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Another Updyker Exposed

It's amazing how some people can hate and how their hate can make them do things that defy all sense of decency. It's also amazing how their hate can affect people they have never even met.

I speak of the recent posting on You Tube, of a video of former Auburn Offensive Coordinator Gus Malzahn's wife's interview on an Arkansas Religious TV program. It was evident that the tape had been chopped up and edited to portray the woman in the worst possible light.

Several published reports have given the video credit for almost destroying Gus Malzahn's coaching career. Apparently Malzahn as well, believes that it played a major role in his being passed over for the head coaching jobs at North Carolina and Kansas.

No one knew who was behind this cowardly act directed at attacking Coach Malzahn's wife ... until today when the guy was exposed by Birmingham News journalist Kevin Scarbinski. He identified him as John Phillips, a sports agent, attorney, and radio host who not coincidently is also an Alabama alumnus. Who would have guessed?

Let me be very frank here, this piece is not written as an indictment of Alabama fans. I have plenty of close Bama friends that are good people and would never approve of such action. This article is about behavior of one individual who took it upon himself to defame another man's wife.

One can argue that Mrs. Malzahn should not have done the interview to begin with and they would be right. But although coaches are open to public scrutiny, propriety and common decency says that wives and children are off limits. Period!

To quote Scarbinsky,

"Sports agent John Phillips of the Breakthrough Sports Agency acknowledged ... that he put together the edited version that appeared on You Tube. Phillips earned his undergraduate and law degrees at Alabama."

"I made a parody video that went viral," Phillips said by text. "Mrs. Malzahn's interview speaks for itself. It's bananas. I am not in the business of making enemies out of coaches and meant no ill will."

That response sounds eerily similar to Harvey Updyke, when he was exposed. Like Harvey, he tried to hide from the truth of his act of hatred. Then when he became outed he denied any wrong doing or "ill will." If the video speaks for itself then why did Mr. Phillips edit it and put it on the web?

He did it because he hates Auburn University and like Updyke he sought to hurt and embarrass Auburn.

The only difference between this guy and Harvey is that he is suppose to be an educated professional. But the truth is they are both haters seeking to spew out their hatred via poison.

Harvey poisoned trees or some "things" that represent Auburn. Phillips poisoned some "one's" career that (at the time) represented Auburn.

The video would have never had the same effect had he not wanted to embarrass Auburn and therefore edited it to make her look bad.

A Google search of Mr. Phillips reveals he has made a living suing others. Too bad Gus Malzahn has too much class and decency to sue him.

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Maybe not but ...

Hatred is hatred and it’s venom has the same destructive effect when it’s poured out on the object of it’s focus.

AubTigerman
"The reason you come to Auburn is because of Auburn people.This is a special place, from the coaches all the way to the fans" - Andrew McCain OT

by aubtigerman on Dec 15, 2011 8:21 PM CST up reply actions  

Actually, it's worse...

He didn’t attack a landmark, or a source of pride, he attacked another human being. And for what? Just how stupid do you have to be to not see that?

Come and join me at http://trackemtigers.com

by KoolBell777 on Dec 15, 2011 8:27 PM CST up reply actions  

You're right

I’m stupid for not seeing that. One is illegal and one is not.

by ParadigmShift35 on Dec 16, 2011 6:06 AM CST up reply actions  

No, I am wrong...

And I am the one who is stupid.
You are right, the actual poisoning of the Toomers Trees was an illegal act, and therefore the worse of the two.
I let the intention of both acts, cloud that judgement. That was an over reaction on my part, and an emotional one too. I ask your forgiveness.

Come and join me at http://trackemtigers.com

by KoolBell777 on Dec 16, 2011 6:58 AM CST up reply actions  

It might not be illegal, but ‘defamation of character’ has been used in several court cases. Considering Gus lost about $600,000/yr because of Phillips’ actions…I dunno, he’s the lawyer. You would think that he would know better.

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:10 AM CST up reply actions  

Question:

If he isn’t in the business of creating enemies, why the heck did he go to the trouble to do this in the first place?

I call BS!

This guy did this for one reason, and one reason only. To try and create problems at Auburn, so he could be seen as a hero to the Bama faithful. He is no damn better than “al from dadeville”.

If he would have put that kind of effort into his business, I bet more than one of us would have known he existed.

