Libel Law Expert: Liz Cheney is Still Wrong About Libel

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Liz Cheney has already gotten some flak from this blog for claiming on live television that calling waterboarding and other “enhanced interrogation techniques” torture is “frankly libelous.” Now Mother Jones‘ own legal adviser, James Chadwick, has decided to drop some knowledge. Here’s what he says:

Liz Cheney’s been reading too much George Orwell and not enough first amendment. You can’t libel the government, and statements of opinion can’t be libelous. I think Liz Cheney would be particularly interested in defending the idea that what constitutes torture is a matter of opinion because if not, her father might be in a lot of trouble. She’s not talking about specific allegations about specific people. She’s talking about people saying what the US government did… was torture.

One of the reasons the founding fathers established the first amendment was to do away with the idea of seditious libel – libeling the king. You cannot be sued for saying bad things about the government, period.

If you do talk about specific individuals sanctioning torture, then all those individuals are unquestionably public figures, which requires the highest standard of proof that there is in civil law. “Clear and convincing evidence of actual knowledge of falsity, a reckless disregard of the truth.” I don’t think anyone can say it’s actionable to call waterboarding torture.

Bottom line: Liz Cheney doesn’t know what the heck she’s talking about.

HERE ARE THE FACTS:

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ONE MORE QUICK THING:

Our fall fundraising drive is off to a rough start, and we very much need to raise $250,000 in the next couple of weeks. If you value the journalism you get from Mother Jones, please help us do it with a donation today.

As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

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