Judge dismisses suit against Sen. Kerry

AP ^ | 8/4/6 | MARYCLAIRE DALE

[SmithL]

A federal judge dismissed a filmmaker's defamation lawsuit against Sen. John Kerry, saying remarks linked to Kerry's campaign during the heat of the 2004 presidential race amount to political opinions.

Filmmaker Carlton Sherwood sued Kerry and John Podesta, an aide who ran the Massachusetts Democrat's campaign in Pennsylvania.

Sherwood accused them of blocking the release of his documentary about Kerry's anti-Vietnam War activities by labeling Sherwood a "disgraced journalist" and a "Bush hack."

The Sinclair Broadcast Group Inc. canceled plans to air the documentary "Stolen Honor: Wounds That Never Heal" on its stations before the November 2004 election.

U.S. District Judge John P. Fullam said he found no evidence that Kerry personally made any of the statements, and furthermore, found that they were protected opinions.

"I do not believe any of these statements are actionable since they constitute expressions of opinion, and must be viewed in the context of a hard-fought political campaign," Fullam wrote in a ruling issued Thursday.

"More importantly, I am not aware of any basis for holding a political candidate personally responsible for statements made in press releases issued by his party's national committee," the judge wrote.

Kerry created a fund earlier this year to pay to defend himself against Sherwood's lawsuit.

Kerry spokesman David Wade said the ruling showed the courts would not be "hijacked" by Sherwood's agenda.

Sherwood's lawyer, Howard Scher of Philadelphia, said no decision has been made about whether to appeal.

[docbnj]

So what this brilliant court is saying here is that in the "heat of a campaign" you can say anything you want, which would otherwise be libelous. Since our campaigns run all the time, back to back, that means you can libel any opponent, any time. Of course, that is what has been going on for years, but it is rather sad that the courts will not uphold any respect for truth in political debate.

The only alternative to a libeling opponent in today's electoral environment is just to hit him harder than he can hit you.

Caveat: the decision may be later interpreted so as to protect only liberals, so watch out!

[PeskyOne]

According to Judge Fullam's ruling, the spokesmen of John Kerry and John Podesta had a right to express their derogatory opinions about Mr. Sherwood. If that's the case, why wouldn't the documentary, "Stolen Honor: Wounds That Never Heal", be considered the opinions of the men who made the documentary? Shouldn't the public have a right to hear their opinion about Kerry?

FYI, here is some information about the Judge who rendered this decision: Fullam, John P. Born 1921 in Gardenville, PA Federal Judicial Service: Judge, U. S. District Court, Eastern District of Pennsylvania Nominated by Lyndon B. Johnson on January 19, 1966, to a seat vacated by Abraham Lincoln Freedman; Confirmed by the Senate on August 10, 1966, and received commission on August 11, 1966. Served as chief judge, 1986-1990. Assumed senior status on April 1, 1990. Education: Villanova University, B.S., 1942 Harvard Law School, J.D., 1948 Professional Career: U.S. Naval Reserve, 1942-1946 Private practice, Bristol, Pennsylvania, 1948-1960 Judge, Court of Common Pleas of Bucks County, Pennsylvania, 1960-1966 Race or Ethnicity: White Gender: Male

[A CA Guy]

Sounds to me like the Judge is saying the lawsuit is with the National Committee.

[Mr. Lucky]

Goodness gracious, is that guy still alive? Has was the judge who oversaw the Penn Central bankruptcy; probably the most ineptly supervised bankruptcy in American history (or course, that's just an expression of my opinion).

[daku]

"More importantly, I am not aware of any basis for holding a political candidate personally responsible for statements made in press releases issued by his party's national committee," the judge wrote.

this in from the RNC :

Don't vote for the lesbo in 2008 !

[Seadog Bytes]

...Just wondering...

   
click for more

(Please FReepmail if you want on, or off, this list.   I certainly have no desire to increase anyone’s stress-level. Thanks!!!)

[DoughtyOne]

Problaby a little less than I think of him, and that's one pretty tall task...

[ncountylee]

Yep...Nominated by Lyndon B. Johnson on January 19, 1966.

[operation clinton cleanup]

Abraham Lincoln Freedman

Thats quite a name!

[Smartass]

Heads the defendant wins, tails plaintiff loses!

 

[kstewskis]

Heads the defendant wins, tails plaintiff loses!

I'll rule for the plantiff, before I rule against the plantiff!

[Lady Jag]

Many real veterans react like this:

[boughtwithaprice]

if this were a case against a conservative speaking out against liberals, I'm sure it would be more "politically correct" to rule against the dude.

