A Texas congressional candidate on Monday sued The Texas Tribune for defamation, claiming that the newspaper wrongly identified her as a “racist.”
In an article, Texas Tribune political reporter Patrick Svitek reported on comments made by Sery Kim, a Korean American who is on the ballot for Texas’s 6th Congressional District, during a GOP forum March 31. Responding to a question about U.S. immigration, Kim reportedly said, “I don’t want them here at all.” According to the Tribune, she was referring to Chinese immigrants.
“They steal our intellectual property, they give us coronavirus, they don’t hold themselves accountable,” she continued, according to the Tribune.
“And quite frankly, I can say that because I’m Korean,” she reportedly added.
The Tribune article in question ran with the headline, “GOP congressional candidate in Texas special election loses prominent supporters after racist comment about Chinese immigrants.”
Following these comments, two of Kim’s largest backers, California Reps. Young Kim (R) and Michelle Steel (R) — the first two Korean American Republicans to serve in Congress — pulled their endorsements for her.
In the lawsuit, Kim claimed that the Tribune “rendered judgment on what is the standard for a racist comment” by using the quote from Kim, “I don’t want them here at all,” later adding that “The Texas Tribune’s direct quote from Sery Kim does not have any words relating to China, Chinese, Chinese immigrants or any nouns or pronouns or even adjectives other than ‘them.’ ”
According to the lawsuit, the paper acted with actual malice by writing “outside of the direct quote made by Sery Kim,” the phrase Chinese immigrants “to paint Sery Kim as a racist.”
The lawsuit adds that “at no point” during the forum “did Sery Kim, in direct quotes, say she didn’t want Chinese immigrants here at all.”
I didn’t write about the original story because “Republican candidate says something stupid and offensive” is hardly noteworthy. This is next level, so I have to give her some props. My vast experience in reading and watching legal dramas makes me fully qualified to say that this will be laughed out of court, and if a bunch of Twitter commenters are correct, could subject her to court costs due to Texas’ anti-SLAPP law. I will say this much: If the goal was to stand out in an extremely crowded special election field, she has accomplished that.
Unless, of course, she wins. Stranger things have happened.
I will count how many times Manny uses the words ‘facist’ and ‘racist’ in this comment thread, multiply it by 5 and donate that amount to the Republican party.
Someone should depose Ms. Kim and ask her who the ‘them’ is that she was referring to…
@David… right on.
I like her. Never apologize, never back down, fight back. Attack. Many milquetoast R’s could learn a lesson from her. She should be forcing her detractors to explain why it is they are so afraid to call out the Chinese Communist Party as an evil that needs to be pushed back against. She’s right. Remember when the Chinese consulate right here in Houston was closed, because it was a den of industrial spies stealing American technological secrets? Have we forgotten Bang Bang Fang Fang and her crazy ass ‘romance’ with Eric Swalwell?
She should be asking MLB why Georgia allowing its citizens to vote on Sundays needs to be boycotted, a day after signing a deal with people who have millions of its own citizens in re-education camps.
It’s pretty clear to see who is bought off or otherwise compromised by the Chinese Communist Party, and who is not. And if you don’t support Kim speaking out against the CCP, and against them sending their agents here, maybe it’s gut check time. Why do you support the CCP over your own government and your own citizens? What are you personally getting out of it? Is the CCP cutting YOU a check? Are you getting some commie spy tail out of it? What?
There are literally millions of wonderful, America loving people of Chinese decent here in the US, people happy to have the freedom and success they would have been unable to have in China….that doesn’t mean we should be opening our doors to more commie Fang Fangs, more industrial spies, etc.
In fact, at this time when so many Americans are still out of work because our own government killed their jobs, it’s very reasonable to curtail ALL immigration, until we get our own house in order.
“In fact, at this time when so many Americans are still out of work because our own government killed their jobs”
How about the 555,000 dead people that Trump said would only be a few…
Also, I love when people blame government (any administration) for shipping jobs overseas when it’s clearly the corporations that do that…duh
The half million plus people killed are dead. They don’t need jobs, Robert. They can vote just fine without jobs OR a pulse, as you know full well.
For what it’s worth, I wasn’t even referring to offshoring of jobs, I was referring to all the small businesses shut down by government edict. All the restaurants, like Bernie’s Burger Bus that were forced into bankruptcy by virtue of government lockdown.
