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May 21, 2013
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Facing Defamation Lawsuit, NYT Finally Corrects Story That Smeared FBI Informant

By Lachlan Markay | March 17, 2011 | 09:55

A  A

It took the threat of a defamation lawsuit, but the New York Times finally corrected a story from late February that accused FBI informant Brandon Darby of "encouraging" a plot to bomb the 2008 Republican National Convention, when in fact Darby was integral to law enforcement efforts to disrupt that plot.

The Times was aware of the error as far back as March 3, according to emails included in the brief filed by Darby's attorney. Yet the error remained uncorrected on the Times website until Wednesday.

As I wrote earlier this week, the fact that the Times was aware of the error and yet continued to publish it online may have made it liable. Darby's attorney certainly thought it did, and at least one legal expert concurred.

Here is the full text of the Times's correction, posted below the original story:

An article on Feb. 23 about developments in the investigation of a 2008 arson fire at the Texas governor’s mansion misstated the role played by an F.B.I. informer, Brandon Darby, in an earlier case in Minnesota. In that case, two men were accused of making and possessing gasoline bombs at the Republican National Convention in St. Paul in 2008. Both men eventually pleaded guilty. Initially, however, one of them implicated Mr. Darby, saying Mr. Darby had persuaded him to make the bombs. He later conceded that Mr. Darby had not entrapped him.

File this away in your useful information drawer: The best way to get a correction in the New York Times is to threaten to sue them for libel. We congratulate Mr. Darby.

About the Author

Lachlan Markay is an associate with Dialog New Media. Click here to follow Lachlan Markay on Twitter.
  • 2008 Presidential
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Comments

He should press forward with the suit

Submitted by Callawyn on Thu, 03/17/2011 - 10:22am.

I hope he doesn't drop his lawsuit. The Times shouldn't be able to get off the hook so easily.
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Lachlan, How far back in the

Submitted by Scuba Dude on Thu, 03/17/2011 - 11:06am.

Lachlan, How far back in the paper was this correction printed? How hard was it to find on the website?

As Callawyn stated above, I too would like to see the lawsuit go forwards. Give the NY Slime a little fiscal pain for what they did to Mr. Darby.

"The trouble with our liberal friends is not that they are ignorant; it's just that they know so much that isn't so." President Ronald Reagan
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So now we know it takes a

Submitted by Beukeboom on Thu, 03/17/2011 - 11:06am.

So now we know it takes a lawsuit for the NYT to print the truth accurately. Wow, Sean Hannity's Axiom of "media is dead" is validated once again.
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hope

Submitted by cyborg0012 on Thu, 03/17/2011 - 11:20am.

I also hope he goes all the way and sues them for every, stinking nickel.
http://doublezero12.livejournal.com/
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Keller has slimed the Fox

Submitted by ricklail on Thu, 03/17/2011 - 11:56am.

Keller has slimed the Fox personalities that have written books. Huckabee, Frank Luntz and Morris' books have been placed on the Advice list.  

This Keller guy is getting awful petty.

A well regulated militia being necessary to a free state, the right of the people to keep and bear arms shall not be infringed.
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The crime has already been committed. Proceed with the suit.

Submitted by SickofLibs on Thu, 03/17/2011 - 1:13pm.

And a "correction" is not an apology, either.
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Thanks for the update

Submitted by GhostNtheMachine on Thu, 03/17/2011 - 2:41pm.

Mr. Markay I've been following your take on this but I have an off-topic question. I'm very anal retentive about pronouncing names correctly {even if silently while reading}. I'm assuming yours is Scot for "land-o-lakes", but is it 'lack' or 'loch' and 'lan' or 'lon'? Obsessive I know, but at times it drives me batty.
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