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To: HoweverComma
Plea for summary judgement denied. Eyewitness (or, in this case, earwitness) testimony is relevant. Said testimony has not been rebutted. Pleadant Spiff's abject ignorance of the fact that Spencer actually did have a radio show shows that he shouldn't be complaining very loudly about a lack of evidence. Additionally, pleadant Spiff is hereby fined a $500 donation to FR for wasting the court's time by engaging in personal attack against two Freepers.

Your Honor, would you please tell the opposing pleadant to sit down and shut up.

I submit that beyond this single eyewitness's (earwitness's?) questionable and incomplete report of an alleged radio show (he's given no evidence that such a radio show actually exists or existed) upon which an unnamed, allegedly racist guest (he's given no name or date of this alleged incident) was allegedly treated too hospitably by Glenn Spencer that no concrete or credible evidence has been presented to support the allegations.

Further, even if that specific eyewitness testimony was corraborated, it would not come close to proving that Glenn Spencer is, in fact, a racist nor that his organization is, in fact, racist.

I wish to remind the court that proving a negative is impossible. Those making the allegations must prove their case and, given the breathtakingly negligent amount of actual, tangible, verifiable evidence, I submit that the accusers cannot and are instead engaging in baseless smears and perpetuating the false innuendo of the enemy and are not only wasting the court's time but are also engaging in activity which borders upon libel or slander (depending upon how your interpret statements made in an internet forum).

215 posted on 10/30/2002 3:44:22 PM PST by Spiff
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To: Spiff; dirtboy
OYEZ, OYEZ, OYEZ!

1ST CYBERCIRCUIT COURT OF APPEALS, THE HONORABLE JUDGE LYNCH PRESIDING, IS NOW IN SESSION.

Your Honor, would you please tell the opposing pleadant to sit down and shut up.

Pleadant Spiff is now fined an additional $1,000 donation to FR.

I submit that beyond this single eyewitness's (earwitness's?) questionable and incomplete report of an alleged radio show (he's given no evidence that such a radio show actually exists or existed) upon which an unnamed, allegedly racist guest (he's given no name or date of this alleged incident) was allegedly treated to hospitably by Glenn Spencer that no concrete or credible evidence has been presented to support the allegations.

The pleadant Spiff has raised valid questions, but has not successfully disproven the testimony.

Further, even if that specific eyewitness testimony was corraborated, it would not come close to proving that Glenn Spencer is, in fact, a racist nor that his organization is, in fact, racist.

The court notes that the pleadant HoweverComma is not claiming it as fact--he is merely stating that it calls the motives of Mr. Spencer and American Patrol into question, which is entirely true.

Additionally, the Honorable Judge Robinson has seen fit to rule that American Patrol is not an acceptable source for Free Republic. The rules of evidence that apply to Judge Robinson's court indicate that the ONLY reason for banning an entire domain is unsuitable content, with unsuitability being restricted to racist material, material from the Washington ComPost and Los Angeles Slimes, material that advocates the violent overthrow of the US government, and exceptionally bizarre conspiracy theories. A cursory examination of the americanpatrol.com website shows that the latter three cases are not met. This Court notes that, under the doctrine of stare decisis, the pleadant Spiff needs to change to an appropriate venue, such as LibertyForum.com, in order to begin the appeals process.

I wish to remind the court that proving a negative is impossible.

True enough. But in cases of direct personal testimony, it should be relatively easy to verify the facts of the case from the public record.

Those making the allegations must prove their case and, given the breathtakingly negligent amount of actual, tangible, verifiable evidence, I submit that the accusers cannot and are instead engaging in baseless smears and perpetuating the false innuendo of the enemy and are not only wasting the court's time but are also engaging in activity which borders upon libel or slander (depending upon how your interpret statements made in an internet forum).

Pleadant Spiff raises an interesting question at this point. Mr. Dees is an attorney. Mr. Spencer is, under the criteria established in the Sullivan vs. New York Times case, a private citizen, and not a "public figure." Proving libel or slander as a private citizen is relatively easy--Mr. Spencer must simply demonstrate that an specific allegation is not true (i.e., either that Mr. Carto did not appear as a speaker at subject rally, or that Mr. Spencer did not appear, or some other major defect of fact), and he must do so in civil court, with its correspondingly lower standard of proof vis-a-vis criminal court. If Mr. Dees has actually libeled or slandered Mr. Spencer by allegations of Mr. Spencer associating with Mr. Carto et al at specific events, then Mr. Spencer would be entitled to rather large sums of money (plus all of his legal fees--which would no doubt be nontrivial in amount) by way of compensation for the damage done to his reputation. Said sums of money would be more than enough to bankrupt the SPLC. Mr. Spencer has not seen fit to file a civil suit against Mr. Dees and the SPLC over this issue.

216 posted on 10/30/2002 4:11:12 PM PST by HoweverComma
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