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Palin attorney warns press on 'defamatory material'
Politico ^ | July 4, 2009 | Jonathan Martin

Posted on 07/04/2009 8:41:24 PM PDT by Al B.

Ratcheting up her offensive against the news media, Gov. Sarah Palin’s attorney threatened Saturday to sue mainstream news organizations if they publish “defamatory” stories relating to whether Palin is under federal investigation.

In an extraordinary four-page letter, Alaska-based attorney Thomas Van Flein warns of severe consequences should speculation that until now has largely been confined to blogs about whether Palin embezzled funds in the construction of a Wasilla, Alaska, sports arena find its way into print.

“This is to provide notice to Ms. Moore, and those who re-publish the defamation, such as Huffington Post, MSNBC, the New York Times and The Washington Post, that the Palins will not allow them to propagate defamatory material without answering to this in a court of law,” Van Flein warned, citing Alaska liberal blogger Shannyn Moore.

Much like Palin did in her Facebook statement Saturday, Van Flein savages the news media in his letter.

“Just as power abhors a vacuum, modern journalism apparently abhors any type of due diligence and fact checking before scurrilous allegations are repeated as fact,” the Anchorage attorney wrote.

(Excerpt) Read more at politico.com ...


TOPICS: Front Page News; News/Current Events; Politics/Elections; US: Alaska
KEYWORDS: frivolouslawsuits; gopimplosion; lawsuitabuse; lawyerabuse; palin; palinattacks; quitter; sarahbarraquitta; slapp; tortreform
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To: OldDeckHand
Public figure doctrine (absence of malice)

Special rules apply in the case of statements made in the press concerning public figures, which can be used as a defense. A series of court rulings led by New York Times Co. v. Sullivan, 376 U.S. 254 (1964) established that for a public official (or other legitimate public figure) to win a libel case, the statement must have been published knowing it to be false or with reckless disregard to its truth, (also known as actual malice).[15]

Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.

The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. Media liability insurance is available to newspapers to cover potential damage awards from libel lawsuits.

41 posted on 07/04/2009 9:15:06 PM PDT by torchthemummy (SAP - Skipped All Posts)
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To: All
Sarah Palin not under FBI investigation, agency spokesman says
"There is absolutely no truth to those rumors, that we're investigating her or getting ready to indict her," Special Agent Eric Gonzalez said in a phone interview Saturday. "It's just not true."

Gonzalez added that there was "no wiggle room" in his comments that could exclude any kind of probe.

That puts this crap to bed, If the Daily Kos proceeds with this pathetic smear effort, things will get real interesting.
42 posted on 07/04/2009 9:15:19 PM PDT by Al B.
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To: Jeff Head

Thanks for the awesome graphic!——Sarah Turns To Fight!!


43 posted on 07/04/2009 9:16:30 PM PDT by NorwegianViking (Organizing for America)
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To: Al B.
Ratcheting up her offensive against the news media.....

Ha Ha Ha!

44 posted on 07/04/2009 9:16:34 PM PDT by TankerKC (USAF...retired. Well, on Terminal Leave.)
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To: MHGinTN
When she is no longer a public figure

Sorry, no court accepts client instructions via Ouija board, spirit medium, or other alleged means of communication with the dead.

45 posted on 07/04/2009 9:18:25 PM PDT by steve-b (Intelligent design is to evolutionary biology what socialism is to free-market economics.)
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To: LucyJo

Well, it seems to me that Sarah has identified her first target, this Moore person. If we can get Dan Rather fired...


46 posted on 07/04/2009 9:18:52 PM PDT by Mamzelle
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To: cookcounty

Maybe Bristol and Willow can sue Letterman. (I can dream can’t I?)


47 posted on 07/04/2009 9:20:28 PM PDT by HelloooClareece ("We make war that we may live in peace". Aristotle)
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To: Al B.
we need to fight . we need to start filing non stop FCC complaints against these Obama front groups like ABC and there local affiliates ! Its time to fight back.
48 posted on 07/04/2009 9:23:28 PM PDT by ncalburt (Read all about)
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To: NorwegianViking

Thanks. Feel free to spread it around...and the link to the page.


49 posted on 07/04/2009 9:27:26 PM PDT by Jeff Head (Freedom is not free...never has been, never will be. (www.dragonsfuryseries.com))
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To: Al B.

