2017年12月12日 星期二

Now that Roy Moore has lost, he can demand his day in court

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The “actual malice” standard requires a showing that the newspaper published a false report with either actual knowledge of its falsity or a reckless disregard of the truth. In the Moore coverage, the Washington Post had multiple alleged victims and supporting witnesses who were identified by name in its coverage. Witnesses include former security guards who have alleged that Moore was such a menace to young girls that he was effectively on a watch list at the local mall and cheerleading events. Moore has not threatened these witnesses, only media. It also includes witnesses from his neighborhood and work who have said that Moore was notorious for his pursuit of young girls. This factual foundation is comfortably above of the standard set out in New York Times v. Sullivan.
Moore v. The Washington Post holds obvious analogies to New York Times v. Sullivan.Alabama is once again ground zero in a national debate over equal rights and prejudice.  If Moore seems to have striking similarities to Sullivan, he has too few similiaties to Black. Black came from a small-town practice like Moore. He was raised in a segregated South and was himself a member of the Ku Klux Klan. However, Black came to renounce the Klan and prejudices as a politician and jurist. While a textualist, Black emerged as one of the court’s greatest advocates for civil liberties. Rather than rally crowds with regressive and divisive rhetoric, Black sought to transcend the demons that plagued his youth in Alabama — culminating in his contribution to New York Times v. Sullivan.
Now Alabama is set for another major defamation lawsuit involving a controversial political figure. One thing is already established. Either nine women (and a host of supporting witnesses) are shameless liars or Moore is. It is time to find out who. It is time for Moore to fulfill his promise and file his lawsuit. 
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