Submitted to a Candid World


Palin Threatens to Sue Bloggers, in Seeming Defiance of Settled Law
July 5, 2009, 11:15 am
Filed under: Politics | Tags: , ,

Soon-to-be ex-governor Sarah Palin has an interesting way of showing us the horrors of being victimized by drive-by pundits. Her plan? Victimize others, through her personal attorney:

To the extent several websites, most notably liberal Alaska blogger Shannyn Moore, are now claiming as ‘fact’ that Governor Palin resigned because she is ‘under federal investigation’ for embezzlement or other criminal wrongdoing, we will be exploring legal options this week to address such defamation. This is to provide notice to Ms. Moore, and those who re-publish the defamation, such as Huffington Post, MSNBC, the New York Times and The Washington Post, that the Palins will not allow them to propagate defamatory material without answering to this in a court of law.

I am continually amazed by Palin’s daily race to the bottom, and her need to pursue personal vendettas, no matter how trivial. But this one takes the cake. As her personal attorney Thomas Van Flein should know, defamation claims are notoriously difficult to make out under America’s liberal first amendment doctrine, requiring (1) knowledge of a statement’s falsity, and (2) actual malice. Neither reporting rumors as rumors nor parody are ever actionable. Hustler Magazine v. Falwell, 485 U.S. 46 (1988). If anyone has crossed a line it’s van Flein, for threatening a civil suit in bad faith. So take heart, Alaska bloggers: Palin’s bluster is just that.

It’s surprising, too, that Palin, who whined incessantly of “censorship” during the election, would so quickly and blatantly attempt to censor her critics, in direct contravention of American law. Let’s fight back. What rumors have you heard about Palin’s resignation? I heard that the following are all totally, totally real:

  • She’s actually a zombie. A Communist zombie.
  • She’s a Cylon “skin job” planning to steal the codes to our orbital defenses.
  • Remember the “witch doctor” that prayed over her at her church last year, to defend her from demons? Well, it didn’t take. Demons are making her resign.
  • She’s an Illuminatus bent on destroying Washington, D.C. with a magnetically-contained tube of antimatter.
  • She’s taking some time to “hike the Appalachian Trail.”

What else have you heard? Oh, and Mr. van Flein – call me!


7 Comments so far
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Ms. Palin’s attorney made a peculiar argument on which to threaten Americans’ free speech.

In fact, he subverted by means of argument the U.S. Constitution and its First Amendment guarantees to that of the Alaska state constitution, which he provided a link to and which says, “Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.”

Even a lightweight constitutional student knows the First Amendment trumps whatever rights a vague state constitutional phase implies – especially if it seeks to limit free expression guaranteed by the federal Constitution.

Attorneys do what they are paid to do, so I will assume this attorney isn’t that incompetent and knows exactly what he is doing.

Based upon that premise, I’m sure he knows that he will never win in court, but that a lawsuit from a woman earning a ridiculous $11 million from a book deal could bankrupt most bloggers – even if they are vindicated, which they would be — at least in federal court but maybe not in an Alaskan court.

Thus, do not view it as a meaningless threat, to be dispensed of because Ms. Palin could not prevail.

All of us who may disagree on all issues but that of free expression should realize that Ms. Palin has resorted to the worst form of sociopathetic censorship: omission based upon intimidation.

It’s a tactic resorted to by fascists.

In fact, it was initially used first by Mussolini and then by Hitler. Once they gained power, they then shut down free expression entirely.

Let that be a warning, America, and I say this as a person often identified as a “conservative.

The evil narcissistic genius at work here, to repeat, is that Ms. Palin does not have to prevail in a court of law because her hateful crusade against targeted critics would be accomplished if she could bankrupt those she hates the most.

This is the key point that some people may be missing.

Sure, bloggers can now resort to any inane allegation they want, but Ms. Palin has not threatened to sue all bloggers.

In fact, and again this is the evil genius at work, she only has to go after a few to satisfy her blood lust.

To her, it would be a blood sport to see her opponents groveling to stay out of bankruptcy, even though in the larger context she knows that she can never quell the hordes of critics or win in court.

She doesn’t have to. Again, lawsuits, even if they do not prevail, could have a chilling effect on dissent.

That is why I am writing this here, in an arena where I would usually be taken to task for my views.

Additionally, if Ms. Palin does not advocate Alaska’s independence from the United States, don’t her actions indict her words?

I mean, why else would you approve and/or allow an attorney’s statement that cites a STATE CONSTITUTION rather than the FEDERAL CONSTITUTION and the hordes of legal precedents guaranteeing free speech – even if it is offensive and defamatory?

Surely, Ms. Palin being a devoutly religious person knows it is not proper to lie about her husband’s membership in the Alaska Independence Party.

She, of course, didn’t want the McCain campaign to lie about that FACT when she blatantly made the untruthful statement that he meant to check “Independent,” did she?

