Fourth Circuit dismisses Abu Ghraib contractor defamation suit (against Randi Rhodes)

[sabra]

Source: JURIST

The US Court of Appeals for the Fourth Circuit ruled Tuesday that a radio talk-show host's inflammatory remarks about a company which conducted interrogations for the US military at Abu Ghraib prison were protected under the First Amendment. In 2005, CACI International filed a defamation suit in federal district court against Randi Rhodes and her radio station, Air America Radio , for comments that Rhodes made on the air accusing CACI of "among other things, torture, rape, murder, and misrepresenting its authority. . . at Abu Ghraib" and likening CACI and other independent contractors operating in Iraq to those "that operated in apartheid South Africa." In affirming the lower court's grant of summary judgment to Rhodes and Air America, the Fourth Circuit court explained that:

The conduct of the military and its designated civilian surrogates during wartime is a matter of the highest public concern, and speech critical of those responsible for military operations is well within the constitutionally protected area of free discussion. ...Such a commentator must simply maintain a standard of care such as to avoid knowing falsehood or reckless disregard of the truth.


The court declined to find that the comments were made with actual malice because Rhodes relied on a number of sources, including the Taguba and Fay Jones reports, which provided evidence to support her allegations and prevented CACI from proving that the statements were made with reckless disregard for the truth. The court also dismissed CACI's defamation claims concerning a number of Rhodes' comments, including the reference to apartheid, on the grounds that they did not assert actual facts against the contractor and as such allowed for "rhetorical hyperbole and other types of imaginative or exaggerated expression." AP has more.

In July, four former Abu Ghraib detainees filed lawsuits against CACI and another private contractor, L-3 Communications , alleging torture, war crimes and civil conspiracy. The actions followed a similar suit filed in May by an ex-detainee who alleged that the contractors engaged in torture and conspiracy at the prison. Last year, US District Judge James Robertson refused to dismiss a class action lawsuit against CACI in which an amended complaint alleged that CACI was responsible for the torture of more than 250 former detainees held in Iraqi prisons.

Read more: http://jurist.law.pitt.edu/paperchase/2008/08/fourth-circuit-dismisses-abu-ghraib.php

[katandmoon]

1. Bwahahahahahahaha

[fasttense]

2. Stupid fascists contractors thought they had totally destroyed the Constitution.

But they'll keep trying. Go Randi, Go Air America.

[Prefer]

14. Randi is not on Air America

She is on Nova FM now.

[Lena inRI]

25. Randi on Nova M Radio, not FM

http://www.novamradio.com/live/

:kick: :kick: :kick: :kick: :kick:

[Bill219]

3. Awesome news for the Goddess!!

She should be really fun to listen today

[Ian David]

4. L-3 Communications, CACI, Blackwater & other mercenary companies commit War Crimes. D'ja think? n/t

[Canuckistanian]

5. I thought Randi already won this

Was this an appeal by CACI?

[dsharp88]

15. Yes, they appealed and lost again.

A Summary Judgment was granted to Randi meaning that it was so meritless that it shouldn't even go to a full trial. It was appealed, but upheld by the higher court that there was no basis to go to trial on this matter.

[Canuckistanian]

17. Thanks

I guess I'll be hearing it from her today when she comes on.

[barbtries]

30. based on the decision,

yes. CACI lost on every count, or issue they raised.

[Hugin]

6. "avoid knowing falsehood or reckless disregard of the truth" -- So, what's the excuse over at...

Fox News?

Should have never been a court case. Pure harassment.

Good for Ms. Rhodes.

[Ganja Ninja]

9. I think we need to find out what statute covers that and sue FOX

and ABC and CBS and CNN and all the RW screamers that have made a career out of lying for the GOP.

[dsharp88]

16. "We didn't know it was false because we could draw that conclusion based on ..."

Far be it from me to defend Fixed News, but those who purport to report news need to have the freedom to say what they can based on information they receive. "Reckless disregard" means they have to have checked the information from some source - either someone to attribute it to, or facts that can logically form the conclusion. It doesn't, in the end, have to necessarily be correct although, if wrong, should have a retraction or correction to help avoid a defamation of character suit. (my master's thesis in a nutshell...)

