Wednesday, July 14, 2004

O'Reilly Is An Asshole Watch

Been away from this one too long. (Actually my gym schedule makes O'Reilly viewing difficult. Not that that's so bad.)

The "Talking Points Memo" last night argued that George W. Bush and Halle Berry should sue Jadakiss for "slander." I shouldn't even bother pointing out that one sues for libel, not slander. What did Jadakiss do that was actionable? In a song put out by French distributor Vivendi ("Of course, talking points is boycotting Vivendi and all other French corporations"), Jadakiss asked something about "why Bush brought down those towers" and also why Halle Berry had to "pop a white man" in order to win an Oscar?

O'Reilly might very well understand that there's absolutely no basis for a libel suit here. No one could possibly believe that Jada's lyrics will create a public impression that Mr. Bush was behind the WTC attacks, and there's nothing inaccurate, let alone, libelous, about pointing out that Halle Berry did, in fact, have on-screen sex with a white man before winning her Oscar. I don't find it objectionable that she did, nor do I wonder about Bush bringing down the towers, but Jadakiss is entitled to his opinion---that is, unless O'Reilly has his way and libel laws are changed to make it much easier for plaintiffs to win judgements. Maybe somebody's panties are in a bunch about that whole humiliating episode when "fair and balanced" was claimed as a trademark.

Well, there you have it. Think for a moment about how stringent libel laws would have to be in order Jadakiss's lyrics to be actionable. Even beneath the veneer of artistic license, it would be potentially libelous to make unflattering remarks about anyone; so just forget about the ability of journalists to criticize public figures.

Try out this syllogism: Bill O'Reilly hates freedom of speech. Bill O'Reilly hates freedom of the press. Freedom of speech and freedom of the press are among the founding principles of the USA. If someone hates the founding principles of the USA, then that person hates the USA. Bill O'Reilly hates America, QED.

Oh and for those keeping score: objecting in slightly coarse language to Halle Berry having staged sex with Billy Bob Thornton---libelous; telling viewers likely to believe anything they hear from you that Eric Alterman is a confidant of Fidel Castro---not libelous.

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