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.

[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.