| Posted: 28 September 2008 at 3:19am | IP Logged | 3
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" it is a bluff and one that will certainly be called since if an ad is effectively banned by these people it will become a huge story and the ad will be played hundreds of times for free."
Um, if an ad is succesfully prosecuted as libel, then any broadcasting organization that ran the ad would be guilty of knowingly spreading libelous statements about the candidate. They would have to have a context that made it absolutely clear that the ad was a lie in order to show it.
Oh, sure, as long as the ad is not proven to be libelous, they might get away with it, but if it is, then any news media or broadcaster that aired it might be on the hook for libel charges as well. Depending on how fine a line they tread. They certainly can't claim that they were ignorant of the possibility that it was libel.
Some of what I've heard about in these "ads" is so obviously over the line that it's ridiculous. Now, Obama (or his legal representatives) have every right to prosecute those who make libelous ads. Once a libelous ad has been aired, it is appropriate to send cease and desist notices, at the same time as they file their legal claims (but only if a legal claim is being made.) If only to make sure that the companies that might broadcast the ads are made aware of their legal exposure to a similar libel suit.
The way a libel suit works is that Obama has to provide a statement under oath that the claims being made against him are false. Just like the people who are responsible for the ads must make assertions under oath that the claims are true.
(Remember how Al Franken called Bill O'Reilly a liar, O'Reilly got all huffy and swore to sue him for libel and the Judge laughed the case out of court when O'Reilly refused to make the required assertion under oath that he hadn't lied about the matter in question? I'd think if the claims made against Obama were even remotely credible the GOP would be salivating at the thought of Obama or his handlers wimping out in front of a judge and refusing to swear under oath that this crap was a lie).
If the ads are libelous, then they should be prosecuted and taken off the air. Libel is not protected speech, and it has no place in a presidential campaign or anywhere else.
What you have to remember is just how risky this is for Obama. If he asserts the falsehood of these claims under oath (and if the claims are made against him personally, then he personally has to assert their falsehood.) and they are found to be true, he is at risk for perjury charges and his opponent and the news media can repeat the accusations freely as established fact.
There is no upside for Obama in making libel claims in a court of law against these ads unless they are in fact libelous.
Edited by Knut Robert Knutsen on 28 September 2008 at 3:26am
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