The Howard Dean-Kathleen Sebelius-Kansas tornado story has taken an interesting turn.
Scott Johnson at Power Line reported Saturday that attorneys representing the Democratic National Committee have sent a cease and desist letter to Free Republic due to a post at its website concerning allegations made on the “Quinn & Rose” XM Satellite radio show Thursday (h/t Glenn Reynolds).
Howard Dean appears to be doing another “I Have a Scream” speech, only this time through his attorneys.
Isn’t that special?
The letter stated:
A post by “coffee260” on “Freerepublic.com” today states that this morning, on the “Quinn & Rose” show on XM, co-host Jim Quinn stated that DNC Chairman Governor Howard Dean had called Gov. Kathleen Sebelius (D-Kan.) “around 5:00 a.m. one morning after a tornado had destroyed the town of Greensburg, Kansas and discussed with her what to say about the tornado and how to blame the war in Iraq and the Bush administration on a slow response to the aftermath.”
The statement made by Mr. Quinn, repeated on FreeRepublic.com, is demonstrably, unequivocally and absolutely false. Governor Dean had no such conversation with Governor Sebelius, ever.
Power Line’s Johnson was duly unimpressed (emphasis added throughout):
The attorney who sent the letter on behalf of the DNC is attorney Joseph Sandler, representing the Democratic National Committee. In my view, Sandler is a thug representing a bunch of reprobates and bullies. Here's why.
Under the First Amendment, as construed by the Supreme Court in New York Times v. Sullivan, citizens are protected from defamation claim by public figures so long as the statements in issue are lacking in "actual malice," i.e, knowledge of their falsehood or reckless disregard as to whether they are false or not.
After concluding that Sandler’s letter “incorporates no element of ‘actual malice,’" and that “it does not even allege that Jim Quinn had knowledge of the statements' falsity or made them with reckless disregard of their truth or falsity,” Johnson upped the ante:
We therefore associate ourselves with our reader's statements regarding Governor Dean and invite Mr. Sandler to sue us for defamation as he threatens to sue Free Republic. This is to put him and his client on notice, however, that we intend to seek our attorney's fees under federal law for the assertion of a frivolous claim if he does so.
How delicious.
As an interesting sidebar, the folks at Free Republic don't seem too concerned with Sandler's letter, for the post in question is still available. It is also interesting that another Freep post was made on this subject before the one in question. Yet, the DNC didn't ask for its removal.
—Noel Sheppard is the Associate Editor of NewsBusters.
















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Comments Policy
hardball
May 13, 2007 - 04:17 ET by m1xramThat's a nice game of hardball they're playing. And they finished them up in only one inning, very impressive.
m1xram
That's typical of Dean and
May 13, 2007 - 06:05 ET by motherbeltThat's typical of Dean and the Democrats. Don't argue with those who disagree.....shut them up by any means necessary.
Fortunately no one has ever
May 13, 2007 - 07:24 ET by sublight68Fortunately no one has ever made malicious defamatory statements about President Bush or members of his administration.
Howard Dean (not to mention other "leaders" on the Left) continuously rant and rail against the president in particular and conservatives in general. They play fast and loose with the facts, making them up whenever needed to suit their agenda.
But let anyone speak ill of them...well then, release the hounds, sue, attack, destroy.
Nice to finally see someone not shrivel up and acquiesce to their demands. If only more on the Right had something vaguely resembling a backbone.
It reminds me of the old Lost
May 14, 2007 - 09:57 ET by pbanks7It reminds me of the old Lost in Space episode where someone reprogrammed the 'robutt': "Crush, kill, destroy, crush, kill destroy." The D's are ready to sue at the drop of a hat to kill dissent.
Ignorance is bliss. It's easier to repeat a mindless slogan than to do some actual research.
I wish this was done more f
May 13, 2007 - 07:39 ET by WhichWingI wish this was done more from both sides. (The letter being sent I mean.) I would want to stop any false information before it got out of hand, wouldn't you? There are too many blogs putting out false information. And the way things work now, another blog picks it up, then another, then it ends up on TV. If the story is true, then post it for all to see, no matter what the subject, or who its about. But if its false, then nip it in the bud.
WW, don't assume that beca
May 13, 2007 - 08:12 ET by motherbeltWW, don't assume that because the DNC says the information is false, that it is false. And you have to admit, that Mr. Dean would do such a thing (call Gov. Sibelius to discuss a strategy to blame the President) is not unbelievable. We will have to wait and see how this shakes out, who has more information, etc.
