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Russell Westbrook and Utah Jazz Defeat Heckling Fan on Appeal

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Russell Westbrook and Utah Jazz Defeat Heckling Fan on Appeal

It’s been nearly five years since Utah Jazz fan Shane Keisel and then-Oklahoma City Thunder guard Russell Westbrook exchanged insults during a game at the Delta Center in Salt Lake City, but the litigation from the incident lives on.

On Friday, the Utah Court of Appeals affirmed a lower court’s granting of summary judgment for Westbrook and the Jazz, which Keisel and his girlfriend (now wife), Jennifer Huff, sued for defamation, intentional and negligent infliction of emotional distress and related claims.

Writing for a three-judge panel, Judge Ryan Tenney said Westbrook and the Jazz suggesting Keisel made a racist remark is not grounds for defamation. Asserting that someone made a racist remark is an opinion, and opinions are protected speech.

“One of the elements of a defamation claim is that the statement at issue must be false,” Tenney wrote. “By extension, a statement can only be actionable as defamation if it is capable of being proven to be true or false.” A statement of opinion can’t be proven right or wrong. 

The exact wording during Keisel and Westbrook’s exchange remains a source of dispute. During the second quarter of a March 11, 2019, game, Westbrook was sitting on the bench. He had a wrap around his knees at the time.

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Keisel, who was seated in the third row with Huff near the Thunder bench, said he told Westbrook, “Bro, sit down and ice your knees.”

However, one fan seated nearby recalled Keisel saying, “Get on your knees like you always do to service your teammates.” Another heard Keisel tell Westbrook he was “used to being down” on his knees. Eyewitnesses described the remarks as offensive and possibly homophobic. Arena security didn’t toss Keisel but issued him a warning card to stop engaging in verbal abuse.

Meanwhile, a fan recorded Westbrook’s response on a cell phone. Westbrook said, “I swear to God, I’ll f— you up, you and your wife, I’ll f— you up.” Keisel testified he heard Westbrook say: “This is heat. This is heat. Know what the f— you’re talking about if you’re going to talk to me.”

After the game Westbrook claimed the incident started when a “young man and his wife” started heckling him “to get down on my knees like you used to, and for me that’s just completely disrespectful . . . I think it’s racial.”

The next day, the Jazz investigated the incident. A team attorney conducted a phone interview with Keisel, who claimed he only told Westbrook to get his knees ready to play later in the game. However, Judge Tenney noted Keisel also admitted that Westbrook “could have taken it as, oh, yeah, I was telling him that he was going to suck some d— or whatever. I get that there could be sexual type of things. But racism? Come on, man.’”

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The Jazz permanently banned Keisel from their area for violating the NBA and Jazz code of conduct on account of “inappropriate, obscene and offensive statements.” A team attorney testified the Jazz didn’t determine if Keisel’s comments were racist and/or homophobic.

On March 14, 2019, the team emailed season ticket holders saying it will enforce the code of conduct with “zero tolerance” for “hate speech, racism, sexism or homophobia.” At a game that night, then-owner Gail Miller addressed the crowd before the game in which she addressed “the unfortunate incident.” She said: “This should never happen. We are not a racist community.”

Keisel lost his job from a car dealership after it received threatening phone calls on account of employing Keisel. Huff lost work as a house cleaner and furniture refinisher.

But the couple’s lawsuit failed to persuade multiple judges. As the district court wrote, “whether a person is racist or whether a statement is racial is a matter of opinion which cannot be verified as true or false.” 

The couple’s contention that Westbrook caused them severe emotional distress also fell short. Westbrook’s threatening statements were made during an NBA game where he wasn’t very close to Keisel and Huff. There were many security personnel nearby, too. Judge Tenney acknowledged Westbrook’s statement amounted to a “profane outburst” but stressed it occurred during “a professional sporting event, a place where society has unfortunately come to expect some amount of intemperate behavior.”

