To sure or not to sue?
That is the question.
After racist statements were made up out of thin air and then attributed to Rush Limbaugh, these were the options he had.
It is easy for me to understand that these are not simple choices because I have faced those options as well. Recently there have been a number of columns made up by others and put on the Internet with my name on them. The things said in those bogus columns have nothing in common with anything that I have said, in my columns, in my books or anywhere else.
Years ago, CBS reporter Lem Tucker said in a broadcast on October 13, 1981 that my views “seem to place him in the school that believes that maybe most blacks are genetically inferior to white people.”
Anyone interested in the facts could have discovered that I had argued directly against this idea in a number of writings, including a feature article in the New York Times Magazine on March 27, 1977.
An attorney I did not know, but who had read my writings and knew that what was insinuated in that broadcast was totally false, offered to represent me in a lawsuit against CBS. That was when I faced the kind of dilemma that Rush Limbaugh faces now.
When someone is considered to be a “public figure”— and Rush Limbaugh is certainly that— the Supreme Court has narrowed the grounds on which that public figure can sue for libel, to the point where even the most blatant lie can often go unpunished.
Worse yet, there may be millions of people who never heard the original lie but who will hear it repeated in the media as a result of news stories about the lawsuit. And when those who committed character assassination are let off the hook on a technicality, they can claim “vindication,” as if what they said was true.
The question facing any public figure who has been the target of character assassination in the media is: Is it worth investing a large amount of time in a process that can make you worse off by spreading the very lie that you are suing to stop?
The down side of not suing is that it allows the lie to continue to be repeated in the media, with later repetitions being justified in terms of “just reporting” what someone else said.
No one can resolve this dilemma for someone else.
My decision in 1981 was that I had too many other things to do for me to go into the exhausting and time-consuming process of suing CBS, with such dicey odds in the courts.
Every situation is different, so whether Rush Limbaugh should sue is a question that only he can answer.
The question for the media to answer is: Are lies to go unchallenged when they are lies against someone you disagree with? Worse yet, are they to be excused, rationalized or even repeated?
Already there are people on television saying that, although Rush didn’t actually say the things that have been attributed to him, he has said other things that they choose to call “racist.”
If those other things really are racist, why don’t they quote them, instead of something that was made up out of whole cloth?
The Rush Limbaugh show has, after all, been broadcast for many years, three hours a day. There are thousands of hours of those broadcasts that people can go back through to look for things to quote.
If critics can’t find anything racist in all that material, why should an outright lie about what the man said be given a pass?
As the late Senator Daniel Patrick Moynihan said, you are entitled to your own opinion but not to your own facts.
Ultimately, this is not about Rush Limbaugh or anybody else who is smeared with impunity. It is about the whole climate in which issues are discussed.
Without a range of opposing opinions being available to the public, the basic concept of a self-governing democracy is a mockery. If views that some people don’t like can be silenced or discredited by character assassination, the whole country loses.
The courts should not be the only line of defense. Common decency should be the first line of defense, so that people who smear others will pay a price in the outrage that their lies should provoke, even among decent people who do not agree with the target of their smears.
Do you like this story?
Yes. The “He is Racist Screamers” interfered with a business contract in the making and did so by lying.
Procter and Gamble once sued a religious group that said the P&G Logo was a satanist sign. P&G won.
There are another case where a performer was accused of being a communist and lost his employment as a result. He sued and won bur got no money as the slanderer was already bankrupt.
THis “racism” thing of today is what witchcraft was back in the dark ages. An accusation which was very easy to make, yet very hard to disprove.
Torquemada and the Inquisition was yesterday. Today we have the left wing moonbats to keep mankind clean and pure.
Maybe these accusations of “racist” are meant to mobilize blacks against conservatives. I have been actually prejudiced in the past against blacks, but I lost my prejudices (though I still am aware of some disturbing statistics on things like crime and family breakup). But having been there, one thing I've noticed is people like Rush are most definitely not racist. Hannity, on the other hand, does have a friend who is a definite racist (see Debbie Schlussel's column on that). The point is though, that this sort of thing should be fought. Rush wouldn't lost much at this point, and he does have a loyal following from many of us.
Rush MUST sue the liars. It is not just for him, but as a defender of truth, he will set the stage right for the RIGHT. He has the re$ources to fight such smear tactics of the left ……… and for all of us – mobsters, terrorists, nazis, aka smeared citizens of the USA …… Rush MUST sue the liars.
He MUST! don't let the cretins win….
And some liberals may listen to him to “get a drift”, and may see the truth and start thinking in the proces…
In most cases I would say, yes, but to compensate him, lawyers would get most of the money and they damned well do not deserve it.
Where is the ACLU standing up for the rights of its citizens in this matter?.
The ACLU fights against religous symbols but does nothing to support individual rights if they don't suit their agenda.
One should not have to be financially ruined to defent their basic freedom nor should an organization purport to defend those freedoms selectively.
At what point will the government do its job which is to protect all of us as noted in the constitution.
HOLLYWOOD ACTORS SUE ALL THE TIME AND WIN!