Come and join me at http://trackemtigers.com

by KoolBell777 on Dec 15, 2011 8:26 PM CST reply actions  

Watched that Iron Bowl thing on ESPN2 last night...

and it just came off as disturbing to me. Anyone who extends their enjoyment of football to the level of actively HATING another human being is absolute scum.

by Caban on Dec 15, 2011 9:27 PM CST reply actions  

Love and hate

are used too loosely. ″I love Carlsberg,″ but ″I hate Budweiser.″ True, but nobody gets hurt. But when we say we hate people, that is too strong. Thus, I never liked fan hatred. Prior to the Iron Bowl, Hightower said ″hate″ is a strong word, that the strongly disliked. Auburn. Odd how fans can take it too seriously, more so than players.

"The same things win today that have always won, and they will win years from now. The only difference is the losers have a whole new bunch of excuses why they don’t win or can’t win."-Bear Bryant

Robot Chicken Star Wars should be canon.

by the thin red line on Dec 16, 2011 1:48 AM CST up reply actions  

whoops... fail reply below

amen…

The players are generally quite confident people with a lot going on in their life.

I really think most of the true crazies, the sort of folks who take it to the extreme level, are people without much except football in their life. It’s unfortunate for them, but its the closest thing to a functional family a lot of people have.

by Caban on Dec 16, 2011 9:23 AM CST up reply actions  

Being a lawyer he is very well aware of the court of public opinion and knew how to manipulate it....

he should be sued for it…….piece of shit dirtbat m*@er F*$&er.

I don't troll so I reserve the right to berate trolls as I see fit.

Just so you know I won't forget.....LSU Jonno predicted we would finish 5th in the west in '11.

by Todd92 on Dec 15, 2011 9:41 PM CST reply actions   1 recs

YEAH

Let’s get him de-barred. Someone who edits a video like that don’t deserve their license!!

by SenClayDavis on Dec 16, 2011 9:14 AM CST up reply actions  

Let’s get you into freshman English first, mkay?

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:17 AM CST up reply actions  

My sincere apologies…feeling a little chippy this morning….

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:25 AM CST up reply actions  

amen...

The players are generally quite confident people with a lot going on in their life.

I really think most of the true crazies, the sort of folks who take it to the extreme level, are people without much except football in their life. It’s unfortunate for them, but its the closest thing to a functional family a lot of people have.

by Caban on Dec 16, 2011 9:23 AM CST up reply actions  

Who can defend the undefensible?

Certainly not me.

But as you point out autigerman she kind of was an accomplice. If anything… considering our court system today the guy wouldn’t be found guilty of murdering Malzahn’s reputation… but he would might be found guilty of maybe manslaughter or considering today’s generation a minor felony with an intent to harm. I just made the last peice up.

Point made.

Updyke #2 noted.

LOL…. funny. As someone else noted… he is a piece of S#%!. Kind of fits. Huh?

WDE

by wde1988 on Dec 15, 2011 10:24 PM CST reply actions  

I haven't said anything much...

But, I happen to know Kristi personally. I kept quiet and didn’t defend her or attack her. I knew this would come out, that just wasn’t like her.

It's Auburn against the world. Good luck world.

by Sparkey on Dec 15, 2011 11:08 PM CST reply actions  

I have no idea what this person's motivations were in editing the video the way he did...

but I would agree that it is safe to assume that he did not intend for it to be very complimentary of Kristi Malzahn….

However, let’s put this in perspective for a moment….

The reaction from the public regarding this video was not primarily determined by the way the video was edited…..The backlash that resulted was a direct response to the attitude towards her husband’s employer (Auburn University)….NO amount of editing was responsible for the things that were said and the way in which they were said….

Actually, I would guess that most viewers were probably annoyed at the way that it was edited more than anything else (the repeated “shut up” phrase almost caused me to stop watching) I think the idea that the presentation of the material was the primary cause for the widespread fallout is completely ridiculous….We may never know how big a role this played in Malzahn’s ultimate outcome, but the extent to which it did have an effect is entirely placed upon Kristi Malzahn’s shoulders, and no one else’s

by bhambammer on Dec 16, 2011 12:39 AM CST reply actions  

We never knew the context of these questions…I agree her comments about Auburn were not ideal..but we do not know if any of these were prefaced with, “Well, we are happy in Auburn…”; “We appreciate the opportunity given to us by Auburn, but if this job didn’t exist and we had our pick of where to go…….”.

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:13 AM CST up reply actions  

This is why I refused to finish watching it.

by Jumpn_JackFlash on Dec 16, 2011 9:18 AM CST up reply actions  

That was the wiser course….I couldn’t stop watching. It was a train wreck!