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The judge also underscored that Westbrook’s outburst wasn’t “unprovoked.” To that point, Keisel “admitted that Westbrook was responding to an initial statement from Keisel that could have been understood as a sexual if not homophobic slur.”

The court found Miller’s pregame statements, where she arguably linked Keisel to her statement, “We are not a racist community,” harder to assess since the parties debated if she was referring to Keisel. But even if she was, Tenney wrote, Miller would have been making a statement of opinion. 

“Like Westbrook,” Tenney wrote, “Miller and the Jazz had a constitutionally protected right to express their opinion about Keisel’s earlier statements.”

Westbrook, 35, currently plays for the Los Angeles Clippers. He is in his 16th NBA season. Despite periodic knee troubles, the nine-time NBA all-star and former league MVP has played in more than 1,200 regular season and playoff games.

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Trump allies intensify Harris attacks as Biden replacement talk builds

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Trump allies intensify Harris attacks as Biden replacement talk builds
Donald Trump’s campaign and some of his allies have launched a pre-emptive political strike on Vice President Kamala Harris, moving swiftly to try to discredit her amid talk among some of her fellow Democrats that she might replace President Joe Biden atop the party’s 2024 presidential ticket.
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Nigel Farage's return to politics causes wrinkle in British election: Why has he proven so successful?

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Nigel Farage's return to politics causes wrinkle in British election: Why has he proven so successful?

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As Britain votes for its next prime minister on Thursday, one expert believes Nigel Farage and his Reform UK Party will help shape British conservative politics in this and future elections.

“He’s going to make noise,” Matthew Tyrmand, a conservative political activist and adviser to political parties across Europe, told Fox News Digital. “He’s obviously a walking billboard on ideas. People follow him, he’s visible, so he will be able to punch well above the weight of the party’s representation in Parliament.”

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Tyrmand met Farage 10 years ago at CPAC and since then has regularly spoken with the political maverick throughout his various political endeavors, including Brexit and his latest run for political office.

The Reform UK party, founded in 2018, appointed Farage as leader shortly after British Prime Minister Rishi Sunak announced a snap election to take place on July 4. In the past six weeks, Reform has led to an erosion of support for the Conservative Party and will most likely expand its representation in Parliament beyond its current one member: Lee Anderson, who defected from the Conservatives earlier this year.

UK CONSERVATIVES IN ‘SERIOUS TROUBLE’ FROM NIGEL FARAGE’S UPSTART PARTY, LEFT-WING ON TRACK FOR HISTORIC WIN

Nigel Farage, leader of the Reform UK party, and local candidate Mark Butcher watch the Denmark-England UEFA Euro match at the Armfield Club on June 20, 2024, in Blackpool, England. (Christopher Furlong/Getty Images)

Despite those significant gains, Tyrmand suggested that Farage’s influence will largely remain outside of Parliament, for now. 

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“The contention that he will, you know, be the leader of the opposition, that is an aggressive talking point,” Tyrmand said. “Formally, that will certainly not be the case, but ideologically and in visibility, there will be a case to be made for it.”

“This will set him and Reform up should a Labour government stumble, which I’d be willing to bet that they will do more of the same, whether it’s unfettered immigration or not protecting the working-class people, and wages will still be stagnant,” he added. 

Reform has nearly matched the Conservatives in polling, with around 17% support compared to the Conservatives’ roughly 20%, according to The Telegraph’s polling data from Savanta.

THESE ARE THE KEY CONTENDERS IN UK’S FAST-APPROACHING NATIONAL ELECTION

Tyrmand said that in the British system, because of how votes are spread over constituencies, even if Reform ends up taking 10% to 20% of the vote, it could end up having very few seats overall.

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Brexit UKIP Reform

Nigel Farage enjoys a pint during the then-Brexit Party general election campaign tour on Nov. 24, 2019, in Seaham, England. (Ian Forsyth/Getty Images)

“That alone is going to shine a light on the system and how indirectly, unproportionately representative it is, and people [will] be pissed off about that, as they should be,” he said.