Many others sue and the case is settled out of court with large judgements even when it is an obvious false claim.
Minorities sue for everything saying their case is based on race and they always win.
Now AL SHARPTON is threatening a lawsuit against Rush's column and he'll surely win because he's AL SHARPTON and he needs the money since he doesn't have a congregation to steal it from!
RUSH SHOULD SUE THE HELL OUT OF ALL OF THEM! EVERYONE ELSE DOES!!!
Ordinarlily the moral high road might be to defend for Rush to just defend himself on his radio program and various media appearancs. And after that he could just let it pass.
However, since these lies have caused real damage in his life by prohibiting him from purchasing an interest in a football team, i think that he should take them to court and make a scathing example of them for all to see. Black racist demagoguery should be exposed for what it is and not be allowed to intimidate and destroy the lives of innocent people.
Rush obviously has problems with black people, especially well-known public figures like black football players and others. And he is obsessed with Obama, being a birther despite the evidence to the contrary. Does that make him a racist? I don't know him but it's fair to say that Rush certainly leans toward racism as do many of his faithful listeners.
When asked if he was anti-Semitic, Hitler replied “No, not me.”
I've known a small handful of blacks who openly state that blacks really are inferior to whites. Are they racist? Of course they are.
I don't think Rush should sue because he's made thousands of borderline-racist comments which can be proven. His appeal to his faithful followers is being an independent, intelligent, witty with a great sense of humor, current and a great communicator with racist leanings.
I enjoy listening to him for 15 or 20 minutes a few times a month just for laughs. The GOP wasn't thrilled when Rush became their chairman earlier this year……too many political, narcissistic egos involved, jealous of Rush.
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I think he should sue just to force the other side to have to produce the evidence, which they won't, or else they will have to shut the heck up. Maybe it will shut them up for a little while.
There are two different problems that are never addressed; one is race and one is culture. I think many people's cultures clash and that is the biggest part of the problem, not the color of the person. Different cultures teach different values and morals which causes more trouble than what you look like. I think a lot of people confuse the two; race and culture.
“…he's made thousands of borderline-racist comments which can be proven.”
And this observation is based on the fact that you “…enjoy listening to him for 15 or 20 minutes a few times a month just for laughs.”?
Typical liberal dimwittery. What, exactly, is a “borderline racist” comment? How about quoting a dozen or so out of the “thousands” you've heard Rush say during your rare listenings. And while you're at it please supply the proof.
“Racism” is the opposite end of the “Peace Prize” – riots in Chicago; Freddy's Mart in NYC.
Can you explain what you mean by giving an example or two?.
I don't carry Rush links while traveling so you're going to have to do your own research if you want to discover anything in life, Missy.
Rush MUST do what Rush sees fit for his own life and happiness. His right is to the pursuit of his own happiness. He's not a sacrificial ram.
How about not liking Burka's or burying and stoning women as a “cultural” thing versus hating “arabs”.
@ Lucy Q…you are a liar and without any facts. You will never “come back” from traveling to post your “proof” because there is no proof, and you are probably not even traveling. Rush has avoided the 'birther' issue so there's another lie. You are despicable in trying to compare Rush Limbaugh to Hitler. You know little to nothing about both. You use terms like 'racist leanings' with no defintion and no quotes or specifics, then you slander the majority of 20 million listeners with the same lie.
Your days of this nonsense are going to end soon…the country has learned quickly from electing the racist thug obama…oh, how does that sound btw? “white man's greed”…maybe you should read “his” book and come back and tell us who the racist really is.
That's an example but it's foreign whereas Sowell's column and the poster I responded to is talking about Americans……inside America.
It sounds like another stupid thing the far left and far right do ad nauseum-call someone a liar because both extremes are too lazy and stupid to do research. Thank goodness, the majority are in the middle.
LucyQ, you are all air, no substance. I can call you a liar because…you are lying. Would 'lack of truthfullness' make you feel better? Serve up the facts or continue to be exposed as just another DoJ paid blogger…
You don't want to know anything unless it agrees with your ignorant extremist fringe whether you're on the far left or far right. You're just another angry, lonesome loser who tries hard to insult anyone who doesn't agree with you.
You can huff and puff all year if you want, you don't scare me. In fact, you bore me with your strident negativity.
Club NFL got sacked and Unfortunately arrogance prevailed and a racial profiling.and Lying on the wrong side of the issue of racism. “Lead by Black leaders Jesse Jackson, Al Sharpton shows how the civil-rights establishment has made a lucrative career out of keeping racial strife alive in America”
Rush Limbaugh made a comment about Donovan McNabb but the fact is some players get to the big dance and can't get it done. does that make Rush right McNabb, Barkley, Stockton got there and still ringless
Yes Rush sue there azz's off
Hey Missy, look up the definition of the word word 'inane' and then apply it to what you wrote to me above. That is, if you want to discover anything in life.
Lucy my dear, you still have not presented one fact.
Not one.
You also need to get some new talking points that don't include “ignorant”, “extremist”, “angry”.
BTW, I didn't ask you to agree with me. I asked you to back up your personal attacks and prove that my accustaion of you being a LIAR is not correct.
