Kanye West vs George Floyd

The family of George Floyd has made headlines for filing a lawsuit against Kanye West for allegedly defaming the memory of Mr. Floyd. However, there are several issues with this lawsuit that raise questions about its legitimacy and the very concept of defaming a dead person.

Firstly, there may not be standing for the lawsuit. To have standing, the plaintiff must have suffered some sort of harm or injury. In this case, it is unclear how Kanye West has harmed the family of George Floyd by allegedly defaming his memory. Defamation typically involves making false statements about a person that harm their reputation, but Mr. Floyd is no longer alive to have a reputation to harm.

Secondly, there is significant doubt surrounding what actually caused George Floyd’s death. While it is widely known that he died during a police encounter, the exact cause of death is still uncertain. The Hennepin County Medical Examiner did not issue an opinion on the cause of death, and there are conflicting reports about the amount of fentanyl in Mr. Floyd’s system at the time of his death. The video footage shows him inhaling fentanyl, and his femoral blood taken after his death showed over 11 nano-grams per milliliter. However, the MEA has certified cause of death when there is 4-5 times that amount present, and opiate naivety cannot be quantified. The most accurate measure of fentanyl toxicity, according to peer-reviewed literature, is that drawn from the deceased liver. It is unknown if that reading was taken.

Given these uncertainties, it seems unlikely that a lawsuit against Kanye West for defaming George Floyd’s memory would hold up in court. Furthermore, it raises questions about the very concept of defaming a dead person. Defamation laws are typically intended to protect living individuals from harm to their reputations. Without a reputation to protect, it becomes difficult to justify the existence of defamation laws in cases involving deceased individuals.

Despite these issues, the lawsuit has garnered significant attention and raises important questions about the circumstances surrounding George Floyd’s death. The video footage of his encounter with police has sparked a nationwide conversation about police brutality and racial injustice, and the controversy surrounding his cause of death highlights the need for transparency and accountability in police investigations.

In conclusion, while the lawsuit against Kanye West for defaming the memory of George Floyd may be well-intentioned, it is unlikely to hold up in court due to issues of standing and the difficulty of defaming a deceased person. However, the lawsuit serves as a reminder of the ongoing need for justice and accountability in cases involving police brutality and racial injustice.