I have no freedom of speech to state that you are a fraud. Or rather, I do, since the government has no right to stop me from saying it, but I have no protection against your suing me for making the statement.
Such a statement is libel, if untrue and defamatory to you. Which means a trial is required to determine if those two conditions exist.
I am unclear why Mann, a person who has spent a decade or more desparately seeking public attention, doesn’t qualify as a public figure who has less protection in libel cases.
I am also really unsure why anybody in his right mind would intentionally start a war of words with Mark Steyn. The last group to try it not only lost their case, they lost the law and kangaroo court system that was their ideal.
I am unclear why Mann, a person who has spent a decade or more desparately seeking public attention, doesn’t qualify as a public figure who has less protection in libel cases.
Remember, also, that Mann demanded under thread of lawsuit that `Minnesotans For Global Warming’ remove his image from their parody him and the rest of the warm-mongers.
(The parody can still be found in dusty corners of the internetz under the name “hide the decline.”)
Well-said, sir.
It is not clear that the judge gave the defendants an opportunitiy to raise the issue. She seems to have jumped the gun before they could respond.