Bubba the Love Sponge found not guilty

2

Bubba ArmyCox Media Group and RadioIO shock jock Bubba the Love Sponge Clem was found not guilty by jurors in the defamation trial that Compass Media Networks’ Todd Schnitt “MJ Kelli” filed five years ago. Clem was found not guilty on all counts.


The judge had previously dismissed five charges against Clem in the case.

After the verdict, Schnitt’s attorneys quickly left the courtroom. Schnitt said nothing as he exited. He wife Michelle appeared to have been crying, reported The Tampa Bay Times.

“We believe in the juror system, and we’re disappointed,” said Jonathon Ellis, one of Schnitt’s attorneys.

Across the aisle, Clem’s team exchanged hugs, patted each other on the back and posed for a picture.

“If you can’t take the heat, then get the hell out of the kitchen,” Clem said after the courtroom cleared.

Clem vowed to have an MJ funeral in the streets in St. Petersburg with an effigy of MJ hanging and a casket.

“Jokes, my friend, jokes,” he said.

The case drew international attention for happenings both inside and outside of the courtroom. First up, representing Schnitt, was C. Philip Campbell, the attorney charged with DUI last week in an alleged setup by the opposing firm. If justice was working properly, the jury was oblivious as it watched Campbell prop his elbow on a pulpit, remove his glasses, look at them shrewdly, and describe the consequences of Clem’s “hatred.”

More excerpts from the article:

“Can I ask you guys a question?” Clem asked on the air. “Do you hate this guy? I know you think I’m obsessed with him. … We are so obsessive. We are seek and destroy. I will not be happy until I have an MJ funeral in the streets of Tampa. … I can’t wait ’til this guy is out of town. Seek and destroy. We don’t put people down. We break their necks. That’s the way men do it.”

The defendants would suggest, Campbell said, that this was free speech — “that this was just a joke. This is satire. This is hyperbole. This is exaggeration. I didn’t hear any humor. I didn’t hear any satire. I didn’t hear any exaggeration in Mr. Clem’s voice, and neither did his audience, neither did his army. His Bubba Army. …

“To talk about free speech at the moment: We sit around in our homes over dinner, or having coffee with our friends. We talk about politics. Our families. Our friends. Our co-workers. Our bosses. In the case of our bosses, not always in flattering terms. But we don’t call family members and friends whores. We don’t accuse our family members and friends of committing crimes. What are we doing in terms of our community these days to suggest that it’s okay to get a microphone and talk to an audience… of some 400,000 people and accuse my clients of crimes. Suggest that Mrs. Schnitt, mother of two beautiful children, is an unchaste woman, an unfaithful wife. …

“What did his audience believe? What did they think about the things Mr. Clem was saying about my clients? We know what they thought. … On Mother’s Day, one of the most precious days of the year for a mother … their children were about ready to take their mother out for breakfast … the son runs out the door and what does he see? The house, just covered in eggs. And what else do we know the evidence shows? That as Mr. Schnitt started taking the time not to have breakfast with the family, but to try to start cleaning up the mess … he finds a note, in nice big capital letters: BUBBA ARMY. Exclamation. Exclamation. Exclamation. …

“And as they’re coming back to Tampa on the Courtney Campbell Causeway, people in an adjacent car recognize who they are and then they make a point of attacking them while they’re driving down the road, in some instances at 60 miles an hour. Mr. Schnitt slows down, hoping they’ll move along about their business. They slow down. He tries to speed up a little bit to get away from him. No, they’re not letting him go. They’re screaming at him, screaming the same things that we heard from Mr. Clem’s statements on the air. ‘Your wife’s a whore. Your show sucks.’ Lots of other names you heard from the evidence. And they swerve toward them. He was able to swerve out of the way off the road. Thank God nobody got hurt. Because the other half of the statement seek and destroy might very well have happened. …

“What’s adequate compensation for weeks and months and years of humiliation, of shame, of hurt feelings, all caused by a man who out of sheer hatred for Mr. Schnitt felt compelled to tell his 400,000 audience one lie after another? $500,000? A million? $2 million? $2.5 million? What is it worth, to spend the first two years of 2008 through 2010 afraid to go out of your home, afraid to go out? Be faced, as Mr. Schnitt testified, pulling up to a gas station or going to a grocery store … in fear that someone is going to start screaming in front of your children?”

