Forum: HoseHeads Sprint Car General Forum (go)
Moderators: dirtonly  /  dmantx  /  hosehead

Hearing penalties were possibly handed out today? 

No penalties to be handed out because it didn't happen! T-Mac NEVER once used a racial slur Sunday night. This is all just a bs rumor that needs put to rest. Whoever said they heard from 2 different track officials that say Terry did say that, either you or the track officials are lying! The Clarks have taken down the post on their Facebook page because they were being threatened to be sued over it. So let's drop all this racial BS and just go racing! Terry is a very good guy who is great for the sport, and has way too much to lose by using a racial slur towards a track official or anybody for that matter. Go TMAC!!!!!!

T Mac is the best sprint car driver to ever grace the earth. 

That would explain why they didn't directly name him.

Under what grounds could they be sued? Are you an idiot?

Well, if T-Mac had definitive proof he didn't say anything then it could be libel as it could potentially damage his ability to make a living. 

The post never named anbody. It can't be libel if they didnt state who said something.

Another person who doesnt know the law.

The person who doesn't know the law would be you.

To quote the EFF: To state a defamation claim, the person claiming defamation need not be mentioned by name—the plaintiff only needs to be reasonably identifiable. So if you defame the "government executive who makes his home at 1600 Pennsylvania Avenue," it is still reasonably identifiable as the president.

I'm saying that McCarl was reasonably identifiable in the post as I am not a lawyer and not fully familiar with the legal definition of reasonably identifiable but it seems in this case he probably would be.

Thanks for playing though.

T Mac ran his mouth with Tree Stand race team.. How did that work for him? Sammy loved it.

Ask TMAC ho much his fine was.

I never said he was gonna win in court or anything, just said that's what happened to make Clarks pull down post! . I know that was a real idiot thing to do though! 

if he did get fined, which I have not heard of any, it would simply be for his yelling at an official, NOT for using a racial slur! Nobody's denying he threw a fit, I don't blame him, that's just Terry, but he is too smart and has too much to lose by using a racial slur. And has every right to be pissed if people are making up rumors or putting them on their Facebook page about him using a racial slur, the man has a brand to protect, c'mon! So no, I guess sueing is not out of line. Idiot

Defamation and Libel are very hard to prove for a public figure, and since this involves sprint car racing Terry McCarl would be considered a public figure. In this case you would have to prove actual malice which is almost impossible prove for a public figure this is why Celebrities, Athletes, Politicians don't go around sueing everyone who says somthing bad about them.

I'm familiar. Tough to prove actual malice, especially with public figures as you stated. Never said they would win if it was pressed, just pointed out that there would be a case heard if it was escalated. 

Remember when T-MAC viciously attacked a pot of flowers? 

I am not sure but if the Clarks were upset and butt hurt about T-Mac and and then made public accusations infering that he made comments to them that he didn't make, that sounds like revenge. That to me is malicious.

When the comments the Clarks posted didn't actually refer to Terry by name, but were worded in such a way to be taken to be interpreted it was Terry, i was wondering just how accurate the story was.

Sorry, wasn't clear - "actual malice" is a legal term. In cases involving defamation, it's a standard that usually needs to be met for public figures. 

https://en.wikipedia.org/wiki/Actual_malice