I was looking for another article on the News & Record's Web site when I found this: one of the people running for chair of the state Republican party is suing a radio morning show host for defamation. The defaming statement? That the candidate is gay. The candidate says he isn't, and that the host forwarded a letter saying that he is - written by yet another GOP chair hopeful - to 93 county party chairs for distribution.
I have only a working knowledge of media law, and of course libel/slander laws vary from state to state. Basically (with help from the Media Law Resource Center), , defamation is any statement communicated to others that's both false and damaging to the reputation of the person being talked about. It has to be a "statement of fact" - hyperbole and satire don't count (lucky snarkologists like me!) - and has to actually harm the person's reputation, "as opposed to being merely insulting or offensive." For a public figure like a celebrity or a former mayor running for state-wide office, the standard is even higher. They "are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement."
Which brings me to my question... Is calling someone gay the same as telling people the person is a tax cheat, or that he beats his wife, or something else awful? See, I don't see being gay as anything for someone to be ashamed of. And if it's something that could actually keep a person from being elected in 2009, that's pretty sad. And it says a lot about the people doing the electing.
The News & Record reports that "Fetzer wrote to supporters May 22 that 'I am not gay — never have been — never will be. There is absolutely no evidence whatsoever to support any of the scurrilous allegations made in the anonymous attack on me.'" Scurrilous? Meaning "vulgar or evil"? Really?
Sheesh. No wonder these guys keep losing elections. Crawl on over to the 21st Century, folks.
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