[Smartass]

LOL...
Don't get my engine going on our rotten courts, with rotten lawyers that become rotten judges.   To me, the whole judicial system are rotten crooks, that should be thrown in dank rotten jails.

 

[Lady Jag]

When did it happen that Leftists could get away with murder and Conservatives aren't allowed to foster common sense?

Majority doesn't rule anymore.

[SMM48]

Fullam, John P. Born 1921

By my calculations, that makes this judge 85. What is it with judges and politicians? Don't they ever retire? I don't have anything against the older generation. I will be there myself someday but this guy needs to call it quits. His decision on this case smacks of senility.

[potlatch]

[potlatch]

LOL, guess I won't post my gif like that!!

[PeskyOne]

Great work! Wish I knew how to do such things with a computer!

[Seadog Bytes]

WHOA! Now THAT was certainly creative! ...I'd say you've captured our 'collective wish' quite well in THAT one. Good job!

[potlatch]

Truthfully - someone else made the 'base' gif and I just added Kerry's head to it.

Graphics programs, gotta have a variety of them to do different things. I like to paint so that's a help.

[Seadog Bytes]

Wow! THAT one almost needs a "no-animals-were-harmed-in-the-making-of-this" disclaimer, doesn't it? I hope that's not YOUR cat! ...grin

[potlatch]

Hi Seadog. I just put Kerry's head on that one. Whoever made the basic gif didn't put a name on it.

Wishful thinking huh?

[mtbopfuyn]

So if a politician can say anything he wants about me, can I say anything I wish about him? Uh huh, and watch just how quickly I'd end up behind bars.

[TET1968]

Protected opinions?
I like the sound of that.

Moderator please prepare yourself for a surge in unrestrained rage when the topic is John, disgraced the uniform, Kerry.

[Lady Jag]

Nope, it's just one pissed off cat.

No one and nothing really likes Kerry because of the rotten way he treats everybody.

[NRA2BFree]

Thanks for the ping! Love the graphic. :o) I'm not surprised to see that the Judge is a liberal.

[Seadog Bytes]

INDEED!

[SunkenCiv]

I'd quibble with that -- the brilliant court is saying the in the heat of a campaign, you can't tell the ugly truth about a candidate because partisan media shills will prevent it, and that there is no legal recourse.

[Alamo-Girl]

Thanks for the ping!

[Seadog Bytes]

RE: "...unrestrained rage..." and "(having) given aid or comfort to the enemy..."

I confess to not being a 'constitutional scholar'. ...So, is this some sort of baseball-type thing? I mean, does he have to do it AGAIN (three strikes and you're out?) before anyone can throw his treasonous b*tt out of the U.S. Senate???

...Just wondering...

[Seadog Bytes]

Yes Ma'am!

[Seadog Bytes]

RE: "Wishful thinking huh?"

Nope. I stand by my original comment. ...Good job!

[potlatch]

Thank you Seadog!

[Watery Tart]

Knowing he just lost his first election in 1972....
Kerry Unwisely Invites The
Photographers Over Anyway
(Not Knowing How Dorky He Looks)

[Seadog Bytes]

RE: "No one and nothing really likes Kerry because of the rotten way he treats everybody."

Yep.

[TET1968]

Although it's been PC'd since 1968:
Army Regulation 670-1

1-10. When the wear of the Army uniform is required or prohibited

J. Wearing Army uniforms is prohibited in the following situations:

(1) In connection with the furtherance of any political or commercial interests, or when engaged in off-duty civilian employment.

(2) When participating in public speeches, interviews, picket lines, marches, rallies, or public demonstrations, except as authorized by competent authority.

(3) When attending any meeting or event that is a function of, or is sponsored by, an extremist organization.

(4) When wearing the uniform would bring discredit upon the Army.

(5) When specifically prohibited by Army regulations.

[Lady Jag]

[68-69TonkinGulfYachtClub]

"Yes, indeed- John Kerry thinks it's 1971 all over again. Yesterday, on "Face the Nation"
John Kerry once again slams American troops- Check it out-

"And there is no reason, Bob, that young American soldiers need to be going into homes of Iraqis in the dead of night, terrorizing kids and children, you know, women, breaking sort of the customs of the-of-the historical customs, religious customs."

Here is the transcript for "Face the Nation"-

http://www.cbsnews.com/htdocs/pdf/face_120405.pdf

You will find this statement at the bottom of page 4 and the top of page 5.



