Rehnquist wrote that IIRC. Scalia just about had an embolism over it.

And I totally understand where you're coming from. Most people who talk about false accusations are linking to redpill in ten seconds. I didn't mean to be hurtful at all to you.

I never said anyone here was an investigator. But the 2 - 8% statistic I cited is real, and I was disturbed to see a close cousin of that statistic - "4 - 8%" be treated as a nonsensical exaggeration. There is simply no foundation for that kind of dismissive reaction. It's a fantasy. I would not have made my comment…

But if you are accused of a sex assault — even if it's only in a university context where there are literally no legal ramifications what so fucking ever — you get to stay. That doesn't make a ton of sense to me.

Especially because 2 - 8% is in fact the statistic accepted by victim's rights groups. From Vox:

Right. There are a lot of elements here — not least that the judgment for Sony was on a preliminary injunction request, typically a high bar to clear, but is being treated as a disturbing victory for Sony and a damning indictment of the legal system, despite Kesha acknowledging that Sony offered to let her work with…

So one interpretation is that her mother, in 2005, encouraged Kesha's decision not to speak out, and stood by while Kesha gave a sworn statement that she had not been abused. I see her mother was treated for alcoholism in the past few years. Compassion is important, but could substance abuse have played a role in her…

Sorry, the reasons why the judge ruled against Kesha are not topics one can reasonably discuss.

basically no doubt whatsoever? did i miss something — i thought this was a credible allegation at this point? how did we get to "basically no doubt?" because we want to be compassionate? because Dr. Luke is a jerk?

Ding ding ding!

Sony should absolutely be required to offer her an alternative under which she has no contact with him — and under which business decisions regarding her records, promotion, touring, are separated from Dr. Luke's control. But what you mentioned poses an interesting question. If Sony already let her work with other…

You really can't argue that you should be let out of a contract because if you have to sue later for breach of contract it'll involve attorney fees.

Its all speculative. Would Sony do that? Maybe. Would the reality of them doing that, assuming they would, justify a preliminary injunction today? Probably not.

The crux is that Kesha has speculated bad faith, but essentially had nothing to back it up other than the flat assertion that Sony would not promote her albums and would bury her.

Right. This is the issue that clearly determined the result. When you're offered what may prove to be an adequate alternative to working with your alleged abuser, and you decline that accommodation outright based on speculative harm, you're putting the judge in the position of issuing a preliminary injunction to end a…

That's online harassment if I ever saw it.

I think he was kidding. Making a small joke. A microjoke if you will.

I'm confused by people slagging the movie for buying into misogynist tropes by rewriting history as a "what if it was real?"

It only matters to the extent that "harassment" is generally about behavior that society, through misdemeanor criminal law, discrimination laws, etc. can simply stop and punish if it chooses to exercise that authority — in an ideal world. There is no right to harass anyone. It's instrinsic to the meaning of the word.…

Yeah, no. I don't think we live in a culture that normalizes or excuses sexual violence against women. That's far too broad. I think there are institutions within the culture that excuse or forgive sexual violence or harassment against women — I'm thinking of the recent news about Peyton Manning, or a few years ago,…