Back in October of 2003, uber-blogger Atrios was threatened with a libel suit by Donald Luskin. My response then was:
God knows, I’m not a fan of Atrios, who I think is part of the Jackie Goldberg/ suicidal-lemming wing of the Democratic Party.
But this is just embarrassing.
Well, we’re not done with blogger libel lawsuits, I guess. Wizbang points out that liberal blogger David Niewert, of Orcinius, is saber rattling re Wizbang’s harsh treatment of Professor Hailey’s incoherent and oft-changing claim that the Rathergate documents were in fact done on a typewriter.I went over and read Niewert’s posts, and then the background posts by Paul on Wizbang (one was redacted for tone, which I’ve done as well) as well as a quick scan of the Professor’s work to see what I thought.
In reverse order:
The professor’s work is barely coherent, and I’m having a hard time – given an unwillingness to approach it like one of Joyce’s works – making any sense of his claims, except for two, that based on scaled up fuzzy images, he’s claiming that the font isn’t Times Roman and that the letter patterns show signs of irregularity consistent with a typewriter. The stated claims go far further, but I can’t get from his data to his claim, so let’s just put it aside for the moment and suggest that an expository rhetoric tuneup might be in order. I certainly didn’t see anything that shook my belief that the documents were electronically generated (and I won’t go into why right now).
Wizbang’s posts, given the inferred tone from the apology were pretty snarky, and I do wonder why Paul would call the guy’s boss (the head of Hailey’s) about this.
To me there’s a clear line between arguing against someone’s points and rattling their personal cage. When you call someone’s boss, wife, etc. and finger-wag that they’ve done something naughty on the Internet, you’re moving the discussion from – a discussion – to something with significant impact on someone’s personal life, and that seem to be a different level of the game.
Interestingly enough, Niewert’s claims about Paul and Wizbang aren’t about this call, but about a broader theory of defamation and libel.
They’ve continued in the same vein with the Hailey report — openly libeling their subject and accusing him of unethical and potentially criminal behavior, all without the benefit of getting a response from him as well as any consideration of the gravity of the charges. Even their most recent posts continue to assert the “academic fraud” charge.
and approvingly notes that
[Commenter] David needn’t worry, actually. Because the folks at Wizbang are about to discover that there are consequences for leveling these charges.
While it’s true that, as the Deseret News reported, Hailey himself is not considering legal action against the authors of the Wizbang posts that have openly libeled him, the same cannot be said of the officials at Utah State University.
Hailey, in fact, assured me that the university’s attorneys consider the Wizbang posts “fully actionable” and are in the process of preparing legal remedy for the defamation of character that the blog has leveled both against Hailey and the university. It’s difficult to say at this point whether they will act on it, but there’s at least some likelihood they will.
…and…
So here’s what is probably about to happen: USU’s attorneys will send legal letters to the Wizbang authors demanding a full retraction (and, if justice is served, a full apology to both Hailey and the university), upon pain of facing a civil action for libel. If the authors refuse, then they’ll be served with more papers detailing the civil lawsuit filed against them.
It’s ugly, but it’s a hard, cold fact of the real world of journalism.
In any event, the Wizbang authors may soon find themselves wishing they had applied a little old-fashioned journalistic prudence before rushing to print with their manifestly reckless accusations.
But in the process, they may provide a useful object lesson for us all.
I’ll call bullshit here.
Blogging isn’t a community anymore, so appealing to ‘community standards’ probably isn’t fruitful. But I’ll go to my post defending Atrios’ right to speak without a lawyer on staff:
And pundits who use slings ought to be able to take a stone or two, and the fact that Mr Luskin can’t – the fact assuming that the letter Atrios posted was genuine (and the lawyer’s name does check out on the firm website) – certainly drops him a few kilometers below credible in my view.
Free speech – even hurtful speech – is something the folks at NRO (and others) have championed for some time. It appears that they neglected to mention that it only matters when someone else’s ox is being gored.
Similarly, Niewert and his commenters seem to believe that it’s right to hide behind lawyer’s skirts when challenged in the marketplace of ideas. I’m positive that they wouldn’t feel the same way if the shoe was on the other foot; he says so in his essay on “The Personal and The Political” (it’s one I’ve bookmarked for my long-delayed ‘taking back the Democratic Party’ piece). He’s become a partisan warrior who believes that the challenge of the Newt Gingriches is best met with Democratic Newt Gingriches.
Great. Just great.