Bernie’s Burger Bus didn’t move to China, or Mexico, they, and their employees, are still here in America, looking for work, along with the KeystoneXL workers, the wall builders, etc.
Mr. Fagan it is pretty obvious who the racists and fascists are, since these days they are feeling very free to spout their nasty offensive views.
Hi Jen!
“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be “cured” against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals.”
― C.S. Lewis, God in the Dock: Essays on Theology (Making of Modern Theology)
And just for grins, here’s another interesting quote:
“It was always the women, and above all the young ones, who were the most bigoted adherents of the Party, the swallowers of slogans, the amateur spies and nosers−out of unorthodoxy.”
-George Orwell, 1984
David, I think you are a sick person, but I must admit I do enjoy living inside your head, at no cost.
Orwell was a Bernie Sanders type person, a Democratic Socialist.
Apologies in advance for the hijack, as this is at best marginally related, but it’s too good not to share:
https://americanmilitarynews.com/2021/04/bidens-dhs-may-resume-border-wall-construction-to-fix-gaps-report-says/
“President Joe Biden’s Department of Homeland Security may restart construction on the U.S.-Mexico border wall to fill the “gaps” in the current barrier, according to comments made by DHS Secretary Alejandro Mayorkas, The Washington Times reported.
During a discussion with Immigration and Customs Enforcement (ICE), Secretary Mayorkas told ICE employees that President Biden has left “room to make decisions” on filling in “gaps in the wall,” despite his day-one move to end the emergency declaration on the border and his decision to halt funding to former President Donald Trump’s border wall construction project.”
LOL! I wonder how Nancy “Not One Penny” Pelosi feels about Biden building Trump’s wall? How will those here feel? I mean, first it was mocking, “it will never be built,” then it was, “it’s not really new wall,” then it was, well, the wall won’t work. And now here we are.
Speaking of, when will the OTK gang be protesting the illegal alien kids in cages right here in Houston? Let me know, I’ll join y’all.
With apologies to Wolf…
GUESS WHO’S COMING TO DINNER, OR, WHY WE NEED THE WALL
https://web.archive.org/web/20210405205825/https://www.cbp.gov/newsroom/local-media-release/two-yemeni-men-arrested-border-patrol-identified-fbi-s-terrorism-0
“Two Yemeni Men Arrested by Border Patrol Identified on the FBI’s Terrorism Watch List
Release Date:
April 5, 2021
CALEXICO, Calif. – U.S. Border Patrol agents assigned to the El Centro Sector arrested two Yemeni men within the last 2 months that were identified on a terrorism watch list.
The first incident occurred on January 29, at approximately 1:10 a.m., when agents assigned to the El Centro Station arrested a man for illegally entering the United States. Agents apprehended the man approximately three miles west of the Calexico Port of Entry and transported him to the El Centro Processing Center for immigration and criminal history screening.
Agents conducted records checks, which revealed that the man, a 33-year-old illegal alien from Yemen, was on the FBI’s Terrorism Watch List as well as on the No-Fly list.
Additionally, agents found a cellular phone sim card hidden underneath the insole of his shoe.
The man was transferred to the custody of Immigration and Customs Enforcement.
The second incident occurred on March 30, at approximately 11:30 p.m., when agents assigned to the El Centro Station arrested a man for illegally entering the United States. Agents apprehended the man approximately two miles west of the Calexico Port of Entry and transported him to the El Centro Processing Center for immigration and criminal history screening.
Agents conducted records checks, which revealed that the man, a 26-year-old illegal alien from Yemen, was also on the FBI’s Terrorism Watch List and on the No-Fly list.
The man is being held in federal custody pending removal.
“Part of the Border Patrol’s mission states we will protect the country from terrorists,” said Chief Patrol Agent Gregory K. Bovino. “Today, like every other day, our agents did that. These apprehensions at our border illustrates the importance of our mission and how we can never stop being vigilant in our everyday mission to protect this great country.”
Hey, weird. Isn’t Biden letting in everybody from Yemen now that we don’t discriminate against Muslim terrorists anymore? Somebody needs to notify the Border Patrol, so they can let those two fine future Americans loose here.
4,000 a year were coming in during Trump. Good thing we have a president that is tough on terrorists, including the home grown ones.
