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Bill O'Reilly Defamed Me

by: dhonig

Wed Aug 15, 2007 at 14:06:28 PM PDT



(I disagree -- this SHOULD be front paged, DESPITE the noxious sight of O'Reilly's grotesque visage.

As I said in the comments below, leave it to someone of his ilk to take a comment COMPLETELY out of context, ignoring the OBVIOUS sarcasm... f


Me!  I'm not anybody at all, and still the [insert derogatory term of your choosing here] managed to defame me.

Exactly and perfectly wrong.  Perhaps even worse, intentionally and knowingly wrong.  Flip on over to see why.

Note- not front-paged because who wants O'Reilly's mug on the front of their blog?




dhonig :: Bill O'Reilly Defamed Me




The quote comes from a diary I wrote back in February, Holocaust Denial, Anti-Semitism, and other Daily Kos HATE Meta

Ever since the 2006 Lebanon war, anti-Semitism became a significant topic, particularly in the I/P debates.  People on one side of the debate cried "anti-Semitism," and people on the other side (in my personal opinion far more) inserted prophylactic demands "don't call me an anti-Semite but ...."  It got so heated that I decided to write a diary, ultimately several of them, to distinguish between criticism of Israel, even criticism with which I vehemently disagreed, and actual anti-Semitism.  This particular diary was a response to claims that people were too quick to make the anti-Semitism accusation, and that there really wasn't any on Daily Kos.  Rather, the theory went, there was just legitimate criticism of Israel, and Israel's supporters were trying to shut it down with false accusations.
Okay, let's go straight to the money quote, shall we?

If Jews love the US so much- how come their #'s in the US military are dismal?  Instead of selling ones soul to be diamond brokers, investment bankers

Did I write that?  Nope.  Actually, that was one of the hateful quotes I was criticizing.  It is, of course, also worth noting that it was troll-rating into oblivion, 0 to 15.  The whole quote was:

  JEWS TOO GOOD FOR US MILITARY (0+ / 15-)

  If Jews love the US so much- how come their #'s in the US military are dismal?  Instead of selling ones soul to be diamond brokers, investment bankers, doctors, and entertainment smucks (on borrowed grants/loans for tuition) perhaps the US should be like Israel and require some military service. Now this goes for every spoiled Northeast brat as well.  Daily Kos bitching would be a little more germane if the bitches could fire an M-16 or take an order ot two.  Everyone is a chief in Kos with no good answers.

  by PEARSAYS on Mon Jul 17, 2006 at 08:26:30 PM PST

and my response was:

Was there some kind of contest to see how many stereotypes could fit in one paragraph?

Now it is important to note that I post under my own name, not a pseudonym.  I think it is probably also worth noting that I am a litigator, and licensed to practice law in three states and many federal jurisdictions, including Courts of Appeal and the Supreme Court.  Not only is the O'Reilly broadcast defamatory, but I actually have the skills and wherewithal to do something about it.  Whether I will or not is a different story, and one worth thinking about it.

This whole folderol has me wondering, rather guiltily, whether O'Reilly's whole attack meme against us comes from my diaries decrying anti-Semitism on Daily Kos.  Don't get me wrong- I'm not apologizing.  In a tiny and mostly troll-blasted minority, it actually exists here.  And there are a couple of posters who have somehow retained posting privileges.  Further, the diaries I wrote were warning this would come to pass.  But the really weird thing is, if O'Reilly's producers were relying on Holocaust Denial, Anti-Semitism, and other Daily Kos HATE Meta, Black Men Got Lynched Because They ..., or Dog Whistles: An Anti-Semitism Primer, or my cartoon:

they would have seen that I was NOT anti-Semitic, but in fact the opposite. 

I have, as you might have expected, already requested a retraction.  I'm not holding my breath.  The next demand will go out on letterhead.

