Posted by
Cristy Li on Wednesday, December 12, 2007 4:26:13 PM
It is well established in the United States that all speech is not protected as Free Speech---one can not yell "Fire" in a crowded theater, likewise not everything that may be published is Constitutionally Free Speech.
In 1637 when writer William Prynn made the unfortunate mistake of writing a book which criticized the Queen, he was hauled off before a panel of Judges was found guilty and ordered to spend the rest of his life in prison. Had William Prynn been living in the 21st century and not the 17th century he would have been free to write his book. The laws that control libel first began to take shape before the colonies gained their independence. One of the most famous cases involved New York Publisher John Peter Zenger who was imprisoned in 1734 for printing political attacks on the Colonial Governor of New York. Zenger's lawyer established legal precedent by arguing successfully that truth is an absolute defense for defamation.
While the media does enjoy the rights of Free Speech guaranteed by the 1st Amendment an Editorial Opinion can not be held as libel, in fact nobody can be found guilty of libel for an opinion.
Hatewatch Hall of Shame is the works of Reverend Jim Sutter from Cleveland, Ohio that I have written about in the past. On December 5, 2007 I wrote an article entitled Wacky World: Gossip, Innuendo & Lying that may be seen at cristyli.blogspot.com about the Lies & Deceit espoused by the Reverend Jim Sutter at his Rag Site.
On December 10, 2007 at the Rag Site---Hatewatch Hall of Shame the Reverend James Sutter wrote an article entitled the TROP Report.
The Religion of Peace.com exposes the truth about Islam's deadly consequences.
Just this week we have learned that in Toronto, a Man murdered his 16 year old daughter for her refusal to wear a Hijab.
Reverend Jim Sutter has published a long investigative report at his Rag Site---Hatewatch Hall of Shame about Glen Reinsford and The Religion of Peace.com and has made up allegations that are simply untrue from missed child support payments of in excess of $17,000.00 allegations of job losses to psychological problems.
Libel is a legal term that describes a written form of defamation, in its most general sense, any publication that is injurious to the reputation of another. A false and unprivileged publication in writing of defamatory material. See, Bright v. Los Angeles Unified School District 51 Cal.App.3d 852
In Ohio individuals can be held liable for damages if they cause to publish materials that are untrue and a person is harmed by the false publication. Any person that: (a) makes a statement as fact which is untrue; (b) the statement is false; (c) the statement causes damages; (d) the writer was negligent. Libel assumes malice, knowingly or recklessly publishing false information with the intent to cause injury.
In 1990 a case was argued from Ohio before the U.S. Supreme Court, a reporter from the Lorain Journal published an article accusing Michael Milkovich a High School Wresting Coach and H. Don Scott the School Superintendent of lying under oath in a judicial proceeding. Both Milkovich and Scott sued the paper for defamation---the Trial Court granted a directed verdict for the Defendant finding that the evidence failed to show actual malice. A State Appeals Court reversed the Trial Court. The Ohio State Supreme Court subsequently determined that the article was constitutionally protected speech----the case finally ended up before the U.S. Supreme Court, see, Milkovich v. Lorain Journal Co. 497 U.S. 1 which the Court established a mens rea culpability requirement for defamation and that states can not impose strict liability that would run afoul with the First Amendment.
Every year hundreds of libel cases are brought before the Courts filed against publications, in December 1990 a Judge on the Pennsylvania Supreme Court won a $6 Million Dollars Judgment against the Philadelphia Inquirer because of a series of articles in 1983 suggesting that the Jurist was guilty of influence peddling. One of the largest verdicts of $58 Million Dollars against the media came in Texas in 1991 after a Dallas television station accused former District Attorney Victor Feazell of accepting bribes to fix drunken driving cases. The verdict sends a clear message to tell the truth and get their facts correct. Two months later, a State District Judge not only upheld the judgment but added a 10% annual interest charge if the television station appealed the case and lost. A settlement was reached shortly thereafter.
While we encourage the Religion of Peace.com to institute legal action against The Rag---Hatewatch Hall of Shame along with Reverend Jim Sutter for libel, it is equally important for others to realize that truth escapes the Reverend Jim Sutter who has held himself out to be a former U.S. Navy Seal, former Naval Intelligence Officer that trained with Israel Defense Force.
The real Reverend Jim Sutter is nothing but a liar who publishes anything in order to deliberately hurt others. The so called man of the sack cloth has previously written that I am a student at the Fisher College of Business in Columbus, Ohio learning to write magazine ads and will get on my knees servicing instructors sexually to obtain a better grade.
The most effective weapon against liars such as the Reverend Jim Sutter is the loss of credibility however in Sutter's Wacky World: Gossip, Innuendo & Lying the man is devoid of shame and soon should face a judgment and be without money too.