fixed since this article went to print.  Before, it read, "Considering that one candidate, John Valdespino, was disqualified for creating his Facebook group...." The original piece is as follows.

 

Dear Editor,

Now that the elections are over and we have our new SGA president — Kate Gremillion — is it too late to ask questions about the fairness of the elections procedure?

As I see it, the most obvious slant in Gremillion’s favor was the way in which the debate was conducted. The Commissioner of Elections, Isabelle Duran, a sorority sister of Gremillion’s, moderated, and made it very clear whom she favored.

Not only did the moderator interrupt the audience to ask her own question (to which Gremillion had a marvelous answer — stock question?) and allow Gremillion to answer first every time, but she allowed Gremillion rebuttals that were not rebuttals, but  time extensions for Gremillion to further her point.

Using one’s sorority sisters to lob stock questions from the audience is one thing; using them to moderate “nonpartisan” debates is an entirely different issue that infringes upon the other candidate’s right to campaign on an even playing field.

Considering that one candidate, John Valdespino, was banned from using Facebook for creating his Facebook group two hours before the allotted time (even though he invited no one), these issues at the debate are serious. It seems that the elections supervisor took her job as seriously as a Boot bouncer checking for fake IDs. “No problem, girls, but no wristband for you sir.”

However, I commend the winner. It turns out SGA politics are a little more complicated than we thought. Apparently running without a party is a quick route to not getting elected. Sorry, Cody, next time don’t spend so much time selling yourself as qualified for the job; instead, find a large campus interest group to be your party, might I suggest our local revolutionaries, LUCAP?



Zachary Lombardo

music industry junior

 

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39 comments

Anonymous
Fri Mar 19 2010 14:49
To clarify:

1. Defamation is the communication to a third party of an untrue statement, asserted as fact, that injures the plaintiff’s reputation by exposing her to “hatred, ridicule, or harm”. Libel is written defamation and slander is spoken defamation. Note, it is the defendant’s burden to prove the statement is true.

2. Some statements may be considered slanderous in and of themselves, “slanderous per se”, and in cases of libel the law presumes injury (i.e. the plaintiff does not have to show actual harm) as long as the defamation implies a statement of objective fact (Sagan v. Apple computers, Inc.; Flamm v. American Association of University Women). Thus, it is irrelevant whether or not something is one’s opinion if the statement is asserted as fact.

-EXAMPLE-“The Commissioner of Elections, Isabelle Duran, a sorority sister of Gremillion’s, moderated, and made it very clear whom she favored.”

3. There are two types of defenses: absolute privilege and qualified privilege. Absolute privileges are limited to situations in which: 1.) the plaintiff has consented, 2.) the statement is made by a government official in the performance of a government duty, 3.) the statement is made in the course of judicial proceedings, 4.) the statement is made between spouses, 5.) the statement is true (again the burden to prove lies with the defendant).

4. Qualified privileges may include cases where media defendants comment of public figures, where public figures include ‘real’ public officials such judges and politicians or public figures such as celebrities who have been injected into the public eye by reason of the notoriety of their achievements or the vigor of their success with which they seek the public’s attention. A private individual does not become a public figure simply because she is involved in a public event (Wells v. Libby).

5. Due to the Maroon’s and Loyola’s negligence they may be liable for the actions of Mr. Lombardo, especially since they breached their own recognized standards of behavior.

If I were the Maroon or their adviser I would immediately take down this opinion from the website and pick-up and not distribute all print copies. This truly is a prime example of why all writers should have some training in relevant law.

Anonymous
Fri Mar 19 2010 13:40
I agree with everything in the most recent post. Unfortunately, it could affect kate and isabelle in real life.
Anonymous
Fri Mar 19 2010 13:18
everyone needs to relax, this isn't real life this is college... isabelle was just doing her job and she did it very well, ask anyone on the estaff (not someone that has anything to do with SGA or the elections). it was irresponsible of the maroon to take the opinion of someone that had no real insight to this process and to then publish it. zach obviously had no idea what he was writing as abbey brandon has proved this letter to be false, not only should the maroon apologize to isablle but Loyola too
Anonymous
Fri Mar 19 2010 12:54
I thought SGA was trying to appear more professional this year. Attending the announcement of the winners, I thought I had walked in upon a slumber party.
Anonymous
Fri Mar 19 2010 09:53
how could this be published? this is irresponsible of loyola to allow such material to be published and may in fact harm isabelle's chances of finding a decent job after she finishes here at loyola. the maroon staff should know better than to allow this kind of material to be publish and if they had any sense the news papers wouldn't be in the stands
Anonymous
Fri Mar 19 2010 08:29
I would like to met the lawyer that would take that case.
Anonymous
Fri Mar 19 2010 01:02
maroon fuked up
Anonymous
Fri Mar 19 2010 00:50
lols you guys you realize this is just student government, right? 500 people voted for this. seriously, don't worry too much about it. it's absolutely hysterical that the debates were run by a close acquaintance of one of the candidates, but that's what happens when you attend a small school.
Archimedes
Thu Mar 18 2010 23:54
Mr. Most Recent Anonymous,

Actually, in all that, you have one valid point. The Maroon should - and has - apologized for not giving Ms. Duran a chance to reply before it came to print. They did, in fact, invite her to write a response and promised to post it online as soon as it is received.

