...Just wondering...
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(Please FReepmail if you want on, or off, this list. I certainly have no desire to increase anyone’s stress-level. Thanks!!!)
Posted on 08/04/2006 12:43:15 PM PDT by 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.
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!
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
Sounds to me like the Judge is saying the lawsuit is with the National Committee.
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).
"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 !
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(Please FReepmail if you want on, or off, this list. I certainly have no desire to increase anyone’s stress-level. Thanks!!!)
Problaby a little less than I think of him, and that's one pretty tall task...
Yep...Nominated by Lyndon B. Johnson on January 19, 1966.
Thats quite a name!
I'll rule for the plantiff, before I rule against the plantiff!
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.
LOL... |
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.
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.
LOL, guess I won't post my gif like that!!
Great work! Wish I knew how to do such things with a computer!
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