After all the slanders Dean has thrown around about the President and Republicans, I find it very interesting that he has gotten his Jockeys in a wad so quickly over this.
OK, but if it is false, was
May 13, 2007 - 08:41 ET by WhichWingOK, but if it is false, was that letter out of line? If someone is saying something false about you or your organization, we can agree that you would want to put a stop to it? If what they say is true, then I believe they have the right to say it as often as they like.
This matter is easily settle
May 13, 2007 - 09:09 ET by dahliatraversThis matter is easily settled. Affidavits by Dean and Sebelius as to whether they held a conversation and, if so, what they discussed. Signed under pains and penalties of perjury and inclusive of a statement that they did not consult each other prior to giving the affidavit.
A tape recording of the conversation in lieu of affidavits is perfectly acceptable.
Governor Dean had no such con
May 13, 2007 - 09:01 ET by dahliatraversGovernor Dean had no such conversation with Governor Sebelius, ever.
No, Motherbelt, I don't assume that the information is false. From the above statement, it sounds like the two governors might well have had a conversation, though they may not have discussed all of the topics referenced. But if the offending post got just one conversation item wrong - for example, Dean may have brought up Katrina but not Iraq - the above statement by the DNC would still be accurate.
When a statement is made about you or someone on your team, you need to carefully evaluate whether it's worthwhile going on the offensive about it. Yes, candidates and elected officials have ocassionally gotten in trouble by not immediately responding to stuff thrown at them. But the other danger is you give a lot more publicity to a negative statement than if it had died a natural death from lack of attention.
dahlia, I have no idea whet
May 13, 2007 - 09:17 ET by motherbeltdahlia, I have no idea whether it's true. I just meant it's not an outrageous thing to think, considering the Dems' and Dean's history. And I marvel at how quickly and virulently the DNC has responded to the item (Methinks he doth protest too much????)
Dean and the DNC could have simply put out a statement saying that it was not true...I think the legal thing was overkill, and will just prolong the attention on the subject. But the Dems always go for the throat....as Hillary said, you have to "deck" your opponents......
Exactly, all the DNC needed t
May 13, 2007 - 15:32 ET by newkidontheblockExactly, all the DNC needed to do was issue a statement that explained their position. These C&D orders are just a way to suppress free speech. Political gossip should not be criminalized.
An observation
May 13, 2007 - 08:08 ET by goldenthroatJust looking at this madman speaks volumes as to why the Democratic Party can't get their act together! It's another prime example of left-coast, bleeding-heart, 'do-as-as-say-not-as-as-do' liberal psychobabel!
Never dance on an empty stomach unless it's a liberal.
No wonder Dean is so upset.
May 13, 2007 - 08:21 ET by CaringwhiteguyNo wonder Dean is so upset. The call probably wasn't made until shortly before 6am. Can't these bloggers get their facts right?
Once again, the most intolera
May 13, 2007 - 08:36 ET by ArchConservativeOnce again, the most intolerant, vitriolic, and anti-Constitutional people in the room are (d)emocrats/liberals. They are afraid to deal with real questions due to the fact that they have been coddled by the MSM for so long, afraid of the truth when confronted with it, and afraid to debate on FoxNews. How do you think they will deal with terrorism...uhhhh ohhh that's right. Terrorism isn't a threat: "so-called" global-warming is a MUCH greater threat to America than Islamofacist nutjobs who are wanting us and our children dead. Thanks Dean, you screaming, incompetent horse's ass!
"Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists."
- President George W Bush September 2001 speech to a joint session of Congress.
DNC waaaaaaaaaaaaaaaah
May 13, 2007 - 08:59 ET by blackrain4xmasThey don't like being called to account for their political distortions? TFB. They've been doing it for years now at the expense of a nation at war and its ability to wage that war towards a successful end. They've emboldened the enemy and the enemy freely admits it. The DNC talking points and rhetoric is exactly the same as the enemy's, and now they wanna cry and expect tears of sympathy from those who see through their lies? boo-friggin-hoo
I say step up, take it to court. Make a Federal case out of it and scream loud enough for the msm to actually face it. Their pandering liars are just two bit baby kissers seeking power at any expense. PLEASE bring this to the Supreme Court!!!! I'd laugh silly.