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:25 AM CST up reply actions  

And yet...

…..She really didn’t say anything that objectionable. Was kind of loud. That’s probably my biggest negative on the thing. I resisted watching it for at least a week, finally caving in when someone posted the RuTube link a couple of days ago.

…..Synopsis: Wants her 18+ year old kids out of the house. Thinks Cam is cute. Mentions that Gus works 18 hour days. Generically calls 18-20 year old kids “stupid.” Takes a few digs at Updyke-level Bama fans, and the general level football craziness in this state.

…..Considering how I acted back when was 18-20 years old, and the behavior of my peers at that time, not much I can say about the “stupid” comment. Disagree about “kids out of the house.” I’ve got one in college, and the other about to go. Already missing the first. Gonna be really lonely for me and the cats when both are out there.

......Drowning in cool elixir.

by Acid Reign on Dec 16, 2011 4:03 PM CST up reply actions  

Honestly, I didn’t see it until a few days ago…..It’s 13 minutes, I wish that I had back :)

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 4:06 PM CST up reply actions  

She ridicules

and treats with disdain the people who want her husband’s autograph, John. These are the same people who enabled his former $1.3M salary. While autographs aren’t my thing, isn’t that biting the hand that feeds you?

Okay, I did however try to get a hand slap from Aaron Murray during the Dawg Walk in Athens a month ago, but that was only because I was right there. and it would have been too late once he figured it out.

Shreveport isn't so bad this time of year...

by War Eagle Atlanta on Dec 16, 2011 9:01 PM CST up reply actions  

As I said..

….There are loud people everywhere. Definitely bit the hand that feeds. On the other hand, she’s not the one bringing in the bacon in that household. Not sure her words should bring down hubby’s career in a smart world. Eh… who am I kidding?

…..I think Murray would have given you one, there in Athens a few weeks ago. That was as copacetic a fanbase as I’ve ever seen. Slap your hand, and just kick your freaking ass in the game. I can deal with that. The Athens crowd was absolutely great. The game with the Bulldogs,ehhh.. not so much!

......Drowning in cool elixir.

by Acid Reign on Dec 17, 2011 12:13 AM CST up reply actions  

My take on that...

I am not sure she understands the “rock star” status that some coaches receive when they are successful in the league.
From her perspective, she knows her husband, like no one else on earth, of course she doesn’t understand what the hullabaloo is all about.

A prophet has no honor in his own country or his own house-JESUS

Come and join me at http://trackemtigers.com

by KoolBell777 on Dec 17, 2011 8:43 AM CST up reply actions  

We'll never know, for sure.

But I can’t totally blame the guy that edited the video. No matter how heavily edited it was, you have to face the simple, unavoidable fact that she gave an interview to a public outlet, and said some unbelieveably stupid stuff. It was edited, yes, but it wasn’t dubbed or photoshopped. She really said some really idiotic stuff. There is no disputing that.

However, you can’t deny the obvious pleasure that some Bammer jackass got from the video. How much time do you think it took for the shithead to sit down at a computer, go through the entire interview minute by minute, decide on the parts he wanted, and edit it? You don’t put that much effort into something if you don’t derive some sort of pleasure from it.

He’s a liar on top of being a jackass. At least own it, dickhead.

All that being said, good luck to Gus. We all know he was going to be gone sooner or later. It’s just sooner. No surprise. He’s right up the street from me, now. I’ll be following him closely.

by CapnVegetto on Dec 16, 2011 1:37 AM CST reply actions  

We'll never know, for sure

The bottom line is that she was in a public venue and said some really stupid things even critcizing her husband. As for the writer editing the video, it’s still what it is, a stupid rant by a less than intelligent woman.

You should be concerned with what your fellow aubs have done in the past trying to bring down Alabama with false allegations and lying to authorities.

by bigal728 on Dec 16, 2011 7:55 AM CST up reply actions  

LOL!!! Pot meet Kettle!!

I swear, Bammers have worse selective memory than liberals!! Have you completely forgotten all of last year and everything the entire Bammer nation spewed out of their toothless redneck faceholes about that Newton guy?

Rot in hell you pathetic hypocrite.

by CapnVegetto on Dec 16, 2011 8:18 AM CST via mobile up reply actions  

That whole Liberal Conservative thing is misplaced and a bad analogy.....

