Abourezk can sue Web site (ProBush.com put him on "traitors list")

[Robbien]

SIOUX FALLS (AP) — A federal judge has ruled that a lawsuit filed by former U.S. Sen. James Abourezk can continue against an Internet site that put Abourezk on a "traitor's list" for criticizing President Bush.

U.S. District Judge Lawrence Piersol denied a motion on Wednesday from ProBush.com to dismiss Abourezk's lawsuit. Abourezk, who was a Democratic U.S. senator from 1973 to 1979, accused the site of libel.

Abourezk sued last year after his name and photograph showed up on the list along with those of several others, including actress Susan Sarandon, Sen. John Kerry and Sen. Hillary Clinton.

Abourezk, who is seeking $2 million in actual damages, $3 million in punitive damages and a retraction, has been critical of the war in Iraq. He was also part of a four-person delegation that traveled to Syria and Iraq in 2002.

In an interview last May, Abourezk's lawyer, Todd Epp, said the Web site can criticize the former senator's views but does not have the right to call him a traitor to his country. ProBush.com said in court documents that the First Amendment protects political statements such as those that appear on the Web site.

http://www.rapidcityjournal.com/articles/2004/03/21/news/state/state03.txt

[Rex]

1. WOW! What do I have to do to get on this list?

Thats mad cash!

[LTR]

8. How to get on the list

http://www.probush.com/traitor_slot.htm


Slots run from $140 to $10,000.

That'll get this asshole out of his mom's basement!

Funny thing is, the email address has the domain name of Freespeechfoundation.org.

Pot, meet kettle.

[KissMyAsscroft]

2. I actually agree with the freepers on this one...

It's free speech, just like it would be free speech for the Senator to rebut the charges.

I support free speech, even that which I dont agree with. this to me falls under the realm of political speech and not personal libel.

[Sagan]

3. I don't know. Treason is a crime..

Is it libel to go around calling someone a murderer or thief or prostitute, for example?

[Leados]

4. I think so, if you say it as if it were the truth.

For example, if one says:

I think so-and-so is an idiot. That is not libel since it is one's opinion.

But, if one says:

So-and-so is a traitor. That is libel, since it could potentially harm one's imagine/reputation/whatever.

But I'm not a lawyer.

[newyawker99]

12. Hi Leados!!

Welcome to DU!! :toast:

[Robbien]

5. Rapist, Murderer, Traitor are terms of libel

in my book. You should only be able to call someone those names if you can prove it in a court of law.

[david_vincent]

11. I agree

"Traitor" isn't a meaningless word. It has a definition, and it means someone who has actively betrayed his country. So if you call someone a traitor, that should be libelous or slanderous, because it's analogous to calling someone a rapist -- another word that has a meaning.
If we start to allow everyone to call anyone anything, then these words will lose their meaning, and the actions implicit in them will also lose their significance. In other words, if I call you a rapist and that's nothing but an exercise in free speech, then rape itself doesn't mean much at all. Same goes for traitor/treason.

[LTR]

7. How many people actually have seen this site anyway?

I just checked it out. Looks like a 10-year old did it. It actually looks worse than a Geocities site.

This fool has some serious issues.

http://www.probush.com/

[Jack Rabbit]

6. Can I sue them for leaving me off the list?

Gee, I'm trying.

[LTR]

9. The Alexa ranking

http://www.alexa.com/data/details/traffic_details?q=&url=www.probush.com

WOW! 10 people clicked on it today.

[FARAFIELD]

10. we all ought to sign up as traitors

There is a spot at the bottom to email them if you want to be listed as a traitor

[rinsd]

13. This is a tough one....

Especially for a lay person. I know that actual malice has to be introduced but does accusing someone of treason according to your beliefs qualify as libel? Treason is a pretty weighty charge but I fear the impact of this favoring those with the pockets to go after those without them.

Intesresting article on libel below:

http://usinfo.state.gov/products/pubs/press/press08.htm

[Saintgermane]

14. Not quite true

Actually malice attaches if a reckless disregard for whether or not a statment is true or false exists. Besides, treason is a crime punishable under law; as with the posting above, one simply can't wander around accusing others of some crime absent some level of proof.

One cannot call someone a murderer just because one 'believes' that person is a murderer, absent any proof to support the allegation.

Besides, this is good. Methinks the "treason" label is tossed about quite a bit too freely these days...