OMG!!! I’m FLOORED! FINALLY A REPUBLICAN WHO WILL FIGHT BACK!! :)


50 posted on 07/04/2009 9:27:49 PM PDT by 4rcane
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To: Al B.

someone correct me if i’m wrong, but as governor she can not sue media because they’re protected by the first admendment, but as a private citizen she can sue for defamation


51 posted on 07/04/2009 9:29:08 PM PDT by 4rcane
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To: Al B.
"Gov. Sarah Palin’s attorney threatened Saturday to sue mainstream news organizations if they publish “defamatory” stories relating to whether Palin is under federal investigation."

Now that would be news worth reading and earing about, Traito media getting their butts sued; rather than this constant bombardment of hollywierdo worship and glorifying pedophiles, drug addicts, alcoholics and spoiled rich brainless bimbo's.

52 posted on 07/04/2009 9:34:19 PM PDT by Nathan Zachary
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To: Al B.
"Whether 'tis nobler in the mind to suffer the slings and arrows of outrageous fortune, or to take arms against a sea of troubles"

- William Shakespear, Hamlet

The DUmmies are fine slinging till they cross paths with someone who's been freed from that which binds them and not afraid to fire back! May the smears and lies they've perpetrated come to be their ultimate undoing.

53 posted on 07/04/2009 9:36:55 PM PDT by RasterMaster (DUmocrats - the party of slavery, sedition, subversion, socialism & surrender)
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To: Publius6961

She must be Anita Hill’s step sister???


54 posted on 07/04/2009 9:39:09 PM PDT by Atchafalaya (When you're in the basin, that's the best)
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To: Al B.

“There is absolutely no truth to those rumors, that we’re investigating her or getting ready to indict her,” Special Agent Eric Gonzalez said in a phone interview Saturday. “It’s just not true.”

Gonzalez added that there was “no wiggle room” in his comments that could exclude any kind of probe.

http://www.latimes.com/news/nationworld/nation/la-na-palin5-2009jul05,0,7018263.story


55 posted on 07/04/2009 9:39:13 PM PDT by kcvl
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To: 4rcane

Perhaps if President Bush had fought back for the 8 years that the Dems were smearing him and calling him every name in the book we would not be in this position today. I am not blaming Bush for this, but the Dems are so used to getting away with this crap they thought that Sarah, being a Republican, and a Conservative, would run away crying, she is FIGHTING and they can’t stand it. They will continue to smear her and make up lies about her, that is why we gotta take names down of every news organization or web site that continues to smear her and make up lies, that way we can send it to Sarah’s lawyer and he can sue their asses. That is the ONLY way to bring them down and make them stop, by exposing their idiocy and making them pay big time for it


56 posted on 07/04/2009 9:41:05 PM PDT by Sarah Barracuda
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To: HelloooClareece
Anybody can sue anyone for anything. That is what lawyers do. If you have enough money you can find a lawyer to sue for anything. That is what the leftists do all the time. How do you think the ACLU, ACORN and the meriad of leftist act.

I have advocated for years that the proper course of action for Conservative organizations is to swamp the legal system with the same type of frivolous law suites that the left are constantly filing. A few thousand law suites a month AGAINST the ACLU would keep their lawyers busy and their coffers so bare they could virtually be put out of business.

57 posted on 07/04/2009 9:42:00 PM PDT by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: PLKIng
Essentially, they have to know it's false and publish it anyway. The lawyer's letter is an effort to foreclose anyone claiming they didn't know it was false. Actual malice is the relevant phrase. Google NY Times v. Sullivan for details.

It's a chess game, she just answered the first move.

58 posted on 07/04/2009 9:43:28 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: Sarah Barracuda

What really ticks me off is the fact that Obama is a dumb *hit with NO EXPERIENCE while Sarah Palin is smart and a GOVERNOR of a state! But, still they trash her as ‘dumb’ and ‘no experience’!

SPIT!!!

Just like this ugly *itch...Maureen Dowd

‘Caribou Barbie is one nutty puppy.’

http://www.nytimes.com/2009/07/05/opinion/05dowd.html?hpw


59 posted on 07/04/2009 9:45:12 PM PDT by kcvl
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To: steve-b

Steve, we get it. You’re a troll. Nobody cares.


60 posted on 07/04/2009 9:45:53 PM PDT by agere_contra
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