I don’t call myself a liberal but I sure as hell don’t call myself a conservative……the people who paint with so broad a brush piss me off to no end and are usually the ones with their head up their wazoo.

I don't troll so I reserve the right to berate trolls as I see fit.

Just so you know I won't forget.....LSU Jonno predicted we would finish 5th in the west in '11.

by Todd92 on Dec 16, 2011 1:49 PM CST up reply actions   1 recs

This has nothing to do with this post but......

Hokie guy here. Just for my amusement I implore you guys to check out a VT website www.thekeyplay.com and take a look at the video posted under “All of the Hoos.” This will give you some idea of what you’re up against in the Peach bowl. Our rivalry with UVA is nothing compared to the one you share with Alabama, but this is the sort of sh*t we have to put up with. I’m hoping that the Tigers beat them near death. Enjoy.

by HOKIESTONES on Dec 16, 2011 5:33 AM CST reply actions  

My chocolate lab Ralph and I

were discussing this over coffee this morning. I agree that the guy who took the time and effort to string this thing together is a jerk and was looking to hurt somebody or something (i.e. Malzhan and Auburn, respectively). However, when Mrs. Malzhan decided to do the interview, I think she kind of gave up the “off limits” status. She threw herself out there as a public figure, and while her comments were taken out of context, there is no denying she said some stupid stuff. You can’t put that genie back in the bottle, and I think she has to take some responsibility for those actions. In thirty years of following Auburn football, I don’t think I can recall, other than this, a single interview with any coaches wife or family member. Maybe there is a reason for that.

I still have a hard time believing that this interview caused Malzhan to miss those job opportunities. I think in the end, I think NC and Kansas felt they had a better rounded candidate that more fully met their needs. I’m wish Gus well and I’m ready to forget about it. Ralph agrees.

I need a cold shower and a copy of the Auburn Creed

by UglyJoe on Dec 16, 2011 6:11 AM CST reply actions  

I think in the end, I think NC and Kansas felt they had a better rounded candidate that more fully met their needs.

I’m not sure about NC, but Kansas most certainly got the more rounded coach.

by Jumpn_JackFlash on Dec 16, 2011 9:25 AM CST up reply actions  

Ha!

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:26 AM CST up reply actions  

The Act of Editing

The malicious act here IMO is the editing of the video and the fact that this went viral the day of the iron bowl. This clown had more interest in tearing Auburn down than for what the video contained. He wouldn’t have done this for another schools coach or even another SEC school.

Has anyone seen the video in its original form? Did people leave that church thinking the same thing that people thought after watching that video. The act of editing created this mess, and it doesn’t speak for itself.

I’m with you, this is another updyker to a different extent of course. This individual is more interested in tearing down Auburn than caring for his own team.

by irandsert on Dec 16, 2011 8:09 AM CST reply actions  

day of the iron bowl?

not to be nitpicky, but I’m pretty sure this was out way before then….or atleast I saw it way before then…

Let me ask you this, do you think the reaction would have been much different if the video contained the entire interview (or in a slightly condensed form)?
Personally, I don’t think my reaction would have been much different. (and for the record, I didn’t have a very strong reaction to begin with….I just thought she came across as unhappy and annoying…..Also, it seems that she fancies herself as a comedian, and I thought that was kindof amusing….since she isnt)

by bhambammer on Dec 16, 2011 3:47 PM CST up reply actions  

SHE TURNED ME INTO A NEWT!

Anybody who saw the video could easily see the intentions and transparency of both the maker of the video and the people who made a big deal out of it. The only thing I found embarrassing were the attempts of some people to make her interview out to be more than it really was.

It reminds me of the scene from Monty Python and the Holy Grail where they put the nose and the hat on the woman and try to pass her off as a witch just to have an excuse to burn her at the stake.

by AuburnAlum05 on Dec 16, 2011 8:15 AM CST reply actions  

What?

I got better.

"The ball will be spotted at the six-inch-yardline."

by AU Tiger on Dec 16, 2011 8:42 AM CST up reply actions  

The Law Office of John M. Phillips

http://www.knowthelawyer.com/Law_Office_of_John_M_Phillips/Welcome.html

In case anyone cares to share their thoughts and comments with the creative source behind the editing of the video. This web site is, of course, part of being a public figure and is accesable by fans of any and all teams. Either way, why not let him know what you think about his work.

by SEC_rules! on Dec 16, 2011 8:56 AM CST reply actions  

rec'd as the truth

Come and join me at http://trackemtigers.com

by KoolBell777 on Dec 16, 2011 9:30 AM CST up reply actions  

Just from a cursory scan of the main page

I get the sense of an ambulance chaser who is extremely full of himself

Now that the statue/altar/shrine is up, is it in Sabans contract that he gets to take it with him when he leaves?

by myauburn on Dec 16, 2011 9:07 AM CST reply actions  

Updyke wasn't a Bama grad. This guy was.