This is how the left plans
May 13, 2007 - 09:00 ET by DontFeedTheTrollsThis is how the left plans to silence all opposition. They will use threats of legal action to intimidate any voice or opinion they don't like. Add this to the lies they spew, the thugs they hire, the facts they distort. Just one more tool to gain world domination.
All hail the state!!
D
A day without NewsBusters is like a day without sunshine.
Brownback
May 13, 2007 - 09:02 ET by NortoBeliever
From what I heard on that show, and read on their warroom.co site, Sen. Brownback MAY be complicit in the cover-up as well. They very astutely dragged him in(maybe) in order to cover their backsides, or did they drag him in and just say they did.
This needs full disclosure and let all the cards fall where they may. Personally. I think the senator should g]have been above this and would have blown the whistle immediately and the dims would know that. Lots here to divulge, but the Katrina-fying damage was done by MSM right in the beginning and of course, the allegations are what they make stick and not the facts.
Only in Freeperville would
May 13, 2007 - 10:04 ET by ding7777Only in Freeperville would Governor Sebelius need Dean to encourage her to state what she has been saying since 2005.
Dec. 30, 2005: Sebelius writes to Rumsfeld requesting new equipment.
Then why did she backtrack, ding?
May 13, 2007 - 14:57 ET by RJThen why did she feel the need to backtrack from her original accusatory statements, ding? Whether it came from Dean or not, the original intent WAS to use the tornado as an opportunity for attack.
--------------
May 8, 2007
"Snow recounted a phone conversation on Tuesday between Sebelius and Bush's White House-based homeland security adviser, Fran Townsend, in which the governor said she was pleased with the federal performance on the tornado and had everything she needed.
"Her spokeswoman, Nicole Corcoran, said the governor didn't mean to imply that the state was ill-equipped to deal with this storm. Sebelius' comments about National Guard equipment were, instead, meant as a warning about the state's inability to handle additional disasters, such as another tornado or severe flooding, she said.
"We are doing absolutely fine right now," Corcoran said. "What the governor is talking about is down the road."
---------------
It's quite obvious that the governor (and probably the Democrat Party) cynically attempted to again use the suffering of people to attack the President as they did with Katrina, but they were caught and had to backtrack.
RJ,I think your read of the s
May 13, 2007 - 15:09 ET by BlondeRJ,
I think your read of the situation is spot-on.
Even though Dean isn't an attorney, he's slimey enough to parse the meaning of the word "is", a la Bill Clinton, and I'm sure he had a hand in the Governor's swipe at Bush with her National Guard whine.
Smacks too much of the truth to be entirely fictional.
This story may be a setup.
May 13, 2007 - 10:13 ET by DontFeedTheTrollsThis story may be a setup.
Wouldn't put it past the party of dirty tricks.
D
A day without NewsBusters is like a day without sunshine.
Don'tFeedTheTrolls - All
May 13, 2007 - 10:38 ET by ding7777Don'tFeedTheTrolls - All Quinn has to do is identify his source who gave him those imaginary quotes from Governor Sebelius.
We are no longer going to p
May 14, 2007 - 00:03 ET by liberal_bug_zapperWe are no longer going to play by the rules you put out for us,.... i.e. we reveal all our tactics, sources and give the advantage to your side which never reveals anything on purpose, and will lie, cheat and steal as long as it means you win in the end.
No, we're going to keep a few secrets and our spies safe so we can begin to unravel your sides grotesque hold on our nation via lies, deceit and sophistry.
The hope is that the more we expose the filth that is the Liberal subculture in this country, the faster we'll defeat your sorry asses and hand them back to you on a platter.
____________________________________________________
"Democracy is the most vile form of government ... democracies have ever been spectacles of turbulence and contention, have ever been found incompatible with personal security or the rights of property, and have in general been as short in their lives as they have been violent in their deaths." ~ James Madison
Sometimes it's what is not said...
May 13, 2007 - 10:43 ET by c5thenThe letter said that Dean never had such a conversation. It never says anything about aides or assistants. Also, isn't it a bit odd that they would send a "cese and desist" letter to a web site regarding a post about a radio show, yet not send the letter to the radio show itself?
I'm glad that the response was to issue a "double dog dare" against the DNC. Have them spend their funds on the court case and their lawyers as their is no merrit to any case they could bring at all. Hopefully, the defense will not petition for a summary judgement and allow the case to drag on and increase the fees that the DNC will be responsible for paying.