So what do you think?  Do I blog about this and then let it slide?  Do I cough up the filing fee to bring an action?  Even worse, what do I do if O'Reilly invites me on, since my own writings demonstrate the existence of a few anti-Semites on Daily Kos (his own theme), but I am quite clearly a defender of the site and not a supporter of his lies?  Given a chance, I would clearly state that these are aberrations, trolled into oblivion whenever they pop up.

What would you do?




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Bill O'Reilly Defamed Me | 47 comments
Tip Jar (10.87 / 30)
because BlogMother says so.

Now THAT is fucking hilarious. (7.88 / 8)

Leave it to someone of his ilk to take a comment COMPLETELY out of context, ignoring the OBVIOUS sarcasm... from a JEWISH POSTER.

bwahahahahahaha

--7.88, --6.56      If I can't rant, I don't want to be part of your revolution.


[ Parent ]
What I love (10.00 / 2)
is that O'Reilly is guilty of exactly what he accuses David Gregory of. He accuses Gregory of not knowing what was being said at DK, and it turns out that O'Reilly doesn't even have a clue as to how the site works.

Douchebag.

Sue his fucking ass. 

Add his producer and Rupert Murdoch to the complaint.

And ask for $25 billion in damages.

That'll get their attention.

In loving memory: Sophie, June 1, 1993-January 17, 2005. My huckleberry friend.


[ Parent ]
Six Million (6.60 / 5)
dollars seems like the right number to me, don't you think?

[ Parent ]
Six Million is symbolic (0.00 / 0)
but the symbolism is lost on them, and it's pocket change. The attorneys fees will be six million.

$25 billion gets everyone's attention.

In loving memory: Sophie, June 1, 1993-January 17, 2005. My huckleberry friend.


[ Parent ]
My other thought was (6.00 / 1)
18, but that would be lost on damn near everybody.



[ Parent ]
dhonig posted hidden comments (0.00 / 0)
People have been banned for much less (you come to mind) Its a posted Rule...

One his side repeatedly got away with. Hummmmm

Oh that Right Hunter was only after the pro-Palestinian side... because are you ready They were "more organized in their manipulation " unlike the multi-million dollars poured into GIYUS TalkBack...

Read dKos Fellow Hunters Racist rant.
http://www.dailykos....
but today it ok to hate Arabs... Rudy and Hillary have the same policy regarding Israel. As an Israeli/American I am worried, the world will not sit back forever and let Israel continue to Brutalize a whole people for the Sins of a Few...

There will be a reckoning and I fear for Jews world wide when It happens...
Yes I am a Jew. 


Photobucket"Money?"


[ Parent ]
Maybe try to get press to pick it up (7.00 / 3)
as an example of O'Reilly lying. As long as it's clear that anyone can post anything and this quote was roundly condemned by the community.

A few examples of anti-Semitic remarks by guests on O'Reilly's show would probably also help make the point about guilt by association.

Very sorry you got smeared though, what utter bullshit. 


And yeah, defintely ask a lawyer (9.00 / 1)
if you've got a good chance to win a case against them.

[ Parent ]
Sorry, I mean a lawyer (0.00 / 0)
who specializes in this sort of stuff, assuming you don't.

[ Parent ]
Okay, hang on a second (8.17 / 6)
Me: hey, dhonig, you think I've got a case?

dhonig"  Yup.

Me: okey dokey.

Okay, I think I've got one.

Really, this is the sort of accusation that does not require proof of damages to get to punitives.


[ Parent ]
dhonig, (9.00 / 1)

Please email me re: suing O'Reilly; I have a few ideas you might want to hear.

--7.88, --6.56      If I can't rant, I don't want to be part of your revolution.

[ Parent ]
Need an attorney in California? (0.00 / 0)


I shouldn't (0.00 / 0)
it's aired nation-wide.

[ Parent ]
That was a joke. (9.14 / 7)
And, yes, I'd definitely file.  You are not a public figure, it is defamatory, and even if you were a public figure it looks like "actual malice." 