4,000 a year? First, post your source, Manny. Second, even if true…..pfffft. That’s amateur hour. Here’s how it’s REALLY done.
https://www.washingtonpost.com/national/march-border-crossings/2021/04/02/150ee61c-93b3-11eb-9af7-fd0822ae4398_story.html
Joe is going for high score! He’s on a roll!
Joe Biden….when you absolutely, positively, have to get every terrorist and illegal in the world into the US….accept no substitutes.
With apologies to Ordell Robbie from the movie Jackie Brown….
And why aren’t you condemning Mayorkas for even THINKING about continuing to build Trump’s wall of hate? Where’s your poutrage, Manny?
@Bill… Bernie’s Burger Bus deserved to lose their space on Yale. Sad excuse for a burger compared to other local offerings, and was overleveraged from the start when they decided to sink $1M into building the space out on Yale. HopDoddy and Hupcap Grill, just a pickle throw away from Bernies, have both managed to stay open throughout the pandemic.
You’re right tho, maybe Bernie could relocate his enterprise to Beijing.
Bill that is 4,000 terrorists, source is the golden buffoon. We all know that he doesn’t ever tell lies.
DF: “I will count how many times Manny uses the words ‘facist’ and ‘racist’ in this comment thread, multiply it by 5 and donate that amount to the Republican party.”
what? not the Green Party?! you mean all that noise about “1-party, 2-party, 3-party, 4” was just a ruse to complain about Democrats?! color me shocked!
Joel, I would not believe that the person that calls himself David Hogan would keep his word. Republicans are notorious for telling fibs; that is lies for the Republicans who may not comprehend the word fib.
SELECTIVE SEXISM AND FREE SPEECH
Kibitzer herewith rises in defense of Kuff calling Sery Kim a “poor baby”, but for limited purposes only.
Issuing this parsimonious two-word comment no doubt qualifies as protected speech under the First Amendment. Especially considering that she is a candidate for public office. Lets duly note, however, that Kim claims to be a non-public figure while simultaneously claiming injury to her fundraising ability as candidate for public office and seeking compensation for such alleged injury.
To wit:
“Actual damages are sought in the amount of $250,000, which is the amount of money Sery Kim would have raised in the final four weeks of the campaign were this racist comment not raise [sic].”
That said, rather than calling a fellow human being who is aggrieved about having a good reputation besmirched a “poor baby” — How is infantilizing a grown woman not sexist? — it would be more appropriate to call her a “poor lawyer”, at least as far as state court litigation goes. And the litigation is the crux of the story at this juncture.
“POOR LAWYER” RATHER
The latter two-word labeling would indisputably be unflattering likewise, but would actually be supported by sound indicia:
As is readily apparent on the face of her prolix 95-page filing, she is unfamiliar with Texas pleading rules and has apparently never even set eyes on a Texas state court pleading for that matter.
What Texas lawyer would title the initial pleading “GENERAL COMPLAINT”?
Further indicia of lack of litigation prowess: There are no jurisdictional allegations; there is no information on the two defendants and where they can be served with process (or why they are being sued in Tarrant County/Fort Worth), and no Registered Agent for the TEXAS TRIBUNE. The paragraphs in the pleading are not numbered, and instead of a PRAYER or a section enumerating the judicial relief being sought, there is a CONCLUSION. The pro-se work product culminates in a factual contention that is utterly out of place, but at least interesting, assuming it is true: that the Texas Tribune’s monthly average viewership is 4,500,598.
No discovery level is specified, nor is there any statement as to whether the case is subject to the expedited action rule. The petition has an affidavit with a fill-in-the-blanks notarization attached on which the name of the notary public is written in as the person making the sworn statement, contrary DIY- instructions on the boilerplate template notwithstanding. Apparently, the notary is no more competent than the pro se litigant. Neither appears to understand what “SWORN to and SUBSCRIBED before me” means. Subscription anyone?
GET A LAWYER WHO KNOWS HOW TO LITIGATE, KIM
As the old adage goes, the man who represents himself in court has a fool for a lawyer and a jackass for a client. That could of course be updated to make it gender-neutral or gender-apposite, as needed.
Sery Kim is either unaware of her lack of courtly competence and her failure to comply with court rules, or doesn’t care and merely resorted to the civil court system to bestow seeming gravitas to her grievances. Her petition is now posted on her seryfortexas dot com website, including copies of some rather unsavory emails she says she has received.
