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Fox News to sue ex-'gay' activist? Bill O'Reilly engaged in heated debate with guest
WorldNetDaily.com ^ | Friday, January 3, 2003 | By Art Moore

Posted on 01/03/2003 1:52:52 AM PST by JohnHuang2

Fox News is threatening to sue a prominent evangelical minister in the ex-homosexual movement who engaged in a volatile exchange over biblical morality on the top-rated television program "The O'Reilly Factor" in September.

Stephen Bennett, who says he left his homosexual lifestyle nearly 11 years ago, has distributed a 60-minute audio tape program called the "The O'Reilly Shocker," in which he responds to host Bill O'Reilly's characterization of people who take the Bible literally as "religious fanatics."

Fox claims Bennett's use of clips from the interview is a copyright infringement.


Bill O'Reilly

On the Sept. 3, 2002 program, O'Reilly, a Roman Catholic, called Bennett a "religious fanatic" who wants to "deny people rights" and suggested the minister wanted "all gays to go to hell."

Bennett said he has received hundreds of e-mails from viewers of the segment who said they were outraged at O'Reilly's "anger and verbal abuse."

O'Reilly is coming on like a "bully," charged Bennett, who still counts himself as a fan of the Fox News nightly show.


Stephen Bennett

"He's a libertarian who relishes the fact that he doesn't care what you talk about, but we have to have that right of free speech," Bennett said of O'Reilly. "Yet when it comes to me now speaking out – never saying anything nasty about anybody but just addressing the issues – he does everything possible to silence me."

Bennett said he has nothing against O'Reilly personally.

"This is just an issue the two of us do not agree on," he said.

A recording artist and national speaker, Bennett's Huntington, Conn.-based group, Stephen Bennett Ministries, says that it offers help to people who want to "come out" of the homosexual lifestyle.

Bennett, who is married with two children, also is a spokesman for the lobby group Concerned Women for America, which just prior to the Sept. 3 interview criticized O'Reilly for telling the homosexual magazine The Advocate that he favored homosexual rights.

Lawsuit threatened

Bennett received a letter yesterday from a New York City law firm representing Fox which charged him with copyright infringement for sale of a product that uses "almost all, if not all" of O'Reilly's four-minute interview with Bennett.

In the letter, Dori Ann Hanswirth of Hogan and Hartson warned Bennett that if he does not stop distributing the tape and does not turn over all remaining copies, Fox will file a lawsuit seeking monetary damages and injunctive relief.

However, Bennett's legal defense, the American Family Association, maintains that the tape is legal because it uses excerpts from the interview for the purpose of commentary.

WorldNetDaily sought further clarification from Hanswirth, but after conferring with her client, she replied that Fox News does not comment on pending legal matters.

Michael DePrimo, senior litigation counsel for the AFA's Center for Law and Policy, told WND that his reading of Hanswirth's letter is that Bennett cannot use any of Fox's material.

Bennett's tape, part of his group's regular tape-of-the-month series, is legal under copyright law's allowance of fair use and comment, DePrimo said.

"Certainly Mr. O'Reilly put it at issue when he called Mr. Bennett a religious fanatic and did not give him a chance to respond," he said.

DePrimo, who vowed to "vigorously defend" Bennett if Fox proceeds with a lawsuit, noted that it would not be legal "if somebody puts effort into a particular product and another person tries to appropriate it and sell it as his own."

That is not the case in this situation, he insists, charging that Fox simply "does not like the fact that Bill O'Reilly has been exposed as a homosexualist."

Bennett called Fox's demand's "ridiculous."

"Of course I can comment on that interview," he told WND. "If the heart of the interview was on cats and dogs, that means I can't talk about cats and dogs?"

After reviewing his tape again yesterday, Bennett said he has a total of about three minutes of audio clips from the Sept. 3 "O'Reilly Factor" interview and 57 minutes of original commentary.

Discussing theology

Bennett described his response to the interview in a column published by WorldNetDaily in September.

He said that in "pre-interviews," hours before the Sept. 3 show, producers called to discuss probable questions related to his Aug. 27 commentary in the Washington Times about promotion of homosexuality in the U.S. media and its effects on children, titled "The Gay Spin Zone." O'Reilly's comments in support of the homosexual rights agenda published in The Advocate also were added to the mix.

But Bennett says the "O'Reilly Factor" interview turned out instead to be "about Bill O'Reilly's theology."

After numerous exchanges in which O'Reilly tried to press Bennett on whether he thought practicing homosexuals would go to hell, O'Reilly said, according to a transcript, "We live in a secular society. You're a religious fanatic, with all due respect."

Earlier in the day on Sept. 3, O'Reilly referred to Bennett as "an idiot" and "religious fanatic" on his radio program, "The Radio Factor."

Bennett notes that one day later, O'Reilly compared his brand of religious belief to that of the Sept. 11 terrorists in a conversation with a liberal Baptist preacher.

Just a few days before the Sept. 3 program, O'Reilly responded on his show to Concerned Women For America's reaction to his Advocate interview.

