Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Year-End Campaign today.

October 20, 2009

To Sue or Not

To sue or not to sue? That is the question.

After racist statements were made up out of thin air and then attributed to Rush Limbaugh, these were the options he had.

It is easy for me to understand that these are not simple choices because I have faced those options as well. Recently there have been a number of columns made up by others and put on the Internet with my name on them. The things said in those bogus columns have nothing in common with anything that I have said, in my columns, in my books or anywhere else.

Years ago, CBS reporter Lem Tucker said in a broadcast on October 13, 1981 that my views “seem to place him in the school that believes that maybe most blacks are genetically inferior to white people.”

Anyone interested in the facts could have discovered that I had argued directly against this idea in a number of writings, including a feature article in the New York Times Magazine on March 27, 1977.

An attorney I did not know, but who had read my writings and knew that what was insinuated in that broadcast was totally false, offered to represent me in a lawsuit against CBS. That was when I faced the kind of dilemma that Rush Limbaugh faces now.

When someone is considered to be a “public figure”– and Rush Limbaugh is certainly that– the Supreme Court has narrowed the grounds on which that public figure can sue for libel, to the point where even the most blatant lie can often go unpunished.

Worse yet, there may be millions of people who never heard the original lie but who will hear it repeated in the media as a result of news stories about the lawsuit. And when those who committed character assassination are let off the hook on a technicality, they can claim “vindication,” as if what they said was true.

The question facing any public figure who has been the target of character assassination in the media is: Is it worth investing a large amount of time in a process that can make you worse off by spreading the very lie that you are suing to stop?

The down side of not suing is that it allows the lie to continue to be repeated in the media, with later repetitions being justified in terms of “just reporting” what someone else said.

No one can resolve this dilemma for someone else. My decision in 1981 was that I had too many other things to do for me to go into the exhausting and time-consuming process of suing CBS, with such dicey odds in the courts.

Every situation is different, so whether Rush Limbaugh should sue is a question that only he can answer.

The question for the media to answer is: Are lies to go unchallenged when they are lies against someone you disagree with? Worse yet, are they to be excused, rationalized or even repeated?

Already there are people on television saying that, although Rush didn’t actually say the things that have been attributed to him, he has said other things that they choose to call “racist.”

If those other things really are racist, why don’t they quote them, instead of something that was made up out of whole cloth?

The Rush Limbaugh show has, after all, been broadcast for many years, three hours a day. There are thousands of hours of those broadcasts that people can go back through to look for things to quote.

If critics can’t find anything racist in all that material, why should an outright lie about what the man said be given a pass? As the late Senator Daniel Patrick Moynihan said, you are entitled to your own opinion but not to your own facts.

Ultimately, this is not about Rush Limbaugh or anybody else who is smeared with impunity. It is about the whole climate in which issues are discussed.

Without a range of opposing opinions being available to the public, the basic concept of a self-governing democracy is a mockery. If views that some people don’t like can be silenced or discredited by character assassination, the whole country loses.

The courts should not be the only line of defense. Common decency should be the first line of defense, so that people who smear others will pay a price in the outrage that their lies should provoke, even among decent people who do not agree with the target of their smears.

COPYRIGHT 2009 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.