Chandler lawyer: TV ad didn't defame River View Coal operator

Henderson, KY Courier-Press ^ | September 26, 2012 | Associated Press

[Republican Wildcat]

FRANKFORT, Ky. — A lawyer for U.S. Rep. Ben Chandler's re-election campaign contends that a coal executive featured in at least three political ads has become a public figure, which negates claims he has been slandered.

Louisville attorney John McGarvey responded by letter Tuesday to a claim that the Chandler campaign had slandered River View Coal Vice President Heath Lovell, who supports Chandler's Republican opponent, Andy Barr.

Chandler and Barr are engaged in what is expected to be Kentucky's most competitive general election congressional race. Barr, a Lexington attorney, sought a rematch with Chandler after losing a squeaker to him two years ago.

Lovell had threatened to file a slander suit against Chandler over one of the ads running on Lexington TV stations. An attorney for Lovell sent a letter to Chandler Monday demanding that the ad be taken off the air.

"Not only has Mr. Lovell thrust himself into the public eye by appearing in a television commercial regarding a prominent and contentious political election, but he has also thrust himself into a particularly popular and important public controversy over the use of coal as an energy resource and the overall impact of coal in Kentucky," McGarvey said.

Lovell, dressed in a hard-hat and miner's garb, initially appeared in a TV ad promoting Barr and accusing Chandler and President Barack Obama of "devastating" the coal industry. A second ad aired by the Chandler campaign shows a well-dressed Lovell posing for photos with Republican presidential candidate Mitt Romney. In it, the Chandler campaign charges that Lovell is a wealthy coal operator, not a miner. In a third ad, Lovell lashes out at Chandler for "calling me a liar."

[Republican Wildcat]

Note that the defense is not that the ad is true, but that Lovell can't claim defamation because he is now a "public figure." This is a follow-up to the article posted yesterday: Coal Executive Threatens to sue Rep. Chandler [D-KY] for Slander

Original ad by Andy Barr Campaign

Chandler Attack Ad

Andy Barr Response Ad

[WKUHilltopper]

So what happen to the stories on Chandler’s impeding and interfering with a drug trafficking investigation involving his brother? Funny how this has “disappeared”. So what ever happened to this investigation?

[Republican Wildcat]

I think that was Conway rather than Chandler.

[WKUHilltopper]

I’m sure there’s some relations...they’re all inbred in that party.