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A typical letter from Dershowitz's attorney, Rory Millson of Cravath, Swaine & Moore, describes "the press' decision to publish this book" as "wholly illegitimate" and concludes that: "The only way to extricate yourself is immediately to terminate all professional contact with this full-time malicious defamer.
As much as editors liked the result (particularly when bloggers like Defamer linked to it), reporters in the field were tired and frustrated.
11) The actual malice standard, which was later extended to "public figure" plaintiffs, (12) required public officials to show that those who defamed them knew that what they printed was untrue, or that the defamer acted with reckless disregard for the truth.
For having the courage to speak out in 1971 against rampant wartime atrocities in Vietnam-his finest hour-John Kerry has been demonized as a traitor, a defamer of servicemen who is unfit to serve as Commander in Chief.
Defamation is just that, no matter the race of the defamer.
In her first meeting with Ruben, the anti-fascist Jewish hero strikes her as precisely the type of man the anti-Semitic Italian press would have vilified with epithets such as "the fugitive Ruben," "Ruben the defamer," and the "demoplutocratic Ruben" (19).
Unless the identity oil a web-based defamer is known, a plaintiff must ask the court for a subpoena to force an Internet service provider (ISP) or website host to reveal the identity of the individual responsible.
For example, in his dissent to Bose, Justice Rehnquist, joined by Justice O'Connor, argued strongly that the finding of actual malice is the determination of the actual state of mind of the alleged defamer, and therefore involves historical and credibility determinations that are in the special competence of the jury.