"When former Attorney General Ramsey Clark isn’t defending Saddam Hussein, or giving speeches for the crypto-Stalinist International ANSWER, he’s acting as counsel for the Palestine Liberation Organization, trying to prevent families of murdered Jews from collecting on judgments against the PLO."
Little Green Footballs ^ | November 28, 2005 | Charles Johnson

From Kerry's "The New Soldier":

Al Hubbard Sgt., 22 Troop Carrier Squadron Aug. ’65-June ’66
Emotions: Walking down the flight line at Saigon past stacks of aluminum cases containing American bodies and past stacks of aluminum luggage containing American currency. Seeing the tight, sad face of an Airman loading the bodies aboard a dirty Air Force Transport and the wide smiling face of a stewardess greeting the passengers aboard a clean Pan American Clipper Jet. Hearing a Vietnamese beg you to leave his country and an American colonel tells you to bomb his country. Hearing a Vietnamese invite you to live in his home, after the war and an American explain why you can’t live in his block, after the war. Flying over barren, brown, safe American held terrain and over lush, green unsafe enemy terrain. Feeling happy to be leaving a country in which you do not belong and sad to be returning to a country in which you are not allowed to belong. Sacrificing a portion of your consciousness so you won’t have to deal with being there and building mental blocks so you won’t have to deal with having been there.

- Al Hubbard, proven fraud who never set foot in Viet Nam. The only Vietnamese he ever met was when he was collaborating with the North Vietnamese in Paris on the American Communist Party's nickel.

John Kerry's explanation: "He (Hubbard) simply exaggarated his particular position.
But nobody knew it at the time.
And those things happen."

Free online version of
hanoi kerry's playbook "The New Soldier"
You can read it online right now.

[eleni121]

You can say any darn libelous and lying and defamatory thing you want...unless you happen to be a conservative republican who tells the truth.

That is labeled hate speech.

[television is just wrong]

lyndon b. johnson, one of the three worst presidents in modern history. only to be seconded by jimmy carter, and william j. clinton.

[E.G.C.]

BTTT

[bannie]

Another form of elitism.

[Just A Nobody]

Nominated by Lyndon B. Johnson on January 19, 1966.

The date is most important, IMO. j F sKerry has been the "chosen" one for many years. Understandably, the demonRATS have all gone nuts since his defeat in 2004.

[Just A Nobody]

When did it happen that Leftists could get away with murder and Conservatives aren't allowed to foster common sense?

WHEN did it happen? You mean it was different in another time and place?

[Gucho]

[kcvl]

Freebery judge no stranger to controversy
If Fullam dismisses case, he would ignore jury vote


In 1980, Fullam made national headlines when he tossed out two convictions in the Abscam corruption case after a trial. Abscam was an FBI-run sting operation where agents posed as Arab businessmen and offered bribes to politicians.



http://tinyurl.com/qn4x8

[maica]

Born 1921

A little long in the tooth, classmate of Justice Stephens, perhaps?

Not only did Sinclair Broadcasting pull the movie, but a theatre near Philadelphia, who was planning a showing, pulled its support, based on threats of legal action by Kerry's crowd.

I wonder if the Judge was informed of those facts?

[AmishDude]

Yes, Fullam was involved in ABSCAM...interesting. According to a search that turned up some old NYT articles, he threatened to put a reporter in jail for 6 months for refusing to testify and let the officials off because they were just too tempted by the Feds donchaknow.

Under a court agreement, contempt charges against a reporter for The Philadelphia Inquirer were dropped today after she testified that she had talked to a United States Attorney the night details of the Abscam investigation began to filter to the press. The reporter, Jan Schaffer, was held in contempt by Federal District Judge John P. Fullam after she refused to testify about the conversation in a pretrial hearing last July. The hearing was to consider a motion to dismiss charges against George X. Schwartz, a former Philadelphia official who had been indicted in the Federal undercover investigation into corruption. Judge Fullam then sentenced Miss Schaffer to six months in prison, and the Supreme Court upheld the sentence Jan. 19. (2/5/81)

The Justice Department asked a Federal appeals court today to reinstate the convictions of two former City Council leaders, asserting that the two had accepted bribes in the Abscam case ''without hesitation.'' Judge John P. Fullam of the Federal District Court reversed the convictions of George X. Schwartz and Harry Jannotti on Nov. 26, saying that the defendants had been entrapped. (2/7/81)

Although I should say, I think that the judge made the right decision here, based on what I've read. The campaign desparaging a filmmaker is perfectly legal. Even threatening legal action is legal. Libel and slander have a very high bar in the US.