Personally, I'd not only file, I'd take it to trial if you can either (1) prove damages or (2) establish its slander per se.  Otherwise, I'd settle for the apology and maybe some air time.

I would prefer trial because it would further the liberal cause.  You'd get the opportunity to depose him and his evil cohorts at Fox on their research methods and agenda (giving fuel to the fire that its a partisan hack shop), you'd get to destroy him on cross, and you'd get a judgment that could help ruin his credibility.

And you know what, if you file, Fox will beg you to accept an apology.  And, you're right, you might be able to leverage time on Bill O's show if that's what you want.  I wouldn't do that, I'd rather have the discovery and the judgment.

But, one thing I wouldn't do is represent myself.  If I were you I would hire an attorney in your locality (where I'd file, dragging Bill O to your city and county for depos and trial), because everyone knows that an attorney who represents himself has a fool for a client and proceeding pro per just makes you look like a wack job.

And if I were your attorney, I'd tell you stop musing about this on blogs right now!


[ Parent ]
Agreed (0.00 / 0)
But I understand if you decline to file.

Not everyone has stomach to take on O' Liely


[ Parent ]
Go for it (9.00 / 3)
I say take the fucker to court. Don't let that shit slide. Honestly, he gets away with so much bullshit already and SO many people believe he preaches the truth. It's disgusting and you shouldn't let it stand.

Just my 2¢.


Just wow (9.00 / 4)
of all the blog posts on all the blogs in all the world, he had walk into yours.

He apparently did quote from your diary, which I'm sure you attributed to the actual poster of the comment. Is it a defense that those words did actually come from your diary? Is there any defense for it being taken so far out of context? Are intent or malice required for defamation? Do a retraction and/or an apology mitigate damages?

Go for it, if there's any reasonable shot at success. At least you can afford the legal fees. Probably more than a few pro-bono volunteers for second chair too.

to bigotry no sanction, to persecution no assistance .  G. Washington


At the very least (9.00 / 3)
there might be some sympathetic media outlets (ahem, Olbermann) who would jump at a chance to once again show O'Reilly as the fact-spurning fool he is. 


Here's what I'd do (9.00 / 1)
I'd go find a lawyer. I would have that lawyer write Faux News a letter, pointing out that you never made that comment, along with supporting evidence that other O'Reilly accusations are inaccurate (for instance, his characterization of Daily Kos as a hate site). I'd have ct see if he can pull together the server logs for the days that post was active to make sure they're consistent with your posting activity. I'd take depositions stating that the 0/15 means that the posters on the site found the comment inappropriate. I'd use the letter as a cudgel to get a retraction and apology from O'Reilly, and if (as is likely) he doesn't reply or digs himself in deeper, I'd sue for defamation, slander and anything else your high-priced lawyer could put together. I'd publicize the letter hither and yon. I'd put up a website pointing out the evidence and let people judge for themselves. And I would continue to press the case to a jury trial and never, ever, settle.

Of course that's easy for me to say. It's not my life and it's not my money. But it seems like O'Reilly is never going to stop his campaign of lies and slander until he is finally brought down, and since hitting him in the pocketbook seems to be the only thing he understands, that's where to hit him.

IMPORTANT: I'm not a lawyer, and I'm not giving legal advice. I'm just this guy who reads a lot of blogs and hasn't posted here much for a long time. But I'm also tired of O'Reilly getting away with his lies with impunity.

My weblog has stories in it.
The Republicans' problem is, the 90% of them that are corrupt give the rest a bad name.


If it won't hurt your case (6.00 / 3)
inform Keith Olbermann, he'll have a ball with it...





"Fascism is attracting the dregs of humanity- people with a slovenly biography - sadists, mental freaks, traitors." - ILYA EHRENBURG


Dhoing was outed (0.00 / 0)
by KO today :0)Well, not outed but mentioned. He was pretty good



[ Parent ]
Come to think of it... (7.00 / 1)
This diary provides a pretty interesting counterpoint for this site, coming as it does right after the FLH brouhaha.  Are endless libels to be tolerated in one case, while a single (though far louder) false insinuation is condemned in another?  And, just to be clear, I do condemn what O'Reilly did.

