Precious Roy wrote:
The only "proof" you need in a civil case is admissible evidence that convinces a jury that they should find for the plaintiff by a preponderance of the evidence. NOP athletes would be able to testify that they didn't do drugs and put into evidence all the drug tests they have passed. If the defendant fails to come up with sufficient evidence to convince the jury that the doping allegations are true, then the NOP athletes could win if they show that the defendant knew the allegations were false or acted with reckless disregard for the truth
No, "preponderance of evidence" applies only to proving malice/reckless disregard/negligence and so forth. The falseness of the statement of fact has to be established before anything else is considered. If you try to establish that based on the good word of athletes that they don't dope, you won't get to trial. Athletes lie about doping all the time despite passing tests. WADA itself has a "likely doper" list of people who breeze through testing.
It would also be hard to prove malice, reckless disregard or even negligence or damages when the posts here are a public discourse about public figures. Track is plagued by doping; what's more "negligent," failing to "know" someone didn't dope, or failing to know the sport is so dope-addled that noone is above suspicion? Which current elite was unaware of that general suspicion when they first chose their career path, and in that context, whose career is "damaged" by it? Which accusations short of an actual failed test have cost anyone a sponsorship, appearance fees, or publicity? Who has gotten booed at meets - even for actual failed tests - other than Gatlin?
Victor Conte should not have settled with Marion Jones, as he would have won. He should have defeated her lawsuit publicly and set a clear precedent that elite athletes can never be presumed or even found clean under the law.