After the tree poisoning every Bama fan I knew was genuinely embarrassed. Here is someone who claims their cause, and flies their banner and he has crapped his crimson pants on a national stage. Whether they like it or not, Updyke was the face of the Bama nation. Not Saban. Not Ingram. Updyke. How awful.

All I heard from my Bama friends was “He is not an alumni. He has probably never even been to Tuscaloosa.” And even though we knew he had been to Tuscaloosa at least once for the 2010 Iron Bowl, I could sort of sympathize with them. I mean, we are not rushing to put some of the Auburn callers from Finebaum on our 2012 I Believe in Auburn and Love it TV commercials.

But this guy is a Bama grad. Not only that, he is a Bama undergrad and a Bama law grad. So that excuse won’t fly. While, the act of the video vs. the poisoning might not have been as harmful, it was fueled by the same sad pettiness and the same hateful obsession, in my view. For that reason, I think it would be similarly embarrassing. Maybe the two of them should become pen pals.

by AuburnAlum05 on Dec 16, 2011 9:07 AM CST reply actions  

Not even close

By even comparing the two, you trivialize what Updyke did.

What this guy did was no different than any political ad that takes quotes out of context. She still said all of those things.

by tide96 on Dec 16, 2011 9:16 AM CST reply actions  

So costing someone their livelihood is no big deal?

How’s that trust fund treating you?

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:18 AM CST up reply actions  

Are you really trying to justify this??? Really?

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:27 AM CST up reply actions  

No. You said it cost him is livelihood....it did not...Gus cost himself the money...

He had Vandy for 2.5 mil. last year…

I think the video is stupid and didn’t even watch it all. Who cares but it did not cost Gus his livelihood.

Roll Tide.

by Destindune on Dec 16, 2011 9:30 AM CST up reply actions  

Fine. 'livelihood' is a hyperbole.

Fact is this lovely tape did cost him more lucrative and prestigious positions.

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:41 AM CST up reply actions  

So you're saying

that a successful political ad that ends up costing somebody their campaign should be a basis for a lawsuit because the subject of the ad didn’t win the office?

by Promeco on Dec 16, 2011 12:31 PM CST up reply actions  

Excellent point.

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 12:41 PM CST up reply actions  

Didn't remotely cost him his livelihood...

but a grown man, particularly someone with a post-secondary education, should be a bit more mature than this guy is.

by Caban on Dec 16, 2011 9:28 AM CST up reply actions  

So you’re saying that Arky St. was his first choice and that NC was not? And that this little diddy had nothing at all to do with him continually getting passed over for HC elsewhere-when that is what he wanted to do more than anything???

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:30 AM CST up reply actions  

Most AU fans didn't say "go for it".....

most didn’t think it would happen because of the discrepency in pay and less visible job. If he left in part due to the flack from this interview which in no small part was inflamed by this edited video then he lost a half million a year and while I am not worried that Malzahn will have scrimp and save to feed, clothe, and shelter his family it is still a huge loss.

I don't troll so I reserve the right to berate trolls as I see fit.

Just so you know I won't forget.....LSU Jonno predicted we would finish 5th in the west in '11.

by Todd92 on Dec 16, 2011 11:16 AM CST up reply actions  

Ohhh.

I got Hollidayed!

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 12:41 PM CST up reply actions  

And for good reason…..

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 12:46 PM CST up reply actions  

You forgot...

….the ad-hominem, WEA!

......Drowning in cool elixir.

by Acid Reign on Dec 16, 2011 4:08 PM CST up reply actions  

Truth!

My sincerest apologies and an olive branch to tide96!

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 4:33 PM CST up reply actions  

and those political ads are also incredibly wrong...

it’s disturbing that the folks who should have the biggest responsibility to be upstanding citizens and role models are given a free pass on lying through their teeth about someone else because it’s “just how it’s done”

by Caban on Dec 16, 2011 9:26 AM CST up reply actions  

I agree.