The day that "politician" became a career choice is the day we started losing the Republic.
Dean
May 13, 2007 - 11:02 ET by iveseenitallThis is terrible! How can these things be alleged against such a wonderful man. Dr. Dean is the most honest politician I've ever encountered. Why, why he's at least as honest as Hillary Clinton or B. Hussein Obama, the "I hate /love Wal-Mart" gruesome twosome. Don't 'ya think?
NEVER,NEVER trust a liberal
It's really sad that Powerlin
May 13, 2007 - 11:03 ET by FactFiendIt's really sad that Powerline, Newsbusters, and their readers seem to be proud of the fact that FreeRepublic is standing behind an allegation that has been proven false, and will not retract, remove, or correct it.
If a liberal blog had made a similar allegation and reacted in the same way, Powerline, Newsbusters, FreeRepublic, and their readers would be screaming bloody murder.
FactFiend - Brownback denied
May 13, 2007 - 11:12 ET by ding7777FactFiend - Brownback denied the conversation on Friday - and the Freeper villagers are still beating the drum.
Wait just a second, oh broa
May 13, 2007 - 11:12 ET by sarcasmoWait just a second, oh broad-brush... I've been on neither side, as usual, but that's because AFAIK neither side has "proven" anything. Where's that "proof" you claim exists??? Some of us might have reason to doubt BOTH Howard Dean and the word of an obscure XM host.
And speaking of XM, aren't you glad congress is wasting so much time and money on hearings as to whether they and Sirius should merge? Good thing we have politicians to get-involved in business deals and "protect" us from those evil capitalists like Mel Karmizan, eh?
Meanwhile, the same congresscritters DON'T bother to look into the growing student-loan scandal. Sigh....
JMR
FactFiend
May 13, 2007 - 11:17 ET by Noel SheppardFF,
Your SN is rather ironic, for you are actually quite antipathetic towards facts. After all, liberal blogs make false allegations about people virtually every second of every day. Let me clue you in: so does the media.
As such, if we cried bloody murder every time a false allegation was made by bloggers and press representatives, we would have been hoarse and out of tears years ago.
In the end, Free Republic hasn't done anything wrong. All they did was report what was stated on the radio. Correct? And, as Scott Johnson, an attorney, has adroitly pointed out, there is nothing in the DNC's cease and desist letter that is legally actionable. As a result, why shouldn't Power Line and NB stand behind FR?
As for the allegations, as soon as the DNC, Sebelius, and Brownback issued formal denials, we updated our post on this immediately. In fact, in my initial post on this subject, I made it clear that the veracity of QandR's claims was in question.
With that in mind, we're not standing behind the allegations at all. Instead, as a person that has read many legal documents, and understands the law quite well, I don't believe this correspondence from the DNC has any merit, and, frankly, coming from a shameless pol like Howard Dean who lies about Republicans every time he opens his mouth, view it as nothing more than a deliciously ironic farce.
It actually made for a wonderfully humorous discussion at dinner last night. :-) ns
Noel - and as proven by my
May 13, 2007 - 11:22 ET by Dee BunkNoel - and as proven by my post below that was made at the same time as yours above - most of us get the fact that NB is not standing behind it. It's quite clear to a reasonable person that this is about legality and free speech
Dee Bunk
May 13, 2007 - 11:29 ET by Noel SheppardDee,
Yep. ns
Noel,Perhaps Mr. Dean should
May 13, 2007 - 11:46 ET by Al CzervikNoel,
Perhaps Mr. Dean should go back and read the transcript of his radio inteview on WAMU:
Dean: There is a report which the president is suppressing evidence for which is a thorough investigation of 9/11.
Diane Rehm, WAMU (public) radio: Why do you think he's suppressing that report?
Dean: I don't know. There are many theories about it. The most interesting theory that I've heard so far, which is nothing more than a theory, I can't—think it can't be proved, is that he was warned ahead of time by the Saudis. Now, who knows what the real situation is, but the trouble is that by suppressing that kind of information, you lead to those kinds of theories, whether they have any truth to them or not, and then eventually they get repeated as fact. So I think the president is taking a great risk by suppressing the clear, the key information that needs to go to the Kean commission.
I don't remember a "cease and decist" order against Mr. Dean
Al
May 13, 2007 - 11:51 ET by Noel SheppardAl,
That's what makes this so laughable. Howard Dean is one of the most prevaricating, disingenuous politicians on the landscape. Nobody lies more about folks on the opposite side of the aisle than he.
