Re: Libel and public figures
> > > > > Again, if a lawsuit was filed in court, what is it
> > > about?
> > > > >
> > > > > If it has been filed, it is public record.
> > > > >
> > > > > Give me some information, and I will check if no one
>
> > > else
> > > > > wants to.
> > > > >
> > > > > If this is simply rumor -- drop it.
> > > > >
> > > > Right. It's a matter of public record. Search the
> > Tulsa
> > > > World archives and draw your own conclusions.
> > > >
> > >
> > >
> > >
> http://www>
> .oscn.net/applications/ocisweb/GetCaseInformation.asp?submi>
>
> >
> tted=true&viewtype=caseGeneral&casemasterID=1648767&db=Tulsa
>
> >
> > >
> > >
> > >
> > ht>
> >
> tp://www.kotv.com/main/home/stories.asp?whichpage=1&id=88243
>
> >
> >
> >
> > Libel, simply put, is damage to a person's reputation.
> >
> > Obviously, Christiansen is held to a higher standard
> because
> > he is a public figure.
> >
> > Not only must he prove that DelGiorno's statements were
> > false but that DelGiorno's comments were made with malice
> > aforethought or reckless disregard for the truth.
> >
> > DelGiorno may say his remarks fall under fair comment and
> > criticism. That is protected speech, but only if he did
> not
> > misstate any of the facts on which he based his comment
> and
> > criticism of Christiansen.
> >
> > Truth is, and always has been, the best defense for libel.
>
> > However, knowing the truth may be one thing, proving it is
>
> > another.
> >
> > Public figures sometimes win. But often appeal courts
> > overturn the original verdict.
> >
> > Has a date been set for this case?
> >
>
> The problem with Tulsa is that it switched in the past
> twenty years to a ward form of government with all the
> political corruption that goes along with it. "Councilors"
> love to pocket money as a benefit of the rules they
> generate. With the old mayor - commission form of
> government you had less of this problem.
Again, if DelGiorno told the truth, that is his best defense against libel.
And, Christiansen's lawyer has the additional burden of proving DelGiorno's state of mind since Christiansen is a public figure in the Tulsa area. The lawyer has to prove malice on DelGiorno's part in making the statements as well as reckless disregard for what DelGiorno knew.
It is a tough case for Christiansen to win -- unless DelGiorno was not factual and truthful in his statements AND knew it.
That is the big IF.
Our founding fathers made it extremely difficult for public figures to sue for libel in order to encourage frank and candid discussion without fear of retaliation from the courts and from those more powerful.
Journalists and commentators in Great Britain, Germany and other parts of Britain do not enjoy the same protections.
That is exactly why public figures like Tom Cruise sue for libel in countries like Germany but not in the United States.
