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.
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.
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.
lyndon b. johnson, one of the three worst presidents in modern history. only to be seconded by jimmy carter, and william j. clinton.
BTTT
Another form of elitism.
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.
WHEN did it happen? You mean it was different in another time and place?
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
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?
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.
Thanks for the ping!
nice work. makes me happy.
Thank you. I'm glad to help.
Others have done the work for me. I just save 'em and use 'em. (I never thought I'd have to keep this folder so long, though.)
;o)
A Lot of Alliteration for free!
Belatedly pinging you to my #57.
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