Unfortunately, there is nothing to sue over. Ms. Duran is a public figure. What Mr. Lombardo said, no matter how rudely, was merely personal opinion - as he so stated multiple times. That is not defamation of character, nor is it libel, it's just freedom to his own opinion.

The only rule the Maroon broke is their own code of ethics. Don't waste your legal fees.

Still offended? Stop reading the Maroon.

Sincerely,

Archimedes

Anonymous
Thu Mar 18 2010 23:15
Zach:

You forfeited your right to “freedom of speech” (even in an editorial) when you wrote unsubstantiated claims that could seriously cause harm to Ms. Durian. In legal terms this is called libel and defamation of ones character.

-Your facts are not accurate.

-You had a clear cut motive to attack Ita’s character.

-You clearly attacked Ms. Durian’s professional character in the line “It seems that the elections supervisor took her job as seriously as a Boot bouncer checking for fake IDs.” This line to me is nothing more than a cheap shot.

-Lastly, your editorial is set to go out tomorrow and is already posted online. If her potential employer was to read your editorial, your act of defamation could very well harm Ms. Durian’s future job prospects. The seriousness of your claims could potentially give her a warrant to sue for monetary damages.

If it was me, I would sue you and the Maroon.

The Maroon broke edict and procedural rules by not allowing Ms. Durian to write a response to defend her stance.

At the very least the Maroon should take out an article personally apologizing to Ms. Durian.

I would suggest that you do the same Zach.

--J.B. (I would love to post my full name; however, I would prefer that it not be dragged through the mud with vicious and unsubstantiated lies.)

Anonymous
Thu Mar 18 2010 23:00
were any of you even at the debates? she shut kate up like 5 times and even told her she didn't answer the question when she rambled on during her rebuttal and told her to stop talking... this guys clearly doesn't know what hes talking about
Anonymous
Thu Mar 18 2010 22:12
The article is not complaining that John was punished. It is simply pointing out the fact that Ms. Duran followed through with her duties as the Commissioner of Elections when it came to the cases of the other candidates, but she seemed to bend the rules for Kate in an unprofessional manner.
Anonymous
Thu Mar 18 2010 21:17
were you even at the debate? she let your dumb ass ask a question about cody and kates personal financial stability. you're a jackass.
Anonymous
Thu Mar 18 2010 21:15
Kate did not go first every time and John was not disqualified he just wasn't allowed to do any social media anymore. He chose to withdrawal.
Iain
Thu Mar 18 2010 20:46
Dear Anonymous,

Why are you attacking Zach's character but ignoring his points? Even if you could prove that Zach is a bumbling fool, you still need to address the fact that he made a few really good arguments. If you don't agree with them, you should spend your energy refuting them.

That being said, I wish you had posted your name so I could pretend to be a social authority on this campus. Then I could claim to know everything about you while slandering your character... Sadly, you opted to hide behind your curtain of anonymity instead. That's alright though, because your decision to remain anonymous says more about your character than my words ever could.

Sincerely,
Iain Weigert

Anonymous
Thu Mar 18 2010 18:36
Dear Previous "Anonymous,"
Perhaps you should not be attacking Zach as a person, but rather his argument, if you disagree with it.
Please note that you only included one point relevant to the article, and four insults.
Zach's letter is admittedly incendiary, but I'm afraid name-calling will not improve the situation, nor constructively contribute to any debate. Please (and this applies to everyone) consider your fellow students when posting.
Thank you.
Point Giver
Thu Mar 18 2010 18:26
Anonymous-1; Zach- 0
Zachary Lombardo
Thu Mar 18 2010 18:22
Dear Anonymous,

It is refreshing to see that you are able to comment on public forums with your own name. I appreciate your insite and think you should consider the context of "null and void" when it comes to the OPINIONS section of the Maroon.

Here is to free speech,

Zachary Lombardo

Anonymous
Thu Mar 18 2010 18:16
Dear Zachary Lombardo,
First of all, you should not talk because you are the joke of Loyola. Let's be real. You were fired from Reslife(which never happens), and you were John's campaign manager. Maybe if you had read the Election Code, like a good campaign manager should do, then you would have known that ACTIVE campaigning includes creating a facebook page--whether you invited people or not. You're just pissed because your life literally means nothing to students on campus. Soo... I feel like this article should be null and void because, well... you're just an idiot.






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