Dick Strawkins wrote:I've been reading various messageboards on the skeptical blogosphere regarding the likelihood that PZ's accusations against Shermer constitute libel and it's just making me more confused.
There seems to be two serious groups of people arguing the point (let's ignore the pharyngulite horde who are just true believers in whatever Big Blogger writes)
Group 1.
PZ published a de facto libel against Shermer - an accusation that Shermer is a serial rapist.
He doesn't have any mitigating factors (save the unlikely chance that the charge can be proven true.)
He will lose big.
Group 2.
PZ is in the clear because he had a sincere belief that the accuser was telling the truth, and he simply passed on the words of the actual accuser. Therefore he did not commit a libel against Shermer.
Now to me I am having a great difficulty in accepting that the arguments of group 2 will stand up in court, for the simple reason that these kind of allegations almost NEVER appear in serious news publications. Given the drama of making such accusations, they would be prime sources of publicity for print news media, tabloids, internet news sites etc.
Why aren't the news sites filled with such salacious gossip (such and such hollywood star or politician is a serial rapist, child molestor or murderer)
Sure, if police are involved and an arrest is made THEN the stories suddenly come out, but not beforehand.
This factor leaves me with the impression that the argument of group 2 does not correspond with the law as understood by journalists.
This won't be the trial order as Shermer is plaintiff and controls some aspects while Myers, as defendant, controls others.
1. Accusations of rape are
per se defamation. That is, Shermer, barring Myers has actual, credible proof of Shermer raping a woman, has lost the per se phase of defamation. Failing proof of rape, we go to Stage 2:
2. Myers puts on a 'public person' defense. That is, Shermer is a Public Person or Limited Public Person and must prove malice OR reckless disregard to its truth. Shermer will have to go with reckless disregard unless Myers left a smoking gun of malice in his back-channel. Also, Myers does have a history of being a malicious turd, but I don't how much that will play into the actual malice standard.
3, Damages. Those will have to be demonstrated and can include punative as well as actual damages.
4. Complications. Myers will use inapplicable or novel defense stratagies such as Innocent Dissemination. Juries can get confused and loud-mouthed, biased jurors can sway the vote to either direction.
5. Collections. It can take time. Twana Bradley, the lying girl who claimed she was raped by Steven Pagones has finally been found and her wages garnished. Bradley made these charges in 1987. Pagones got his first garnishment check of $627 in early August or so.