Disclaimer (against claims of Kos-shilling): if I haven't yet made it clear, I really dislike the Orange.


What a hoot! (9.00 / 1)
I say go for it.

I get up every morning determined to both change the world and have one hell of a good time. Sometimes this makes planning my day difficult. E. B. White

When (7.67 / 3)
you go on Olbermann, please remember to plug this site.  Maybe wear a MLW hat or something.

Oops - Carl Hiaasen said once (7.75 / 4)
( I'm paraphrasing, can't remember the exact quote)
that while it feels good to rant and rave at the crooks in power they usually expect that and take it in stride. What they really can't handle, what their poor egos cannot bear is being laughed at. I kills them, like pouring salt on a slug.

So sue the sorry lying puke if you think you can turn a profit and make a legal point, but either way attack him with your wit and your enormous talent for irony and humor and art.
You hold all the weapons.

Break out the salt man.

Bob Higgins

Bob Higgins Worldwide Sawdust


great suggestion... (6.00 / 2)
from BobHiggins.

Got me thinking, so I went to the Wikipedia and looked up Aikido.

Aikido emphasizes joining with an attack and redirecting the attacker's energy, as opposed to meeting force with force...

The techniques of aikido can, when applied judiciously, divert or immobilize rather than damage or kill. Ueshiba [founder of aikido] declared, "To control aggression without inflicting injury is the Art of Peace."

Good golly, if you could get enough people to LAUGH at Mr. Bill, he would melt into a puddle, just like the Wicked Witch of the West.

laughter makes you live longer


[ Parent ]
easy for me to say (9.00 / 1)
but bring action.

I thought you meant defamed you figuratively!

funny how O'Reilly says what other news show moderaters "ought" to know... if they read you diary at all it would not be hard to get right... though it probably shows their sloppy rush and lack of standards (understanding underschmanding)

-pyrrho-


What a nasty thing to have happen, dhonig!! (0.00 / 0)
Fight this as hard as you can!!  All the best of luck.

Ahhhh....Life goes on.

O' Lielly is a fuckwad (9.00 / 3)
trying only one thing: to make Americans FEAR getting information from the internet.

You must Be SOMEBODY OF NOTE, cuz, friend, you have been SWIFTBOATED.

How utterly ridiculous.  Quote me Bill, "You are a lying propagandist, a shill-whore of the worst society has to offer.


Tee hee hee (9.00 / 1)
what do I do if O'Reilly invites me on, since my own writings demonstrate the existence of a few anti-Semites on Daily Kos (his own theme), but I am quite clearly a defender of the site and not a supporter of his lies?

Kos brought this on himself, by his obtuse and biased site policies. With that said, I'd say the jerk that helps dems is better than the jerk that calls us terrorists. My advice is to tell O'Reilly to fuck off.

I hate Kos' policy of letting some trolls slide while baning others on a technicality. But it will be a cold day in hell when I support the attack on a democrat -even Kos or Lieberman - on O'Liely.


Turn It Around On Him (8.67 / 3)
Point out that only an anti-Semite would take a joke by a Jew quoted out of context as a serious post.