By the way, this high burden of proof is only for public figures. If you or I gets libeled by someone, it's a lot easier to pursue a case than for Barack Obama if he gets libeled.

[GOPNotForMe]

7. Yeah! What a weight off Randi's back! nt

[BlueEyedSon]

8. Yay! Go, Randy!

[byronius]

10. A little justice after all.

Now -- what about her attorney's fees and costs, and maybe a vast sum levied on CACI just for being ruthless, torturing, murdering assholes?

That's my tax money, there. I want it all back.

It'd almost be like living in a constitutional democracy.

[leveymg]

35. If I were the Judge, this would be sanctioned as a frivolous suit, fine CACI, L-3 and the lawyers.

Also, Rhandi should counter-sue.

[Overseas]

11. Glad Randi has won the appeal too !! /nt

[valerief]

12. The courts support the First Amendment? Hmm, I wonder why

they did that. Would Clear Channel have been sued if Randi lost this? Is that why?

I didn't think anything in the Constitution was upheld unless the ruling class benefited from it.

[kegler14]

13. And the 4th is, or at least used to be,

the most conservative circuit in the nation.

[DarthDem]

38. Probably Still Close

. . . but actually, Dumbya has significantly wasted opportunities to fill holes on the Fourth Circuit caused by surprise retirements, so it's actually far more balanced now than it was before - - and the lefties on its bench are very solid.

[DarthDem]

39. Dupe, self-delete

Dupe, sorry.

[DailyGrind51]

18. If Randi had lost this one, it really would have signalled the death

of the First Amendment and the eventual death of freedom in America. Way to go, Randi!

[Cleita]

20. Well, according to some here at DU telling the truth isn't

freedom of speech under the First Amendment, but lying through your pants to spread spin and propaganda is okay. I'm happy that Randi won the case. It makes me believe that we can put Rush/Sean/Billo in the judicial hot seat in the future for spreading lies as truth and fact.

[DailyGrind51]

31. Is that your impression? I don't believe I have ever read a post on this board

who believes that "telling the truth isn't freedom of speech under the First Amendment...", or the reverse, for that matter. Are you implying that Randi was not telling the truth?

[Cleita]

41. Did you read my post?

I never said nor inferred that Randi was not telling the truth.

[Cleita]

19. Score one for Randi getting the truth out there in spite of a hostile

press beholden to the White House and the Pentagon.

[defendandprotect]

21. A Randi Rhodes win and a free speech win---!!! Wow.... what a day--!!

[orleans]

22. congratulations randi! i'm really happy for you--and for us as well. n/t

[Gman]

23. I guess calling women "fucking bitches" is OK too

While this is a great victory for freedom of speech, Rhodes is still worthless.

[orleans]

27. .

:P

[DailyGrind51]

37. Only if, in truth, those women were in fact "non-fucking...", but that

would imply knowledge of their sexual habits.;-)

[samsingh]

24. good

[windoe]

26. Score one for support of Truth and Reality

-these days it sounds like music.

[barbtries]

28. there's a lot of good reading at the link

i just read the entire judgment. it's like i'm back in my country tis of thee!

read it to restore your faith in democracy and at least this one court.

yay

[LynnTheDem]

29. Truth is a great defense against defamation suits.

CACI; Torture, Rape, Murder by hire.

[valerief]

32. Randi, Free Speech Diva Extraordinaire! She's like a fast-talking

Larry Flynt. Without the porn.
:bounce:

[samsingh]

33. excellent for Randi!

[thesquanderer]

34. How about Rush?

re: "a commentator must simply maintain a standard of care such as to avoid knowing falsehood or reckless disregard of the truth."

It seems like Limbaugh and some others might have a hard time meeting that standard now and then... maybe someone should file a suit against them...

[annabanana]

36. And THAT boys & girls.. Is why I will always love Randi...

No matter how much she pisses me off! The girl does her homework and does not back off!

[DarthDem]

40. Fantastic!

And from the Fourth Circuit, no less. Tee hee, bwahaha, etc. Great news for Ms. Rhodes. :-)

[DeposeTheBoyKing]

42. And I used to work for JURIST - nice to see them on this one!

Go Randi!!