Campbell left that question in the air as the defense began its statements.

Shortly after 10 a.m., attorney Joseph Diaco walked to the lectern and made a case for Clem centered around the First Amendment, arguing that Clem’s statements were nothing more than opinions, exaggerations and jokes — part of a “clown show” and a “radio war.”

“This is a case about the First Amendment, protect speech, and the overwhelming evidence, when taken in context, is that every single bullet point (that Clem said) is protected opinion, hyperbole, satire or simple name-calling, in other words, protected speech, speech that’s protected by the First Amendment of the United States. It guarantees our right to freedom of religion and freedom of speech, the right to have an opinion and engage in a robust dialogue of public ideas. …

“Your decision must not be swayed by emotion or whether you found the words to be offensive or intentionally hurtful. You have an obligation to follow the law, even if you don’t believe it or don’t want to. …

With regards to Mr. Schnitt: “This is a guy who’s been making a living, a very good living, making fun of people and insulting people. He’s even included his own wife. And when you have made a living insulting people and you’re a public figure, you are subject to harsh criticisms, jokes and even insults that the free market of ideas and competition allow for. …

“Mr. Schnitt stipulated he did not have any economic damages, none. So why are we here? So if he doesn’t have a penny of economic damages, and he can’t bring any witness who can testify over economic damages, why are we here? Are we really here over an egging and hurt feelings?”

Diaco said the same is true for Michelle Schnitt: “For her to come here and say to you that her professional reputation has been damaged without a single witness, not one witness who will testify to that, when she wasn’t even practicing law. That’s not supported by the evidence. That’s not supported by the law, and you cannot award her any economic or reputational damages. …

“Mr. Clem was the butt of his jokes. … No one is going to the Bubba the Love Sponge show to learn an objective fact. It’s a farce. …

“Do you recall the audio where Mr. Clem uttered the word ‘whore,’ they were laughing. Everyone in the studio was laughing. As Mr. Clem said, it’s no different than a ‘your mama’ joke: it’s not intended for the mother, it’s intended for the person you’re speaking toward. …

“This case reminds me of an old adage, ‘sticks and stones may break my bones, but words will never hurt me.’ No words ring truer. …

“What do you do when you’re in a radio war and you’re not winning? Sue, sue, sue. You see, (Schnitt) could not beat (Clem) in a competitive marketplace. …

“You’re entitled to your opinion, and in America you’re allowed to express it. They want you to punish Mr. Clem with punitive damages when they can’t provide any evidence of economic damages. Be careful when you monetize words. What a slippery slope. …

“The right to have an opinion, the right to express it in harsh terms, is a right we enjoy in our country. If you don’t like Sean Hannity, turn to Rachel Maddow. If you don’t like Rachel Maddow then turn to Sean Hannity. If you don’t like either of them, turn it off. Read a book. …

“You know there is only one verdict that is supported by the evidence and the law: a verdict for the First Amendment, a verdict for free speech a verdict for the defendant.”

See the Tampa Bay Times story here

RBR-TVBR observation: Yes, Free Speech and it works both ways. Both Clem and Schnitt exercised it well. But Tampa is Bubba’s town—has been and always will be. What was Schnitt thinking?

2 COMMENTS

  1. Seriously RBR? Free speech is all well and good, but you can’t maliciously lie about someone with the intent to destroy their life and/or reputation. That is called slander. Schnitt’s wife is in fear for her safety. Does that sound OK to you? Furthermore, it is well documented that this Clem fellow is a Grade A jackass. There have been several incidents of him harassing, threatening, and slandering people that he doesn’t like. Don’t believe me? Ask Hulk Hogan, or former professional wrestler Awesome Kong. They were both on the receiving end of simply disgusting comments by him. Since when is it acceptable to say that you “break necks” of people that you dislike? I’m sorry, but this guy is not a man, nor is he worth listening to. Would a man call another man’s wife a “whore” and think that’s OK? Sadly, that seems to be what passes for entertainment these days. This case should’ve been decided for Schnitt. Furthermore, if Cox Radio had any sense of morals or decency, they would take this guy off the air immediately. But again, that doesn’t seem to matter anymore….all that matters is the almighty dollar, and how much of it you can make. Sickening.

Comments are closed.