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 9:28 AM CST up reply actions  

My point is

The same embarrassing mindset is there in both instances. The problem is not the UA Law degree hanging in one’s office or the crushed velvet Bear Bryant portrait hanging in one’s trailer. Its a hateful, and quite frankly useless, obsession that people carry whether they are executives or pulp wooders. They want to effect the rivalry but can only do so negatively.

by AuburnAlum05 on Dec 16, 2011 10:36 AM CST up reply actions  

Email The Sports Attorney

jmp@knowthelawyer.com

Accountability for actions that harm others is everybody’s and nobody’s responsibility. If this guy was really “craving attention” he would have taken public responsibility up front for the editing job. His 15 minutes of fame began when a journalist exposed him for what he truly is. I helped organize teams and worked Disaster Relief after the Tornado and made a lot of friends with folks from U of A. They are equally disgusted with this clown. Let him know he doesn’t get a free pass to tear down what others have been working to build up.

by SEC_rules! on Dec 16, 2011 9:44 AM CST reply actions   1 recs

Not here to defend the video, but it's hardly the kind of thing that will support a defamation lawsuit.

I’ll defer to the smarter folks around here, but isn’t this what happened: (1) a lady goes on TV and says silly things, some of which are silly in any context and some of which may be silly only if taken out-of-context and then (2) some guy gets that public video and edits it in a manner that portrays the lady as ridiculous?

If the Malzahns think the portrayal isn’t accurate or that the edits made the video misleading, I think the proper remedy is to release the whole tape and let it speak for itself. Besides, the video portrayed Ms. Malzahn as silly or shallow or flightly, not evil or conniving or immoral. As long as he didn’t put words in her mouth, I don’t see that there’s a good lawsuit there.

by first and thom on Dec 16, 2011 10:05 AM CST reply actions  

I never have liked suing someone...

I don’t see this as the kind of thing you could sue about. (Not a lawyer: disclaimer)
Still, the intent was malicious, the exact same intention as “al from dadeville”, to harm Auburn. Anyone that denies that has their head in the sand, IMO..

Come and join me at http://trackemtigers.com

by KoolBell777 on Dec 16, 2011 10:09 AM CST up reply actions  

I agree that the intent was to hurt Auburn, but the means was by using Kristi Malzahn's words.

Taking snippets of a video can be done with malice (and certainly was done with malice here), but I think (without being burdened by any actual knowledge) that the truth is an absolute defense. As long as somebody only uses your own words, there’s no hope of winning a lawsuit.

by first and thom on Dec 16, 2011 10:20 AM CST up reply actions  

You could absolutely sue somebody...

if they, specifically with malice, altered the content of your message sufficiently that the statement they are trying to imply is false.

Whether or not it’s using someone’s own words is irrelevant if the standard of truth isn’t met.

by Caban on Dec 16, 2011 10:47 AM CST up reply actions  

I'll let the lawyers be lawyers...

… but it’s gotta be tough to convince a jury of chuckleheads like me that you can defame somebody by making a video of publically-available statements and editing them together in a manner that emphasizes the negative. There’s an awful lot of subjectivity in “alter[ing] the content of your message sufficiently that the statement they are trying to imply is false.”

The Malzahns are public folk, and Kristi Malzahn put herself out there by going on a TV show and running her mouth. She is not the charactiture that was portrayed in the edited clip, but if failing to portray somebody with perfect accuracy is the standard for defamation liability, then we’re all screwed. And doesn’t a public person have to show reckless disregard for the truth in a slander case?

by first and thom on Dec 16, 2011 11:05 AM CST up reply actions   1 recs

Not an attorney

But I’m pretty sure the editing portion would fall under ‘satire’ and not be subject to any libel claims. .The guy is an attorney, you know. It’s unlikely he’s going to open himself up to such a huge legal exposure.

She said what she said and it’s within the public domain. Yes, I think the guy is a shithead, but he’s not going to lose in a civil or criminal court.

Shreveport isn't so bad this time of year...

by War Eagle Atlanta on Dec 16, 2011 12:30 PM CST up reply actions  

So, in further reply...

… we can adjudge our editor friend to be guilty in the court that matters – the court of “Dude, you suck” – but he’s probably got no worries in a court of mere law.

by first and thom on Dec 16, 2011 10:21 AM CST up reply actions  

While the edited version made her look really bad

As much as I hate to say it, she came across “not so good” in the parts that were not edited. It was pretty easy to tell what parts were edited and which were not. I really think it hurt Gus in the employment arena.
All that being said, Phillips went over the top on this and deserves to suffer whatever consequences befall him.