You cannot do that. Reality is on display here for all to see…a perfect reflection of the current administration…empty, vaccuous, pretenders.
Funny thing for those who know me well, 'angry' and 'ignorant' are pretty funny charges…the only ignorance I see here is yours.
note to DoJ: if this is what you are spending my tax money on, at least do a better job of vetting your plants.
I tried to get to Forex, but the Website had been shut dowm by the SEC.
Nothing to do with your comment 50/50, but the juxtaposition of Al Sharpton, Jesse Jackson, Black, and Leaders made me feel sad for African-, Black-, and Afro-Americans, whatever the prefix. Perhaps we should think of “White Leaders” that are of the same “quality?”
I submit, for your consideration, Al Gore, Jimmy Carter, Matt Damon, Sean Penn, and Al Franken.
Whether Mr. Limbaugh is a “racist” or not is totally irrelevant. What is the objective definition of a “racist”? There is none, except opinions, which are like you know whats, everyone has one. Even assuming someone is a racist, by anyone's defintion, does not mean they have broken any law. Now, if you want to say that he did, A, B, & C, and therefore violated section 1983, or some other civil rights statute that is another issue.
The restrictions placed on lawsuits by “public figures” concerned suits for libel, in the context of suing a news organization. What we may have here is an intentional interference with a contractural relationship, which is quite a different matter. The issue would not so much the truth or falsity of what was said/printed, but was that done, and channeled in such a way, that the “intent” was to sabotage a contract. Whether Mr. Limbaugh “should” sue or not, however, can only be determined by Mr. Limbaugh, it was his money.
dr. sowell,
i am amazed, and disgusted to hear that you were ever accused of “racism”. i have followed your writing on line for some time and find you to be a wise and intelligent man, worthy of my respect, which i do not give cheaply. i firmly agree with your remarks about rush limbaugh, while i am not a fervent fan of his show he speaks the truth as he finds it, and i have never heard him make the sort of scurrilous remarks attributed to him by his attackers. thank you for standing up for rush.
The question is not whether to sue or not, it is whether you can afford it. One of the greatest weaknesses of the conservative movement has been its abject failure to provide legal assistance to those who need it in confronting attacks from the Left and their Islamic allies.
I know this from personnel experience during a journalism career that stretches almost 40 years. I was threatened by a member of Liberty Lobby, a PLO operative, and the communists. My replies included “Do you want to hear the tape?”, “Go ahead, here's my card (and I'm going to subpoena the FBI surveillance file on you)” and something that can't be printed here.
However, there were times when I could have used an attorney (I was assaulted by the Socialist Workers Party at a conference and the campus police and DC police refused to do anything).
The same goes for those of us who stood face to face with communist rioters in the 60's and 70's. Lawyers on the scene would have greatly helped us to destroy several communist parties by exposing them as violent psychopaths.
The same goes now for campus events where communists and jihadists physically attack speakers and participants, while the university police only remove the speaker for his safety instead of arresting the criminal attackers.
Lawyers on the scene, with cameras and video-cameras would break the back of these barbarians in a few months. Alas, these attorneys are no where to be seen. Why?
Rush needs to sue everyone and anyone who libeled or slandered him. This includes identifiable bloggers, websites, columnists, radio talking heads or guests, editorial writers, reporters, and especially Jesse Jackson and his evil twin, Al Sharpton.
Any win here would put the Left on notice that this is war, that we take it seriously, and that we are out to win, taking no prisoners.
Anything less is a loss and we cannot afford to lose. Time is getting short before the full onslaught of Obama and his marxist minions is unleased.
The best defense is a good offense, and suing is the one major weapon we have left.
My dear Lucy
I believe the “you” you are speaking about is yourself. YOU are the one who is ignorant, extreme, angry, and lonesome. The liberals have the majority in both houses, a liberal is in the White House and yet…they still cry and whine and write the EXACT same things you write. Why is it when someone with an opinion different from yours, instead of a discussion, you resort to character assassination? I'm really trying to understand you but I just don't. And I don't believe anyone is trying to “scare” you. Where did THAT come from? Unless the truth scares you and it shouldn't. It should liberate you. I can only see where people who are disagreeing with you are asking for FACTS and since you can't supply them, you go on the defensive like they are PERSONALLY attacking you..which they aren't. I guess I should be happy that you are even READING columns like the ones here…maybe there is hope for you.
I have not listened to Rush in a few years because I am busy and his show is on when I am working. Whenever I listened to him his focus was analyzing the inside game of Washington. Has he said 'racist' statements? I don't know. He may be a racist but he is too clever to say racist things in public. I'm looking for examples of any racists things that he has said. If I don't see quotes from him then I would take it as if he has never vocalized a racist statement.
Rush should sue the life right out of them.Those people have NO roght to be breathing the same air that I am breathing. He should sue the living daylights out of them show NO mercy
Walking a thin line of “being a racist” or to validate one's self of not “being a racist” makes for strange bedfellows and draws “bad karma” towards one's self.
moral of the story……steer clear of race.