Tyrmand argued that Farage’s recent stint on the popular reality show “I’m a Celebrity … Get Me Out of Here” helped shed a lot of mysticism around his public persona: Farage finished third in a competition in which contestants subject themselves to a series of trials, according to The Guardian.

Reform UK election

Nigel Farage, leader of Reform UK, addresses voters during a general election campaign event in Clacton-on-Sea, England, on July 3, 2024. (Jose Sarmento Matos/Bloomberg via Getty Images)

“People realize he’s not the boogieman that The Sun, The Mirror and The Telegraph and everyone else makes him out to be. The way he campaigns and … watched the football match in the Euro Cup, this is a guy people want to have a beer with,” Tyrmand said.

JK ROWLING SETS CONDITIONS FOR MEETING WITH LABOUR PARTY OVER PROTECTIONS FOR WOMEN’S SPACES

“That’s a big part of his appeal and support, but that was really put on steroids after this reality show in December,” Tyrmand added.

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The Sun, a newspaper in the U.K. that Pamco Research Group estimated reaches around 8.7 million people per day, endorsed Labour leader Sir Keir Starmer over Farage, but it included him in a final plea to the British public. 

Nigel Farage boxing

Reform UK leader Nigel Farage, left, gets in the ring with boxer Derek Chisora during a visit to Clacton-on-Sea, England, on July 3, 2024. (Dan Kitwood/Getty Images)

Normally, only the Labour and Conservative parties would make such bids, and even with a greater presence than Reform, the Liberal-Democrats did not get a chance to make their own pitch.

Farage, in his final plea, said swapping support from the Conservatives to Labour would only “change middle management” and “Britain’s elites are happy to see Keir Starmer replace Rishi Sunak.”

“I am serious about breaking up their rotten two-party system,” Farage wrote. “After Thursday, Reform UK can be the real opposition in Parliament. We will hold Starmer to account over his plans to open Britain’s borders to even more immigration and betray Brexit by taking the knee to the EU.”

Nigel Farage

Then-Brexit Party leader Nigel Farage and other members of the European Parliament wave flags ahead of a vote on the withdrawal agreement in Brussels on Jan. 29, 2020. (Reuters/Yves Herman)

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“And this is just the start,” he added. “Over the next five years, I am serious about building a mass movement for real change. A vote for Reform UK is not a protest vote, it’s not a fantasy vote, it’s not a wasted vote. It’s a vote to change Britain for good.”

Farage has run seven times for a seat in the British Parliament and failed to win, but he found success in the European Parliament as the European MP for South East England in the United Kingdom Independence Party.

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UK general election: Voting under way in high-stakes poll

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UK general election: Voting under way in high-stakes poll

UK voters began registering ballots at polling stations at 7 am local time on Thursday morning, in the first UK general election since the country’s formal exit from the European Union. Stay up to date with the process with our live blog, bringing you the latest news until the final results tomorrow

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The 650 seats in the House of Commons are up for grabs in an election that has already been forecast – even by some governing Conservatives – as likely to result in a Labour victory.

Conservative incumbent Prime Minister Rishi Sunak looks likely to be replaced by Labour leader Keir Starmer on the basis of polling leading up to the election.

We’ll track the day as it progresses and leaders of the key party factions vote, explaining how the voting system works and bringing up to the minute news as it trickles in.

Might the Tories suffer a historic defeat? Might the Liberal Democrats be able to seize a significant tranche of seats and claim as many seats the Conservatives in the new parliament? What will the result mean in Scotland, where Labour is looking to snatch influence from a scandal-stricken Scottish National Party? In Northern Ireland, will a changing political picture affect the future of the province and its delicate position straddling UK and EU politics.

Stay with us through to the first exit poll, which will be unveiled by British broadcasters at 11pm in Europe, and beyond as key results trickle through overnight and as leaders and commentators react to the unfolding drama.

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