Thursday, February 21, 2019

The Right Turns to Libel Law: How a Racist Radio Host Fared in His Defamation Lawsuit


James Edwards is the creator and host of “The Political Cesspool” radio show and website. His program in on the Liberty News Radio Network. He published these principles on the show’s website:
“The Political Cesspool Radio Program stands for the The Dispossessed Majority. We represent a philosophy that is pro-White.”
“We wish to revive the White birthrate above replacement level fertility and beyond to grow the percentage of Whites in the world relative to other races.”
“America would not be a prosperous land of opportunity if the founding stock were not Europeans.... You can’t have a First World nation with a Third World population.”
Edwards frequently has guests such as David Duke and others with connections to white nationalist views on his show. Duke has written for The Political Cesspool’s blog, including, a post that discussed the “Jewish extremist takeover of America.”
Edwards has a strong ideological viewpoint, he voices this viewpoint on the show, and he highlights this through several of the show’s frequent guests, including Duke and Sam Dickson, Jr. (who has represented Ku Klux Klan members in court in the past.) Both have been on the radio show dozens of times.
On March 17, 2016, The Detroit News published an opinion piece by Bankole Thompson in its “Think” section. The piece was titled, “Jewish leaders fear Trump presidency.” The piece centered on concerns expressed by Detroit-area Jewish leaders regarding the involvement of white supremacists during the 2016 presidential campaign. In the piece, Thompson made the following assertion:
Of particular note to some in the Jewish community is the unprecedented support the Trump campaign has received among white supremacist groups like the Ku Klux Klan and its leaders like James Edwards, David Duke and Thomas Robb, the national director of the Knights of the Ku Klux Klan in Arkansas.
I underlined “its leaders” because that was the crux of Edwards’ defamation lawsuit against the newspaper. He is not a formal leader of any white supremacist group, so technically, the statement is false—and if it’s false, it can be defamatory (leading to damages).
A Michigan court dismissed the lawsuit. In pertinent part, the court said:
Edwards is correct in the narrow sense that one meaning of “leader” includes being “[t]he foremost or most eminent member” of a group. Thus, one plausible inference could be that Edwards, like Duke and Robb, had an official role with the Ku Klux Klan. Yet, Edwards is incorrect in a more fundamental sense because the term can be used and understood more broadly—e.g., a leader may be someone who “guides others in action or opinion,” “one who takes the lead in any ... movement,” “one who is ‘followed’ by disciples or adherents,” or “in [a] wider sense, a person of eminent position and influence.” None of these latter meanings necessarily implies official affiliation with a particular group.
Considering the multiple meanings that “leader” can have, we do not read the sentence to imply necessarily that Edwards must have held some official, designated leadership role in the Ku Klux Klan.
The court added this key conclusion:
Mindful of Aesop’s lesson, “A man is known by the company he keeps,” we hold that Edwards cannot make claims of defamation or invasion of privacy and affirm summary disposition in favor of defendants.
***
Why is this important? Pay attention to Nick Sandmann’s (Sandmann is pictured above) $250 million libel lawsuit against the Washington Post. (Editorial comment: The larger one’s claims for damages, the more likely it means it’s a publicity stunt.) Pay attention to Justice Clarence Thomas’s highly unusual opinion this week, seeking to open the floodgates of libel lawsuits against newspapers (Editorial comment: He was, and continues to be, hounded by media that sided with Anita Hill, and did not offer Thomas any “himpathy”.) Pay attention to President Trump’s similar call to open the floodgates for more libel lawsuits. One final editorial comment for the right: Treat the First Amendment with the same regard as the Second Amendment. If you are going to protect a person’s right to accumulate weapons for a mass shooting, don’t let painful, even untruthful, words mushroom into $250 million lawsuits.

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