Now that the statue/altar/shrine is up, is it in Sabans contract that he gets to take it with him when he leaves?

by myauburn on Dec 16, 2011 11:06 AM CST reply actions  

Well said.

Master Phillips is a sad, small man.

But let’s not let that obscure the fact that if this had been the wife of a coach at any other school, we’d all call Kristi Malzahn for what she is: a rube. I feel bad that this happened to Gus, but the notion that there is any kind of actionable claim here is beyond absurd. If those comments had belonged to Saban’s wife (Terry?), the laughter in these parts—and in my house—wouldn’t subside for months, if that.

I’d part with several shiny nickels to read transcripts of the Malzahns’ conversations about this over the last three weeks.

by calltheobvious on Dec 16, 2011 1:52 PM CST up reply actions  

True.

I’ll be the first to say that I overreacted with many of my above comments about ‘defamation of character’. And perhaps, I have been an out-and-out a$$ to some people…..Sorry for that.

Honestly, though, if the situation were reversed, I don’t know how I would react. What irritates me the most is that it wasn’t Gus that participated in the video/interview and yet he’s the one that was most hurt by it. It sticks in my craw, as it were.

"We see the door; we're here to knock it down"-Cam Newton

by Tiger on the mountain on Dec 16, 2011 2:25 PM CST up reply actions  

A message John Phillips wants relayed...

John has reached out to the Malzahn family and conveyed his regrets. He’s offered to donate money to their preferred charity. They actually want this to die down, too, because it is an embarrassment to all involved. It is why the original version was removed. Kristi was nervous and said way too much.

As indicated in the Scarbinski article, John quickly made a parody of it, as he has a radio show and frequently has fun with some of the crazier aspects of sports. He uploaded the clip the Friday after thanksgiving for his friends. He thought the original video was bizarre and Kristi went way too far on some things. When he returned, he learned the video had gone viral and took it down. Scarbinski is actually well acquainted with John and has done a very nice piece on him and his clients before. John is working on a book and spoke with Kevin just last week about it. John is not a bad guy and gives a lot to the community. He’s far from overzealous and has great disdain for Harvey Updike and all those like him.

It is true that John’s father went to Auburn and many in his family are Auburn fans. He’s received some ribbing, but those that know him know he’s got a weird sense of humor. He in no way meant malice or to persecute Kristi Malzahn. If he did, he could have focused on it very differently. Kristi is heavily involved, to her credit and admission, in the recruiting and guidance of players. She had a bad day and said too much, too awkwardly. Much has been made over very little. Kristi’s comments were really no big deal in or out of context. Bizarre? Yes. However, given that the original video is something Cross Church and Auburn pulled despite being up for 2 months, it makes it difficult to describe it to those that haven’t seen it or for those that didn’t download, to understand it.

Feel free to flame this or John. While he thinks most of this is being blamed for the message, he regrets being the messenger and parody’ing the message. He’s addressed to with the appropriate person.

by JohnPhil on Dec 16, 2011 9:59 PM CST reply actions   1 recs

Appreciate

your perspective on this subject.

Shreveport isn't so bad this time of year...

by War Eagle Atlanta on Dec 16, 2011 11:55 PM CST up reply actions  

Are you John Phillips trying to cover your butt or...

Talking as a messenger.
Regardless of which, the intention to cast her in a bad or worse light (however squirrely she is) is reprehensible and worthy of an Updyke comparison.

Now that the statue/altar/shrine is up, is it in Sabans contract that he gets to take it with him when he leaves?

by myauburn on Dec 17, 2011 7:34 PM CST up reply actions  

Consider the bammers

I have been saying for years that “the Bammers” are the closest thing we have in America to those psychotic soccer fans overseas (and certainly not all Alabama fans are Bammers, probably just 4 or 5% of the total fan base) … and now their hatred has been made manifest to the extent of Harvey Updyke, Danny Sheridan and John Phillips. Is it really going to take someone getting injured before all this comes to an end?

by Triumphant Tiger on Dec 17, 2011 8:56 PM CST reply actions  

Let's all take a moment....

Seriously folks:
http://gif.mocksession.com/wp-content/uploads/2011/10/SETTLE-THE-F-DOWN.gif

If that clip had been of Marc Richt’s wife, or Mack Brown’s wife or any college coach of any note, it would have been funny. It’s funny, the dude that posted it clearly thought it was funny.

