By now many people know about ex-Seinfeld star Michael Richards (aka ‘Kramer’) racial tirade at a Los Angeles comedy club. If you don’t check out this video for a first hand look at what happened. Okay, so the hypothetical question is: can Richards be held liable to the two men that he initially berated?
Now, before you pick up your pencils here are some important factors. First, forget about the law for a second (if you are in law school or have recently graduated from law school this will be difficult to do). So you saw the video; now consider if you really have all of the important facts. This article assumes that it has all of the facts, but then this one seems to have additional facts (derived from the attorney hired to represent the two men).
The difference in the facts may not matter to the legal analysis, but it’s important to have the facts straight in most legal disputes. Doesn’t it seem strange that, even with a video of the event, that there would be additional facts that might be important?
Welcome to the world of practicing law (as opposed to theorizing about it). And, for what it’s worth, even without knowing all of the facts other than what I saw on the video, I’m prepared to conclude that Michael Richards is (1) not a stand-up comic, and (2) should be roundly condemned for his grotesquely racist comments. Most of his punishment has already been delivered, but maybe the legal system has something for him too. We’ll see.