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TALKING POINTS Wynn sets the precedent P by Bruce Spotleson eople in my line of work usually learn the terms "libel" and "slander" in journalism school, but many folks confuse the two. They are not interchangeable. Both can result from defamation, which is unjustified injury to a person's reputation, but they are not the same. Libel is written or printed defama- tion — that is, defamation in pretty much any form other than spoken word or gestures. An untrue statement published in a newspaper, magazine or on the Web can be subject to libel, which is part of the reason most repu- table publishers have a formal process for correcting mistakes brought to their attention. Slander, on the other hand, is defamation that results from the spoken word, from malicious or false comments or oral statements that are broadcast or made in a public setting. In modern times, such statements can find a long shelf life on the Web, and they can be difficult to rectify or retrieve once uttered. Steve Wynn's recent courtroom victory over Joe Francis is an example of slander. It also shows how seriously juries consider defamatory statements that are shared on the Internet. Francis made a fortune on "Girls Gone Wild," those dumb but profit- able soft-porn videos of young women taking off their tops. In the course of enjoying his wealth, Francis amassed a $2 million gambling debt at Wynn's ca- sino here, which Wynn sued to collect. Francis also made unsubstantiated public statements — three times — about Wynn having threatened him, the sort of comments that cannot go unchecked when you have worked to build a reputation such as Wynn has and have a Nevada gaming license that could be jeopardized. Wynn testified that such lies could cause great harm to his reputation and casino empire and might also lead to an investigation by gaming regulators. On Sept. 10, a jury decided that Francis had slandered Wynn and set damages at $20 million. Because the jury also felt Francis acted with malice, it awarded Wynn another $20 million in punitive damages the following day. Wynn, already known locally for his philanthropy, said he will donate money that remains after legal fees to charity. Francis, whose net worth is Court victory in slander case could determine how future rulings are made believed to be more than $150 million, says he will appeal. Wynn also won $7.5 million in a related defamation suit against Fran- cis, who had wrongly claimed casino personnel had used ulterior practices to keep him betting. After the verdicts, Wynn referred to Francis as a "digital assassin" and said he'd won an important victory in the Internet age when destructive state- ments live forever. Of course, Americans — journalists included — are free to express our- selves, so long as such expression is ac- curate and factual. But it seems to me that libel and slander laws have not yet been fully defined on the Internet. Gaming innovator Steve Wynn could prove a pioneer in that regard as well. Wynn referred to Francis as a 'digital assassin' and said he'd won an important victory in the Internet age when destructive statements live forever. There's hope for baseball yet by Richard N. Velotta have had after baseball stadiums were built there, I get that glimmer of hope that resides in all baseball fans. Two decades ago in my old home- town of Denver, we always avoided going downtown. Too dirty. Too scary. Too risky. W 20 But look at the area they call LoDo (for Lower Downtown) now. It is the home of Coors Field, one of the finest baseball venues in the country. Res- taurants and retail shops sprouted up around it. The area is a bustling center of commerce today and an example of what a well-done baseball stadium can do for a run-down area. It's the same story with Baltimore's Oriole Park at Camden Yards. And hen I look at the transfor- mation worn- out or never- had-a-chance neighborhoods Petco Park near San Diego's Gaslamp District. And Safeco Field in Seattle. And even Northern Nevada's home of the Reno Aces. So it's really no surprise that the Las Vegas Convention and Visitors Author- ity hit the brakes when it was asked to delay action on a lease agreement for the Las Vegas 51s this month. Cashman Field, once a gem of Minor League Baseball, is a tired facility that can't keep a major league partner happy. The Las Vegas Triple-A franchise had a dream deal as a minor league affiliate of the Los Angeles Dodgers, the major league team Las Vegans identify with most because of its regional appeal and star power. Because Los Angeles is only a one-hour flight away, Las Vegas was a perfect partner with the Dodgers, and local fans loved the affiliation. But the Dodgers moved their top farm team to greener pastures — Al- buquerque, if you can believe that — because that city's stadium has better training and conditioning facilities. A while back, the city sought propos- als to transform Cashman Center — the stadium, theater and convention venue — into something better to generate traffic to the downtown area. The LVCVA manages the facility, but it's on city ground. The lease agreement with the baseball team promises to give the 51s a new place to play if the stadium is demolished. City officials would love to see a traffic magnet on the Cashman Center grounds. But the city also has big league dreams, and officials know they stand a better chance of hosting Can't help but imagine what a big league ballpark could do for downtown Las Vegas a National Basketball Association or National Hockey League team in a new arena than a Major League Baseball franchise with a stadium. So, for now, the 51s are what we have. So why would a partnership that in- cludes the Howard Hughes Corp. want to buy the 51s? Probably because they've seen what Coors Field has done for Denver and what Aces Park has done for Reno. At- tach a few restaurants and appealing retail outlets to the stadium — some- thing the Howard Hughes people could do well — and you have a successful traffic generator. The only question now is will it be downtown or, perhaps, in Summerlin where interest in jump-starting the stalled mall project has been renewed? I can't wait to see what happens next. Cashman Field, once a gem of Minor League Baseball, is a tired facility that can't keep a major league partner happy. | 24 SEPTEMBER 2012 |