There’s WAY too much of her talking continuously for anyone to honestly argue that it’s “out of context”. Is it edited to increase the hilarity of her comments? Absolutely. But it’s not "out of context’ when there’s full paragraphs of context on all of these quotes.

I didn’t think it made her or Auburn look bad – I just thought that she was kind of a nutty lady who probably shouldn’t have said a few things she did say. Not the end of the world for anyone. If it cost him money/jobs then those universities who passed are the crazy ones. If you think the guy can coach, then this shouldn’t have moved the needle.

Comparing a dude who posted a funny video to a guy who poisoned trees is borderline delusional. And that kind of “logic” is what drives us all to the edge of something nasty, not what’s ultimately an amusing video of a woman who probably had 2 too many cups of coffee and was a bit nervous in front of a big congregation.

Hell, she seems like fun. I’d guess if you had a couple of beers with her, you’d probably come away with the impression that she was a woman who was a blast to hang out with and told some reasonably funny stories about her husband’s interesting job.

Let’s all just chill out a touch.

by EllBama on Dec 19, 2011 9:36 AM CST reply actions  

There’s WAY too much of her talking continuously for anyone to honestly argue that it’s "out of context".

If that’s the case, why edit it at all? And why were the questions edited? It’s hard to gauge context when you can’t tell how all the questions were presented.

The guy took down the video after it had gone viral because he realized he made a mistake posting it. He then reached out to Gus and his wife to apologize for any harm it may have caused them.

How can anyone still defend or trivialize what he did after that? I mean, if the guy who edited and posted it in the first place realizes it was wrong, then how can anyone else come to a different conclusion?

Is this a big deal in the grand scheme of things? Probably not. But ask yourself this: if you were the target in the video, how would you feel about it then?

by Jumpn_JackFlash on Dec 19, 2011 10:52 AM CST up reply actions  

The questions were ostensibly omitted because they ran the video longer, and the edits were pretty clearly in there to include the “Gus said, ‘SHUT UP’” or whatever it was. The edits were for HUMOR.

If it had been any other coach in the country, we’d all be laughing. BECAUSE IT IS A FUNNY VIDEO.

If I were the target of the video, I’d likely be embarrassed by what I’d said. I’d feel a bit dumb for being so frank on such a public stage. Then, I’d react how I’d guess she did. Have a couple glasses of wine, laugh about it, and move on.

The guy who edited it and posted it took it down because he wanted to protect his reputation after the world overreacted. I’m not saying for sure that he didn’t lose opportunities because of what she said (or, believing your argument, how what she said was edited).

My point is the WORLD has overreacted to this, and comparing the dude who posted funny videos of your (now former) coach’s wife to the asshole who poisoned your landmark is stupid and counterproductive. And it only encourages more overreaction in the future.

by EllBama on Dec 19, 2011 3:55 PM CST up reply actions  

The questions were ostensibly omitted because they ran the video longer, and the edits were pretty clearly in there to include the "Gus said, ‘SHUT UP’" or whatever it was. The edits were for HUMOR.

This is my point. If the video was edited, including the questions asked, then how are we to properly judge the context of the answers? The answer is, you can’t. And unless you are John Phillips, we can only guess as to what his reasons for editing the video were, which is exactly what you have done here.

I agree with you that this is in no way equivalent to the poisoning of the Toomer’s trees, but that doesn’t change the fact that it was wrong to post that video. PERIOD. If it was no big deal, why would Phillips remove the video and reach out to the Malzahns to apologize? My guess is that he realized what he had done was wrong and was man enough to own up to it. Does that make it any less wrong? No, but at least he had the stones to own up to it. I can respect that. If Phillips can admit it was wrong, how can you continue to trivialize it? Just because you say it wouldn’t bother you that much (which I find very hard to believe) does not mean most people would react the same way. I know if it had been me, I would have been pissed.

by Jumpn_JackFlash on Dec 19, 2011 5:34 PM CST up reply actions  

Bottom line,

Your guy attacked another man’s wife on the world wide web. You can’t do that and expect no reprecussions.

by PineMtTiger on Dec 19, 2011 10:56 PM CST up reply actions  

She is a good woman...

You don’t know her. She is very nice. That’s all I will say. I know her.

It's Auburn against the world. Good luck world.

by Sparkey on Dec 19, 2011 12:52 PM CST reply actions  

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