Judge: Abourezk can sue Web site

Associated Press - Rapid City Journal ^ | March 21, 2004 | AP Staff

[Condor51]

SIOUX FALLS — A federal judge has ruled that a lawsuit filed by former U.S. Sen. James Abourezk can continue against an Internet site that put Abourezk on a "traitor's list" for criticizing President Bush.

U.S. District Judge Lawrence Piersol denied a motion on Wednesday from ProBush.com to dismiss Abourezk's lawsuit. Abourezk, who was a Democratic U.S. senator from 1973 to 1979, accused the site of libel.

Abourezk sued last year after his name and photograph showed up on the list along with those of several others, including actress Susan Sarandon, Sen. John Kerry and Sen. Hillary Clinton.

[Condor51]

This is bad for every blog, including the Free Republic. And opens a real can of worms!

BTW, the 'judge' is a Billy Jeff appointee - surprise, surprise.
Piersol, Lawrence L.
Born 1940 in Vermillion, SD

Federal Judicial Service:
U. S. District Court, District of South Dakota
Nominated by William J. Clinton on August 6, 1993, to a seat vacated by Donald J. Porter; Confirmed by the Senate on November 20, 1993, and received commission on November 22, 1993. Served as chief judge, 1999-present.

[lawdude]

I went to Law School with his son. I can only say, nuts don't fall far from the tree!

[Peach]

This is NOT a good decision and does not bode well for internet sites.

[angkor]

former U.S. Sen. James Abourezk

Former public figure.

End of discussion.

[Diogenesis]

Amendment I - Except in District of South Dakota

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a redress of grievances.

[Peach]

A good point which leftist judges are ignoring.

[Dog Gone]

This only means that a motion to dismiss was denied on procedural grounds and the case can go to court. It's way too early to hit the panic button.

[AmishDude]

Now this is just a denial of a motion to dismiss. Are such lawsuits usually dismissed?

[FlashBack]

Unless is 60 days before a general election.

[chachacha]

I think I'd sue also if my name appeared with the likes of Susan Sarandon, Sen. John Kerry and Sen. Hillary Clinton.

This has to be the pits for this poor Senator.

[Cindy]

This case should be interesting.

[longtermmemmory]

no and in general such motions are generally denied. There has to be some discovery to develope a proper motion for summary judgement latter.

This is typical media getting law reporting wrong.

[thoughtomator]

Hmm... one of Clinton's first judges.

There's no way the suit can succeed on legal grounds. If it does, there's an enormous lawsuit on the way against every single Democrat candidate for President. We can start with Kerry, who thinks every Republican is a "crook". That's slander if I ever heard it!

[aomagrat]

Just as the liberals say the 2nd amendment doesn't apply to assault weapons because they didn't exist when the amendment was written, so the liberals will say the 1st amendment doesn't apply to the internet because it didn't exist when the amendment was written.

[Zeppo]

According to this link, when Clinton appointed this judge (and two others), he said: "There are few things that I will do that will have more lasting effect then [sic] the appointment of federal judges," said the President. "Along with Ruth Bader Ginsburg on the Supreme Court, and the many other judges yet to be named, this outstanding group of jurists will change the face of the Federal courts and help move our country forward.".

Clearly this chilling decision by Piersol is right in line with Clinton's plans.

[Jim Robinson]

Vote the RATs out!!

[AmishDude]

OK, I'll say it: This guy was a traitor long before Iraq.

Anybody know anything about this group:

In May, 1980, he founded the Arab-American Anti -Discrimination Committee (ADC), primarily to combat the unfair stereotyping of Arabs in the media. After the invasion of Lebanon, ADC broadened the scope of its action by playing the major role in organizing demonstrations, marches, press conferences and other public events aimed at protesting the invasion. Asked if the new activities were not a departure from ADC's original stated purposes, Senator Abourezk answers: "It's all really part of the same problem. If Arabs were not portrayed by stereotyping as being less than human, some of the things that the Israelis do to them over there would not be so easily accepted by public opinion here."

[AmishDude]

Yep. Traitor. Traitor, traitor, traitor!!!

Condolences, Donations and Memorials for the Late Prof. Said

[Vigilanteman]

In an interview last May, Abourezk's lawyer, Todd Epp, said the Web site can criticize the former senator's views but does not have the right to call him a traitor to his country.

So by the lawyer's own convuluted reasoning, MoveOn.Org and the gang can criticize Bush's views but cannot call him a liar, warmonger, etc. Abourezk's one term in the senate was characterized by a noticeable tilt to the Arab Jew-hating lobby with whom he shares a common ancestry-- so much so that he didn't even bother to run for re-election in 1978.

[Jim Robinson]

I admit that I have on more than one occasion stated my honest and humble opinion on this web site and elsewhere that Bill and Hillary Clinton and their minions are traitors. I believe they have aided and abetted and otherwise offered comfort to the enemies of America and our constitution. And I will include John Kerry, et al, in that same category. If they wish to sue me, I'd say "Bring it on." The trial will be interesting.