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To: eaglebeak
The following is a direct quote from Spirit of Truth's post #7.

As I have been pointing out here in Free Republic for some time now, a possible key suspect in the Anthrax mailings is an Iraqi-American microbiologist who lives in Trenton, New Jersey (at last notice), where the Anthrax mailings eminated from. His name, or at least his alias, is "Waly Samar". In 1993, Mr. Samar (I'm pretty sure that at least the last name is legitimate) was studying microbiology at Hunter College in NYC - less than a thousand feet from the Manhattan Eye, Ear and Throat Hospital where Kathy Nguyen worked - - the latest victim of inhalation Anthrax. Waly Samar operated integrally with the Iraqi intelligence agents Abdul Rahman Yasin and Ramzi Yousef in planning, coordinating and executing the World Trade Center bombing on February 26th, 1993, the second anniversary of Kuwait's liberation from Iraqi occupation."

Those two phrases (in just the first paragraph!) that get into trouble are, #1 "As I have been pointing out here in Free Republic for some time now, a possible key suspect in the Anthrax mailings is an Iraqi-American microbiologist who lives in Trenton, New Jersey (at last notice), where the Anthrax mailings eminated from. His name, or at least his alias, is "Waly Samar". and #2 " Waly Samar operated integrally with the Iraqi intelligence agents Abdul Rahman Yasin and Ramzi Yousef in planning, coordinating and executing the World Trade Center bombing on February 26th, 1993.

The second phrase is actually much worse. It is libel, per se. In this sentence, SOT says Samar was in integral part of the "planning, coordination and executing" of a crime which six people died. As for any absolute truth defense, Samar's lawyers would call FBI agents, etc., and simply ask them if Mr. Samar had even been charged, let along convicted of those crimes. The answer, of course is no, and there goes any chance of an absolute truth defense. Remember, truth as a defense in this case must be "absolute truth," not just 99% true. As far as malice, that's easy too. SOT runs a strong Christian website. It's an easy jump from that to anti-Islamic.

The first phrase, "As I have been pointing out here in Free Republic for some time now, a possible key suspect in the Anthrax mailings is an Iraqi-American microbiologist who lives in Trenton, New Jersey (at last notice), where the Anthrax mailings eminated from. His name, or at least his alias, is "Waly Samar". In 1993, Mr. Samar (I'm pretty sure that at least the last name is legitimate) was studying microbiology at Hunter College in NYC - less than a thousand feet from the Manhattan Eye, Ear and Throat Hospital where Kathy Nguyen worked - - the latest victim of inhalation Anthrax," is equally problematic, for another reason. The word "possible" in his first sentence saves him from a libel action, but opens the door wide for a "false light" action. Definition of "false light" is hard in a sentence, but generally it is a "statement or other content (could be video for example) taken as a whole, which tends to lower the perception of the allegedly injured party in the eyes of the community." In other words, even calling him a potential suspect, possible having an alias and living close to victim Nguyen, is designed to cast suspicion on him, and SOT can not in court prove Samar committed and crime.

The problem for FR is, in making a vehicle available for the distribution of said comments, it becomes SOT's "publisher, and therefore very liable too.

The verdicts in these cases can run into telephone numbers!

It's not a case of Right Wing (of which I am), Left Wing, Center or even far-out reaches of any political philosophy. It's simply not engaging in conduct that could cost FR lots of money, even if in legal fees alone. FR was begun to spread the truth ignored by the mainstream media. It's a pity that a person who allies himself with "Truth" can't (or won't) stop puttiing FR into legal jeopardy.

172 posted on 11/19/2001 3:44:57 AM PST by MindBender26
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