As such, for this shameless pol to point accusatory fingers at people for making false allegations is akin to Bill Clinton admonishing adulterers. ns
A comment
May 13, 2007 - 14:43 ET by goldenthroatSay what?
Wow. A response.You wrote tha
May 13, 2007 - 12:41 ET by FactFiendWow. A response.
You wrote that I am "actually quite antipathetic towards facts" because "liberal blogs make false allegations about people virtually every second of every day." That's quite a bold statement, and I assume it's responsive to something, just not anything I wrote. I didn't claim that liberal blogs don't engage in this kind of behavior. I wrote that if a liberal blog made a "similar allegation" -- say, as a hypothetical example, about a false connection between Mel Martinez and Sonny Perdue -- and refused to retract it, the righty blogosphere would go nuts.
And you wrote that FR didn't do anything wrong because they simply reported what was stated on the radio. Does that absolve them from a responsibility to correct or retract their report? When Fox News reported Insight Magazine's claims about Obama attending a Madrassa, they issued a correction, even thought they were simply reporting what others had stated. You made sure to point out that Newsbusters updated their original post -- shouldn't you hold FR to the same standard?
You also wrote: "With that in mind, we're not standing behind the allegations at all." I didn't say you were. I said you seemed proud that FR is, and at the fact that Powerline is rallying to FR's defense.
Thanks for responding.
FF
May 13, 2007 - 13:32 ET by Noel SheppardFF,
I'm not sure why you are so shocked by my response. If you're at all familiar with this website, contrary to most in this genre, the writers here are typically quite involved in the discussions at the message boards.
That said, here's where I believe you were misrepresenting facts: "It's really sad that Powerline, Newsbusters, and their readers seem to be proud of the fact that FreeRepublic is standing behind an allegation that has been proven false, and will not retract, remove, or correct it."
Where do you see NewsBusters being proud of FR standing behind the allegations in question? I don't see that in this article at all. What I read is a report about the cease and desist letter, and that the folks at Power Line have debunked its merits while challenging the DNC to sue them for it. Where do you see pride in this?
Furthermore, I have no idea what pronouncements the management of FR has made at its website concerning this matter, or what they are legally bound to do. After all, they didn't make these statements. Quinn and Rose did. All they did was report what was said on a radio program. As Johnson pointed out, this doesn't appear to rise to the level of libel, and appears totally unactionable.
As such, I have no pony in this race other than being amused by its absurdity. For Howard Dean to point fingers at anyone's disingenuity is not only the height of gall, but one of the most preposterous things I've ever heard in my life.
With that in mind, care to discuss the delicious hypocrisy inherent in a pathological liar like Dean having his attorneys send such a letter to a website like FR? ns
Good to know you guys like to
May 13, 2007 - 13:59 ET by FactFiendGood to know you guys like to get down into the comment dirt.
The pride I see is in using words like "delicious" to describe Powerline's defense of FR.
I'm no lawyer, and I don't presume to know what, if any, legal footing Dean has here. Furthermore, I don't care. What I do care about is the reason we've arrived at this point -- FR has not corrected or retracted its false statement. It's not a question of legality. It's a matter of ethics and credibility. Had FR simply posted an update to the item, as Newsbusters did, we likely wouldn't be at this point.
Attacking the "pathological liar" Dean for hypocrisy, as you see it, is all well and good, but it obscures the fact FR is ultimately at fault here. Dean wants the record set straight. He may be going about it in a foolish way, but he's in the right here.
Once again, can you give us s
May 13, 2007 - 15:16 ET by Del DolemonteOnce again, can you give us some credible evidence that the statement on FR is "false"?
Also, do you have credible proof that Dean did not call the Kansas Governor?
Note the key word in both questions. Credible.
FF
May 13, 2007 - 15:32 ET by Noel SheppardFF,
So, if we were out to dinner, and I commented that the steak was delicious, would that mean I was proud of it, the chef, or the cow?
You are jumping to a wild conclusion. Delicious isn't an adjective expressing pride. Instead, I found it delicious that Johnson was so convinced the DNC had no leg to stand on that he was willing to put his blog on the line with FR.
Much like a perfectly cooked steak, I find that delicious.
As for FR being ultimately at fault, I quite disagree. If it turns out that their statements were 100 percent false, Quinn and Rose are at fault, not FR. ns
factfiend where are your fa
May 13, 2007 - 11:19 ET by Dee Bunkfactfiend where are your facts? I can't find any in your post. Even if we assume that it was proven false, that doesn't change anything about the legality and that is what the post is about.
