On Thu, 16 Mar 2000 14:18:55 -0500 "Charles Brown"
<CharlesB at CNCL.ci.detroit.mi.us> writes:
>
>
> >>> <JKSCHW at aol.com> 03/15/00 09:55PM >>>
>
> Right, but in the US, since the matter is one of public interest,
> this
> falsehood, which also had to be found to be damaging, would not be
> actionable
> unless LM was reckless,a high standard to meet. The upshot is that
> LM may be
> put out of business. Now I don't care for its views in the main,
> from what I
> have seen of them as posted here by JIm H., but I think that is a
> bad thing.
> It would shut down yet another more or less independent and perhaps
> cranky
> but anyway nonstandard perspective, incidentally transferring money
> to the
> press barons. Our constitutional law of libel makes this much harder
> to
> happen, and that is better.
>
> ***************
>
> CB: I agree with Justin. There is no doubt that Jim H. and I argue
> and disagree vigorously all of the time, but it seems to me that
> this attack on LM is as a Left organization and publication from the
> standpoint of the British ruling class. And on the NATO war on
> Yugoslavia, LM was on the Left, opposing the war, so even more
> clearly this is a British ruling class attack on the Left through
> LM.
>
> Can LM appeal the case ?
>From what I have heard LM has opted out of pursuing the case
through the apellate courts which would presumably cost it more
money while providing few guarantees that the judgement might
be overturned.
>
> England still has a monarchy, so we might not be surprised that it
> is more backward than the U.S. in some areas of bourgeois liberties.
> I think it is anglophilia that creates this vague notion that the
> Britain can't be less civilized than America in anyway.
Certainly not in the sphere of libel law in which in Britain is far worse than the US. As I recall a few years ago then PM John Major sued the New Statesman for libel. Apparently in Britain libel law is a tool for protecting the reputations of the whoever is in power at the time and as the LM case suggests it is now a shield for the megacorporations that are dominating the media against any sort of rude criticism.
Jim F.
>
> *************
>
> CB
>
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