O'Reilly opened his Aug. 29 program with this introduction:

In the "Personal Story" tonight, more attacks on your humble correspondent on the Internet. Now, I've gotten used to being pounded by both the left and the right, and very rarely do I see anything even remotely accurate on these websites. This time, a conservative group believes I am patronizing gays. Fine. My stance is simple. We're all Americans here. Nobody should be discriminated against. I'll leave it to God to figure out who's going to hell and who isn't. I'm not qualified, and nobody else on earth is either.

John Aravosis of About.com published a defense of O'Reilly in which he said, "What's troubling about this confrontation isn't that militant fundamentalists are angry about what O'Reilly said, but that they chose to respond to a political difference of opinion by questioning the faith of their opponent."

Calling Bennett a "self-proclaimed 'ex-gay," Aravosis quotes the minister commenting on behalf of CWA, "For a man to come right out and say that he does not believe in the Old Testament ? I think that many Catholics across this nation as well as the world are offended by Bill O'Reilly claiming he's an Irish Catholic."

Bennett said that his tape includes Rev. John F. Harvey, a Roman Catholic priest who asserts that O'Reilly is not speaking for the Catholic Church, which views homosexuality as "intrinsically evil."

Harvey, who runs Courage, a spiritual support group in Manhattan for homosexuals, says O'Reilly is abusing his public celebrity platform and promoting a heresy against the Catholic Church. The priest calls O'Reilly "confused" and "filled with pride – putting himself above the Catholic Church."


TOPICS: Culture/Society; Front Page News; News/Current Events
KEYWORDS: homosexualagenda
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Friday, January 3, 2003 Quote of the Day by JoeSixPack1
1 posted on 01/03/2003 1:52:52 AM PST by JohnHuang2
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To: JohnHuang2
Since Fox would have no interview without Bennett's participation, I fail to see why he doesn't have as much right to use the interview as Fox does. He's not using the entire show--just the portion that has his interview. Even if the court would disagree with that argument, I'd say Bennett is still protected under Fair Use.

I personally think Fox is making a big mistake by going ahead with this suit. A lot of us think O'Reilly made an ass of himself, and we are entitled to that opinion. I'd actually forgotten about this, but now I see that O'Reilly is just one ass amoung others at Fox.

2 posted on 01/03/2003 2:55:35 AM PST by Lion's Cub
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To: JohnHuang2
Bill O'Reily is an anti-Christian hate-monger. O'Reilly needs to examine his own bigotry and fanaticism on this issue.
3 posted on 01/03/2003 3:05:01 AM PST by Always Right
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To: Lion's Cub
I like Fox News and I generally watch a segment or two of O'Reilly.

The fact is, however, that unless Bennett signed some form before appearing on the show that says he has no right to comment or use the segment, that it is a part of his "life."

If it were an outsider using the O'Reilly segment, fine, maybe they shouldn't be able to use it without some restrictions. In this case, however, this is a "live" segment, not a movie or a production. Since the 2 people who appear "live" are O'Reilly and Bennett, either of them should have access to those moments of their own lives.

4 posted on 01/03/2003 3:08:21 AM PST by xzins
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To: Always Right
Bill O'Reily is an anti-Christian hate-monger.

Huh?

What issues that O'Reilly has spoken on show that he is "anti-Christian" in your opinion?

So far I think we can say for certain that O'Reilly hates people who abuse children in any way and Jesse Jackson. Anybody else?

5 posted on 01/03/2003 3:10:20 AM PST by patriciaruth
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To: patriciaruth
He made some pretty heavy accusations of this man who is a former gay ministering to those who are still gay. What O'Reilly accused him of does not even stack up with Mr. Bennett's own words of what his ministry is about. Mr. Bennett even reminds folks that a homosexual should be loved with Christ's love. Mr. Bennett's life mission as a former gay man is to win souls from that dangerous lifestyle. He's no more hateful of homosexuals(as O'Reilly charged) than the minister who works and ministers to the homeless is hateful of the homeless. Is O'reilly suggesting that anyone who takes to ministering to a particular group because of their experience with that group(former drug addicts to drug addicts, former promiscuous people to currently promiscious people, etc) are filled with hate at the very people they minister to? He was was off base and O'Reilly once again proved that he is the one who borders on the fanatical when it comes to this issue.
6 posted on 01/03/2003 3:22:13 AM PST by glory
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To: scripter
Since I'm tee vee-less I've only heard O'Reilly on the radio one time. He seemed pretty mild to me, but I've read a lot of threads where he seems like Mike Savage but not had the actual evidence of this. (and I'm a fan of Savage).

O'Reilly is wrong on this, and some people here have said he's a huge bloated egotist (O'Reilly), but he is friends with Rosie O'Donnell (the Irish connection perhaps?) and so that might color his opinion.

I know that O'Reilly seems good on lots of other issues.

