Monday, August 14, 2006
As usual with libel cases, the answer is unclear.The way that I understand libel law--and I know more about this than I ought to--is that libel against a public figure is difficult to prove because it must meet these standards: (1) It has to be willfully, not mistakenly, false on a matter of fact not opinion (2) For public figures--who have greater recourse in the press than private individuals--the writing must do material harm to their reputation. In practice, I think this means that a knowingly false statement demonstrably cost them money.Whether or not it meets the legal definition of libel, Ross Shealy definitely took the low road by going after Karen Iocavelli for having Lyme Disease. He can say that her politics are goofy or mean-spirited or ill-informed, but going after people for being physically sick is, well, a little sick. Shealy might defend himself by saying that he only pointed it out because Iacovelli subsequently took a position on the Board of Advisiors for the Club for Growth. But everyone knows the difference between being on a corporate board and on one that's run by the government. The latter is far more inflexible.So Shealy's excuse wouldn't wash. Making fun of a Lyme Disease patient is pretty low.It would acquit his family name to apologize but I'm not expecting it.
Posted by Bill Smith at 1:02 PM |
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