Bias can't be ignored in CBS Case

The Dallas Morning News ^ | January 13, 2005 | Terry Eastland

[alessandrofiaschi]

[Military family member]

There are several parts to a libel suit:

1. Publication

2. Proving it false

3. Malice

4. Damages.

Malice is the tough one to prove. The first two are fairly easy, but if you cannot get beyond malice, there is no case.

[swilhelm73]

Well, we can quite easily tell there was no bias in the CBS TANG scandal, because CBS felt the same competitive pressures to rush the Swift Boat Veteran story to press in March 2004.

Oh, wait, when there was a blockbuster news story about the Democrat candidate's military service, CBS was happy to ignore the story and allow their competitors to cover it first if they wanted to (which, interestingly, no one in the MSM wanted to...).

If spending five years delving into Bush's NG service, and then using what you knew where fakes because that was the best you could do before the election, while consulting and coordinating with the Democrat party, isn't the epitome of bias, I don't know what is...

[EagleUSA]

I now believe that the reason the SOURCE will not ever be revealed is because it was Rather's daughter that did the deed.......
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Very possible - she is a raving leftist as her father is. Birds of a feather. Logic has been replaced by arrogance and conceit...they are capable, as we have witnessed, of ANYTHING. The Clintons set a real "standard" for the radical left.

[SAJ]

Provable negligence will satisfy the malice element in most states' libel laws. See Jadwin v. Minneapolis Star & Tribune Co., 367 N.W.2d 476, 491 (Minn. 1985).

The standard is typically ''knew or should have known in the exercise of reasonable care'' that the defamatory statement(s) in question were false.

[altura]

They pursued the swift boat vets with the same zeal that they are going after the Hillary fund raising scandal.

Oh, yeah, they show much zeal...doesn't matter who the target is.

[hershey]

Bingo.

[Allosaurs_r_us]

If CBS had done this to a private individual, the legal settlement would run into the millions

How bout we claim damages for the American people? They certainly damaged the country in the eyes of the rest of the world. Class action to the tune of say the 65 million voters who back George W. at oh, 10 bucks apiece?