.
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."
"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."
Arecording 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.
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.
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."
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.
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."
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 4:55 AM CST by Lion's Cub
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 5:08 AM CST by xzins
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 5:22 AM CST by glory
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 5:41 AM CST by FreePaul
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 5:48 AM CST by Claire Voyant
For those that think O'Reily is a conservative - This issue should dispel that rumor.11 posted on 01/03/2003 5:49 AM CST by TheBattman
O'Reillys a gun grabber, nothing libertarian about him.27 posted on 01/03/2003 6:31 AM CST by steve50
I generally like and agree with O'Reilly.......but he's flat dead-wrong on this one.35 posted on 01/03/2003 6:51 AM CST by RightOnline
Christians should not be surprised at O'Reilly's attitude. It is what one would expect from a blind unbeliever. Unbelievers behave in this way because there is a veil over their hearts. O'Reilly has a strong sense of right and wrong, but it is based on worldly standards.53 posted on 01/03/2003 9:01 AM CST by exmarine
If this was not affecting the ratings of O'Reilly then I don't think that FOX would even be wasting their time. O'Reilly's 15 minutes of fame with conservatives is coming to an end.57 posted on 01/03/2003 9:10 AM CST by truthandlife
I am fed up with O'Reilly and am beginning to feel the same way about Fox News.73 posted on 01/03/2003 9:37 AM CST by Renatus
I do not listen to Bill Oreilly since I heard him say on the radio that Fundamentalist Christians were as dangerous as Fundamentalist Muslims. I am not making this up. He actually said this!! I'm sure he thinks everyone should be Fundamentalist Oreillys. He needs to get a grip.106 posted on 01/03/2003 10:19 AM CST by TexKat
I don't know about the "confused" part, but O'Reilly surely is "filled" with something.124 posted on 01/03/2003 11:08 AM CST by Ditto
More than anything, the Gay-stapo is afraid of the truth coming out about anything that hurts its agendas. They will do whatever it takes to stifle evidence of their true intents and motives. That's why most people who have heard of "Fistgate" have never heard the tape of it. 133 posted on 01/03/2003 12:05 PM CST by L.N. Smithee
Mr. Bennet has the right to use the interview since he was in it. Fox is wrong on this one. And yes Bill O'Reilly is a hack liberal posing as a conservative, Who in addition knows nothing about the Bible and where it came from. A man who thinks the Bible is just a bunch of stories and myths cannot be trusted to comment on it. 139 posted on 01/03/2003 12:42 PM CST by ColdSteelTalon
When O'Reilly first came on Fox, I enjoyed him, but the tone and tenor of his show declined with every new million he made. Now I shut him off quickly if I flip on his show. He is RAVING, chewing up the scenery and his interviews make no sense. There is something simply wrong with him--his outbursts and anger are very personal, unpleasant and--ultimately, boring.172 posted on 01/04/2003 9:52 AM CST by Mamzelle
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As far as "fair use" O'Reilly can pull a sound byte and present it on the show. Bennett cant copy the O'reilly show to tape and then sell or offer the tape as part of their fund raising. Are they too dumb to hire a lawyer too or do they just like to make wild accusations about Fox News trying to silence them when all they are doing is making sure their copyright is enforced.
Gosh... OReilly's sounding just like Tom Daschle!
Weird - cuz just the other week he was talking about his own faith.
Maybe he was just giving the crowd what he thought they wanted. Never been too terribly impressed with OReilly. I just watch him as comic relief once in a while.