He's wrong on this one, and I think a Court of Law, even a very liberal one would see this.
7 posted on 01/03/2003 3:23:49 AM PST by I_Love_My_Husband
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To: glory
Are you defending Always Right's statement that "Bill O'Reily is an anti-Christian hate-monger"?

I'm not defending O'Reilly's over-the-top style of debate which sometimes causes him to insert his foot in his mouth, just questioning the over-the-top statement from Always Right that O'Reilly is an "anti-Christian hate-monger."

8 posted on 01/03/2003 3:32:44 AM PST by patriciaruth
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To: JohnHuang2
I liked O'Reilly until I started listening to him on his radio show. He comes on as arrogant and abusive. I no longer listen to him although I do agree with a lot of what he says. He has taken positions on some things that I think disqualify him as a conservative. I believe that he is trying to gain listeners by being confrontational without regard to the issues.
9 posted on 01/03/2003 3:41:01 AM PST by FreePaul
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To: patriciaruth
Hat to tell you but O'Reilly IS turning into a Christian Hater.....and tilting very pro-gay. He;s against the priests, NOT for being Gay , but for diddling young boys. He;s very SOFT on Homosexual adoptions. I can HARDLY WATCH HIM anymore. He shows NOTHING of his Catholicism on TV.
10 posted on 01/03/2003 3:48:31 AM PST by Claire Voyant
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To: Always Right
This is the Reason that I'm not a big O'Reily fan. He can't decide what side of an issue he is - he just speaks towards whatever will get an arguement up.

For those that think O'Reily is a conservative - This issue should dispel that rumor.
11 posted on 01/03/2003 3:49:14 AM PST by TheBattman
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To: Claire Voyant
If someone is not anti-gay does that make them anti-Christian?
12 posted on 01/03/2003 3:54:05 AM PST by patriciaruth
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To: TheBattman
Do you have to be anti-gay in order to be conservative?
13 posted on 01/03/2003 3:55:12 AM PST by patriciaruth
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To: patriciaruth
What issues that O'Reilly has spoken on show that he is "anti-Christian" in your opinion?

O'Reilly constantly calls people who see gay sex as sinful as religous fanatics and extremists and has no repect for their beliefs in the Bible. O'Reilly is entitled to his beliefs, but his constant name-calling of those he disagrees with is bigotry.

14 posted on 01/03/2003 3:55:36 AM PST by Always Right
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To: JohnHuang2
This is a problem with the conservative party, I think. I'm not for pragmatism, but O'Reilly thinks like most of us with regards to most issues. He differs on a few, and on a couple quite substantially, but this does not make him someone who is "not a conservative" IMHO. I would rather have him have a top rated show than Martin Sheen or some other hardline liberal.

Economics and foreign policy should be (again, IMHO) the rallying points for this party. Everything else is a secondary issue. They are important, don't get me wrong, but liberals can cause much more damage when they control these issues than any other issues, and conservatives can do the most good...
15 posted on 01/03/2003 4:00:59 AM PST by B. Rabbit
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To: Always Right
people who see gay sex as sinful have a religious belief. Does this make them bigots?

If O'Reilly has a belief that people who see gay sex is sinful are religious fanatics (a lesser accusation that saying you are a sinner), does that make him an anti-Christian bigot?

16 posted on 01/03/2003 4:05:15 AM PST by patriciaruth
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To: JohnHuang2
O'Reilly attacked the man on a TV interview on O'Reilly's turf. It seems only fair that the man be able to use the clips of the events to rebut that attack on his character in basic self-defense.
17 posted on 01/03/2003 4:07:38 AM PST by DB
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To: patriciaruth
Do you have to be anti-gay in order to be conservative?

No, but conservatives do believe that people are ultimately responsible for their behavior. Why does O'Reilly and gay activists angerly insist that it is impossible for someone to stop behaving gay? It really boils their blood pressure at any suggestion that being in the gay lifestyle is anything but genetic.

18 posted on 01/03/2003 4:08:03 AM PST by Always Right
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To: Always Right
No, but conservatives do believe that people are ultimately responsible for their behavior. Why does O'Reilly and gay activists angerly insist that it is impossible for someone to stop behaving gay? It really boils their blood pressure at any suggestion that being in the gay lifestyle is anything but genetic.

And I think that O'Reilly would agree 100% with your first sentence. Individuals should be responsible for their own behavior. This means that if somebody is born gay (genetic argument) or is raised and developed to be gay (societal influences) than they should be left alone with their decision and accountable for their own actions. Leave them alone. (And also, they should leave straight people alone about their sexuality).

19 posted on 01/03/2003 4:13:11 AM PST by B. Rabbit
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To: JohnHuang2
However, Bennett's legal defense, the American Family Association, maintains that the tape is legal because it uses excerpts from the interview for the purpose of commentary.

FR didn't get very far with that defense. Maybe it'll get to another circuit court of appeals and yield a different ruling. Then we can all go to the Supreme Court.

20 posted on 01/03/2003 4:14:29 AM PST by William Terrell
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