Such deception is simply high-schoolish. It’s the stuff of simpletons, of amateurs. It’s also the stuff of liars. In this case, God-fearing liars.

For the conservative talking heads: No, I am not a “liberal.”

It’s just that I will not drink your poison nor will I listen to the talking points that so many of you all harped on ON THE SAME DAYS ON RADIO last week about your “rising star.”

There is nothing like marching orders called “talking points” is there? There is certainly no connection as to why these talk-show hosts marched in lock-step order by repeating key phrases the same day or the say week, is there?

Then why, on the same day, did so many seek to promote this “rising star”?

I believe in individual freedoms, including freedom of speech and the fact that this means some people will be irresponsible, say false things, etc. In fact, as an editor, I’ve often been a target. It’s part of life. Grow up and get used to it.

Therefore, I reject Ms. Palin’s fascist attempt to limit free speech.

Although I disagree with speech that seeks to defame through falsehood, under the First Amendment, if you are a public figure and/or official, you most likely will not prevail in a defamation suit once it reaches an appellate court, assuming it makes it there in the first place.

If you don’t believe me, look up “actual malice.”

Perhaps Ms. Palin and her hemlock drinkers do not know that in America — but maybe not in Alaska — Ms. Palin is not only public figure but a public official.

That means that in the United States — but maybe not in Alaska — whether it’s good or bad, true or false, just about anything can be said about you.

I must admit that I don’t understand why anyone would resort to making false statements about Ms. Palin, when so many statements that reveal her puerile character are there for all to see.

So as a future presidential wanna-be, one who should abide by our Constitution and who has criticized the current president for her allegation of him not doing the same, Ms. Palin has resorted to a crude attempt to blackmail – by prevention under the threat of litigation – people from exercising their free speech, not because she thinks she can prevail in terms of justice, but because it is enough for her to prevail by intimidation because she now has the purse to sue for the sake of suing, regardless of outcome.

She has become the ultimate demagogue.

Her attorney’s statement is the ultimate hyperbole.

Ms. Palin and her supporters have become what they say the despise most: hypocrites, liars and sycophants – the antitheses of devout and God-fearing people.

And, lastly, whatever happened to “turn the other cheek”, Ms. Palin?

Comment by Glenn Franco Simmons

I heard a rumour that Mrs. Palin was actually born in a secret underwater base on the seabed off the coast of Alaska outside US territorial waters. The WWF (which are of course just a front for the Bavarian Rosicrucians, everyone knows that) had discovered this fact through their network of trained penguin informants and threatened to publicise it if she did not step down, thus destroying her bid for the 2012 election.

With Palin’s resignation, nothing now stands in the way of the Rosicrucians’ attempts to control Alaska’s hidden resources of handwavium, which will practically guarantee success in their eventual bid at world domination. We’re probably all doomed.

Comment by lanfranc

Lan, I heard the EXACT same thing. I was concerned, so I called Governor Palin’s office, and she admitted it. She also made, without provocation, several other startling admissions. Apparently, before Todd, she was married to six goats. Mitt Romney performed the sacrament of the plural marriage, with the help of Neal Horsley. She went on to say she was planning to, with Rush Limbaugh, assassinate Zephram Cochrane, thus preventing humanity from ever attaining warp technology. She claims this nefarious plot was the Borg Queen’s (Bristol’s) idea.

Comment by ACG

I have now confirmed all of this with Anderson Cooper, Neal Conan, the Ghost of Edward R. Murrow, Sean Hannity, and Greta Van Susteren PERSONALLY.

Comment by ACG

I think lanfranc that you have sipped too much of the Independence Day tonic. LOL

Comment by Glenn Franco Simmons

[...] Submitted to a Candid World on Persecution Redux: Palin Still Doesn’t Get ItACG on Palin Threatens to Sue Bloggers, in Seeming Defiance of Settled LawACG on Palin Threatens to Sue Bloggers, in Seeming Defiance of Settled LawGlenn Franco Simmons [...]

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Perhaps “Country First” banner waving Palin should focus on Fox Spews,Lush Limbaugh,Rabid Ann Coulter,etc.She can make multi millions spewing propaganda.It’s called socialism for the rich.If she really wants to help her country,she can go back to SCHOOL,earn a REAL DEGREE,stop shopping for mega million book deals,apologize to the voters for spouting racial,terrorist rhetoric,educate her daughters re pregnancy,understand that abortion is between God and the person involved OR, contact the CONSERVATIVE U.S. Supreme Court re abortion and all of the conservative state supreme courts who have had the power to overturn Roe vs, Wade for 20 or more years and insist the “Publican” party stop using this disgraceful vote getting tactic.And finally,as a self proclaimed Christian,she should implore the “publican” party to stop using Jesus Christ as their poster boy to gain votes.

Comment by Pam




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