If you want to talk about sad, talk about the MSM spreading falsehoods and standing behind things that are proven false all the time. That is a much bigger deal than an opinion show. Opinion shows don't require the same set of standards.
So don't give us some line about sad factfiend. What is sad is that you only care about facts that fit your view.
Dee, my facts are right there
May 13, 2007 - 13:07 ET by FactFiendDee, my facts are right there in the original post. Take a closer look.
Fact: FR's allegation was proven false.
Fact: FR has not corrected or retracted their original post.
Fact: Powerline is standing by FR, even though what they wrote isn't true.
From those facts, I expressed my opinion that it's sad to see that this blog seems proud of Powerline's defense of FR, rather than urging FR to correct the record.
I'm not sure what "opinion show" your talking about, or how that fits in to what I wrote or the situation in general, so I'll let you explain that.
Thanks.
"FR's allegation has been proven false"
May 13, 2007 - 14:35 ET by RJ"FR's allegation has been proven false"
Am I missing something? I've seen no "proven" falsehood...by Dean or anyone else. Dean has made a counter-claim, but has produced no evidence to back his statement. Since that is the case, your primary claim of "fact" is incorrect and the other so-called "fact" statements are irrelevant.
"Factfiend" is empl
May 13, 2007 - 15:14 ET by Del Dolemonte"Factfiend" is employing the standard Clintonesque tactic: state something as "fact" and "the truth" and keep repeating it as such. Goebbels would be proud of him.
The proof that there has been no "proven falsehood" is that when challenged to present such evidence, "Factfiend" has in fact chosen to remain silent. If he had actual proof, he'd be happy to share it with us.
Keep after the story and demand that Sebelius and Dean provide their phone records, calendars, and any other evidence they may have that disproves the assertion. Demand that they swear under oath that they never spoke after the tornado (regardless of the specifics). They won’t do so.
factfiend- sorry I wasn't a
May 14, 2007 - 10:04 ET by Dee Bunkfactfiend- sorry I wasn't around yesterday to respond, but you obviously do need someone to explain things. You must be new to the blogosphere and only used to hearing liberal propaganda on news programs and therefore equate that to what is said on opinion shows and blogs.
First as RJ and Del already said you still have not stated any facts
1.) it was not proven false
2.) FR did not make the statement to retract, a poster did. Just like you and me here. NB does not stand behind what I am saying and they certainly don't stand behind what you said just because you posted it here. In this comment section, just like FR, everyday people post their opinions, many anonymously, and anyone reading them decides whether to believe what the person says (based on what they know about them) or to look into it further on their own.
3.) Same as 2 - Powerline didn't make the statement.
As to the opinion show - if you read Noel's blog you should know that the person who posted the comment was talking about something they heard on a radio talk show and they stated that. So from start to finish all of these claims were made on opinion shows and blogs. So even IF they turn out to not be true it doesn't matter. As I said before, If you are concerned with facts as you claim then you should be more worried about all of the unsubstantiated things said on News programs.
How can you distinguish what "facts" are when you don't even know the difference between a journalist, an opinion commentator and a citizen making a statement? I can and unfortunately many of the so called journalists report things with as little proof as the citizen poster. At least the poster named his source.
allegation that has been pr
May 13, 2007 - 11:41 ET by SMGalbraithallegation that has been proven false, and will not retract, remove, or correct it
So you would support the Bush Administration (or Republican Party) sending a cease-and-desist order to, let us choose one of a thousand-and-one examples, ABC to prevent Rosie O'Donnell from expressing clearly false allegations about the White House's involvement and knowledge of 9/11?
Or sending threats to take legal action for all of the lefty websites that accuse the Bush Administration of murder and corruption and illegality?
You really wish to go down this path?
More important, unless the individuals are shown to have practiced malice or a willful disregard for the truth, since the people being discussed are public figures this is protected speech. The DNC has absolutely no legal ground for taking any legal action against anyone involved.
It's simply harassment.
The left said that if Bush was elected that there would be attempts to chill free speech.
I guess they were right.
Powerline has in fact challen
May 13, 2007 - 12:19 ET by Del DolemonteFirst of all, can you give us credible evidence that the story has been proven "false" and a "lie"? I've not seen such evidence. Please enlighten us.
