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To: Petronski
"That's the other side of her two-pronged burden of proof as I understand it: (a) that the claims are false and (b) that the authors acted with malice"

In essence and in most US jurisdictions, I think that's it -- "malice" here being defined as either knowing the claims were false or recklessly disregarding whether they were true or false.

If Sheehan initiated this, she would have some very high hurdles to jump if it ever actually went to trial (it won't).

Moy is a journalist and they have conditional privilege in publication that most citizens do not enjoy (see 1st Amendment, New York Times v. Sullivan, et seq).

Sheehan, while not an elected official, is nonetheless a public figure and in that sense, has much less legal cover from published criticism.

There is a strong argument to be made that Morgan's and Moy's book serves a significant or even vital public interest or public good. Sheehan could challenge this, but it could be dangerous to do so.

Last but not least, Sheehan must show actual damage -- unless the court granted motion for summary judgment of defamation per se (which also won't happen). She would have to show that she was significantly hampered in the profitable practice of her usual or principal occupation, that she suffered much more than trivial harm.

If she files, it will be for the same reason that kerry filed against the Swifties and will be dropped once it's served it's twin purposes of election year propaganda and intimidation of critics. She could also be counter-sued, just as Kerry & Co. are.

I believe all Sheehan would accomplished by suing is to triple sales of American Mourning and hand Morgan and Moy a bigger stage and microphone than they already have. In fact, the more Sheehan protests the book, the more interest she will create in it.

102 posted on 10/24/2006 11:13:29 PM PDT by Bonaparte
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To: Bonaparte

"In fact, the more Sheehan protests the book, the more interest she will create in it."

There is a God.

Sheehan speaks tonight near where I live and despite the inclination to don a hazmat suit, sit with my back to her and drape the flag which she so despises over my shoulders facing her, she really isn't worth the effort.


103 posted on 10/25/2006 12:21:34 PM PDT by at bay ("We actually did an evil....." Eric Schmidt, CEO Google)
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To: Bonaparte
unless the court granted motion for summary judgment of defamation per se (which also won't happen).

No, it won't happen, because only an attorney can get per se relief.

104 posted on 10/25/2006 12:53:11 PM PDT by at bay ("We actually did an evil....." Eric Schmidt, CEO Google)
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