Mark Levin is one of America’s preeminent conservative commentators and constitutional lawyers. Levin has served as a top advisor to several members of President Ronald Reagan’s Cabinet – including as Chief of Staff to the Attorney General of the United States. In 2001, the American Conservative Union named Levin the recipient of the prestigious Ronald Reagan Award. He currently practices law in the private sector, heading up the prestigious Landmark Legal Foundation in Washington DC.
Mark made these comments on his show after Chris Matthews chose to malign him on Hardball on MSNBC. I would like nothing better than to see some lawsuits for libel filed. I wrote to Mark on his Facebook page to ask him to look into filing something on behalf of ordinary American citizens who have aligned themselves with the Tea Party movement. We, in effect, have been accused of being accessory to a murder in Tuscon, Arizona. They can’t do that and yet they do continue to, on and on and on to lie about the Tea Party.
I am going to post at the bottom the results of some research I did previously about the libel laws and defamation of character. I think we have a good case. Because when they attack the Tea Party, they are actually attacking American citizens who have practiced their First Amendment right to assemble, and when they attack talk radio, they are actually attacking those who listen to talk radio.
So he can sue on his own behalf or he can sue on behalf of his listeners or the Tea Party (a collection of private citizens exercising their right to freedom of speech and peaceful assembly.)
And if anybody on the planet should sue them, it should be Sarah Palin.
But here is what Levin had to say the other day. God bless him. (See transcript on Newsbusters)
Quoting Noel Sheppard of Newsbusters
If these people now calling for civility actually want the rhetoric to be toned down, they should begin doing so in their own TV studios, radio booths, and pressrooms.
Failing that, they should stop pointing their hypocritical fingers at anyone else or be sued for libel.
Bravo, Mark. Bravo!”
Research on libel and defamation:
Defamation—also called calumny, vilification, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image.
Libel or slander must be:
- Communicated to someone else. [as in broadcasting on national tv day and night]
- Harmful to the reputation of the person (or group) the statement refers to [yes, harmful and hurtful, too]
- Malicious [and it goes without saying that it is malicious]
“”the falsity of the accusation is to be implied till the contrary is shown.”” 2 East, R. 436
“”Malice is in general to be presumed until the contrary be proved.””