Presumably this self-re-publication of insulting emails — electronic hate mail that wouldn’t otherwise be public — is meant to bolster her clamor for millions of dollars of damages from the Texas Tribune, whose reporting allegedly triggered the insulting emails from readers.
THE QUESTION OF THE PROPER REMEDY: HOW ABOUT MORE SPEECH ?
All this is not to say that we shouldn’t have a serious debate about the propriety of calling each other racists, fascists, sexists, and sundry other -ists.
And as for the TRIBUNE’S handling of such issues , it seems unfair that a person who feels they have been maligned — such as by having their comments characterized as racists — cannot even respond and have their say in a comment section at the bottom of the article in question.
One doesn’t have to agree with Kim’s clumsy attempt to invoke the civil court system to acknowledge that she may have a legitimate grievance, and should be given a chance to lay out her views on Chinese government and/or people, or whatever else might be germane to the racism charge.
CASE INFO: Sery Kim vs. The Texas Tribune and Patrick Svitek, Cause No. 342 32447 21 in the 342nd District Court of Tarrant County; Original Petition captioned “GENERAL COMPLAINT” filed April 5, 2021 (total of 95 pages, including affidavit and numerous exhibits).
LIKELY COMING SOON: Motion to Transfer Venue, Original Answer Subject to Ruling on MTV, Motion to Dismiss by Media Defendant pursuant to Texas Citizen Participation Act (TCPA) and Counterclaim for Attorney’s Fees and Sanctions. …. or Notice of Nonsuit.
I take issue with the term ‘poor baby’ being sexist. It is often used to describe right-wing males promoting the ginned-up grievance de jour.
https://www.huffpost.com/entry/don-lemon-josh-hawley-binkie_n_600fc239c5b600a279627f0e
AMERICAN USAGE & GENDER-NEUTRALITY IN PUBLIC DISCOURSE
If it is empirically true that “poor baby” is primarily used to denigrate males, as asserted by Jen, doesn’t that pattern of usage establish that it is a *sexist* term, and that we should avoid it?
And, if so, wouldn’t it be doubly offensive if misapplied to a female?
And it isn’t merely a matter of sexism and gender-neutrality in speech as a remedy. Office-seeker Kim also describes herself as being a foreign-born child of poor immigrant parents who made a living cleaning toilets and such. Is it appropriate to apply the term *poor* baby to such a person irrespective of the questionable propriety of using the term “baby” to refer to a female politician, or would-be politician?
BORN-POORISM & PEDIGREEISM
It would appear that denigrating someone on account of them having been born poor is *classist*, or at the minimum in poor taste, and unkind. The circumstances of birth are, after all, not under the control of the person being delivered into the world. That’s incidentally also the basis for the SCOTUS eliminating the legal status distinction based on illegitimacy under Equal Protection principles. No more bastards! By Supreme Court fiat. And a good thing it is.
Returning the the merits, are the Chinese even a race? Or the Koreans to the North or the South of the DMZ, for that matter? And what is the relevance of sympathies/aversions for or a against particular national or ethnic groups to foreign policy and international trade? Shouldn’t that be the stuff of clear minds and rational thinking? And knowledge. Ability to distinguish between a regime, a country, a state, and population groups variously defined. – Rather than emotion.
It seems like the substantive issues of public policy get lost in the trading of ad-hominem insults and mutual denunciations and recriminations. An unseemly spectacle.
Joel,
Under all that discussion is the underlying value of freedom, to vote for who you want, when you want, to do what I want, where I want, needing no justification.
Sorry Kibitzer, there must be an acceptable way to mock adults that are behaving in a childish manner, complaining about made-up problems. Grievance politics are what got the right wing where it is today, and are not going away any time soon. The usage of ‘poor baby’ here indicates an adult behaving in a child-like manner, requesting comfort for a made-up injury.
Basically every Republican in public life, every day.
This will be an amazing campaign to watch. Charles is right about Sery. She’s a real piece of work. She was in the Trump Administration for about 3 weeks in 2017. Apparently had no job again until 2020 when it appears she agreed to “volunteer” for Trump’s re-election and was given a position at SBA. She apparently has no assets according to her 2017 financial disclosure but has the money to go all over the world to various hotels and restaurants. Not qualified.