Powerline has in fact challenged Dean to sue them as well. Since that blog is run by some Dartmouth-educated lawyers, they'll clean Dean's clock.
http://powerlineblog.com/archives/017617.php
Scott says:
"The attorney who sent the letter on behalf of the DNC is attorney Joseph Sandler, representing the Democratic National Committee. In my view, Sandler is a thug representing a bunch of reprobates and bullies. Here's why.
Under the First Amendment, as construed by the Supreme Court in New York Times v. Sullivan, citizens are protected from defamation claim by public figures so long as the statements in issue are lacking in "actual malice," i.e, knowledge of their falsehood or reckless disregard as to whether they are false or not.
Accordingly, our reader's Free Republic post based on the statements of Jim Quinn is constitutionally immune from a defamation claim. Whether Quinn and those who broadcast his program have such immunity is a different question, but the same constitutional protection applies to them. Professor and First Amendment expert Eugene Volokh coincidentally makes a closely related point based on the Sullivan case today.
"Actual malice" is a tough standard for public figures to overcome. That's why defamation claims by public figures have essentially disappeared since the Sullivan case. Under the Sullivan case, the First Amendment affords wide latitude for the discussion of public figures as well as issues of public concern.
Sandler's letter to Free Republic incorporates no element of "actual malice." It is couched in the traditional common law of defamation that the Supreme Court killed for public figures in the Sullivan case. Sandler's letter carries Governor Dean's denial of Quinn's assertions, but it does not even allege that Jim Quinn had knowledge of the statements' falsity or made them with reckless disregard of their truth or falsity.
We therefore associate ourselves with our reader's statements regarding Governor Dean and invite Mr. Sandler to sue us for defamation as he threatens to sue Free Republic. This is to put him and his client on notice, however, that we intend to seek our attorney's fees under federal law for the assertion of a frivolous claim if he does so. "
Actual malice" is a toug
May 13, 2007 - 12:27 ET by SMGalbraithActual malice" is a tough standard for public figures to overcome. That's why defamation claims by public figures have essentially disappeared since the Sullivan case. Under the Sullivan case, the First Amendment affords wide latitude for the discussion of public figures as well as issues of public concern.
The DNC lawyers who sent the letter out know all this. The standards set by Justice Brennan to prove defamation against public figures (and all of the individuals involved here are public figures) in Sullivan are extremely high. It was simply a bullying attempt to silence people.
And for Howard Dean - Howard friggin' Dean - to complain about being the recipient of ugly allegations really is something. Wow. This guy is a one man Walmart of mud slinging.
Well it makes perfect sense n
May 13, 2007 - 11:07 ET by general companyWell it makes perfect sense now. Remembering how our (my) Governor Blanco and Mayor Nagin of the same party ridiculed the Feds and Bush. Even when considering their failing were and continue to be far worst. Would not be a bit surprised to find out that they got their (ideas) from Dean and the DNC.
I sure don't recall hearing the same type of noise from the hard hit States of Texas or Mississippi. Maybe because Governor Haley Barbour and Governor Rick Perry don't subscribe to the DNC news letter could it?
What fun they must of had
DNC Strategy
May 13, 2007 - 11:44 ET by pbthinkerWhether or not this is true, there is little doubt this is part of the strategy of the DNC. This story appeard in the PB Post today (Page 20a which could mean the Post staff wasn't informed to move it closer to the front). Since we know how they coordinate their attacks they appear to be trying to create some fog here, as to the truth about Governor Sebelius's initial comments:
http://www.palmbeachpost.com/news/content/shared-gen/ap/US_Congress/Democrats_National_Guard.html
As you'll note, this is an AP article.
Never argue with an idiot. They'll drag you down to their level and beat you with experience.
This is simply hilarious. I l
May 13, 2007 - 12:16 ET by QueenMumThis is simply hilarious. I listen to "Quinn and Rose" on a fairly regular basis. Much of what Quinn does is satire. Looks like the DNC is just getting warmed up to shut down the First Amendment. And people like Dean are all worried about the Patriot Act? Sounds to me like the DNC is fully engaged in its own campaign to take away rights.
Stand strong, Newsbusters. America needs us now, more than ever.
Just a matter of time before
May 13, 2007 - 18:06 ET by bigtimerJust a matter of time before the dems' try to get control of all of our free speech here on the internet...one way or the other.
I hope they fight this all of the way...and make the loser pay.
Big-time.