The 2007 Weblog Awards

Please explain to me (2.12 / 8)
what you believe an anti-Semite is?  Pearsays is an idiot who seems to know very little history.  I'm a bit baffled by your cartoon, however.  Are you saying, "Except for us....", because as I recall the "Jews" were small in number and not in every leadership role to be had in any of the movements you portray.  Or are you saying "We helped you out, so why are you turning on us?"  If that's the message then your answer is that  no one is turning on anyone.  People are tired of bush's war and they are tired of 60 years of I/P conflict. And, therein lies the problem, and please don't be offended, but some wonder why the world allows such a small group of people within the vastness of humanity to be so disruptive?  Would 7 million Armenians' be allowed to hold the world hostage for 60 years?  The rightwing  rhetoric of the militant zionists is growing old and tiresome.  But, being a lawyer you know all about rhetoric and how to argue all sides of an issue with no real conviction or with just enough to win , don't you? As for O'Reilly he's on your side, but he's too dumb to know it. I don't think your silly enough to trap yourself into admitting that on national TV or in court are you?  Peace 

Cognitive dissonance (6.00 / 1)
Earlier today you protested that you are not an anti-semite, and now you post this:

please don't be offended, but some wonder why the world allows such a small group of people within the vastness of humanity to be so disruptive?  Would 7 million Armenians' be allowed to hold the world hostage for 60 years?  The rightwing  rhetoric of the militant zionists is growing old and tiresome.

Get a clue.  And any dipshit that rated your comment "right the fuck on" needs to get a fucking clue, too.

In loving memory: Sophie, June 1, 1993-January 17, 2005. My huckleberry friend.


[ Parent ]
imhotep, (7.00 / 1)

Are you THAT immune to snark when you see it???

You should pardon the expression, but JESUS CHRIST~!

--7.88, --6.56      If I can't rant, I don't want to be part of your revolution.


[ Parent ]
One man's snark (3.00 / 1)
is another person's opportunity as Paul so willingly proved.  Peace

[ Parent ]
You could have put a woman in the Jew's place (0.00 / 0)
Or a gay man. Or we "extreme lefties".

The DLC was giddy about throwing gays under the bus to win elections. So was MarKos about shutting up women about abortion.

Truth is that our "liberal" brethren are not shy about throwing part of their constituency to the wolves. They all do it. Jews aren't alone at being betrayed by the rest of centrist  democrats.


[ Parent ]
Jews. Betrayed?? (0.00 / 0)
For what reason please?  And this comment was specific to those who were systematically targeted to be killed for political reasons.  I'm not sure that women or gays have had that done to them. They have been killed but only as an after-thought.  Peace

[ Parent ]
I Definitely Vote For Suing Him ... (9.50 / 2)
easy for me to say though because I'm not the one dealing with the hassle.

In the meantime, why not contact Media Matters about this? They'll have a field day with it.

Intrepid Liberal Journal


Sue the bastards - sue all of 'em. . . (8.75 / 4)
Sue Bill for being just plain stupid.  Sue the Fox News Channel for failure to exercise reasonable editorial control.  Sue the Fox Entertainment Group for broadcasting his lies.  And sue Rupert Murdoch and his News Corporation for actively soliciting this bullshit.

Most of all, bring in Olbermann, and Stewart, and Colbert, and Letterman, and Leno, and maybe get Katie Couric to do an expose on Fox News' total lack of a sense of irony.  I can see the headlines:

Bill-O rants about "truthiness" in the so-called "news" while slandering hard working, honest, trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, reverent and thoughtful leftie!  Claims that he placed his "journalistic ethics" in a blind trust when he signed a contract with Satan.

Too wordy for the Post?

Maybe you can throw in an injunction against Fox using the word "news" in any of its programming. 

True terror is to wake up one morning and discover that your high school class is running the country. ~Kurt Vonnegut


Bill O'Reilly is stupid?? (6.00 / 1)
Vicious is more like it, I think.

Ahhhh....Life goes on.

[ Parent ]
More defendants! (9.00 / 2)
I forgot some. Sue the cable companies and the satellite broadcasters, too! They may be more willing and able to put some pressure on Fox than all the corporate types who are used to public ridicule.

True terror is to wake up one morning and discover that your high school class is running the country. ~Kurt Vonnegut

Had I your resources, dhonig... (0.00 / 0)
I'd sue, and refuse any settlement offer with even a whisper of a gag-order/non-disclosure requirement in it.

The guy needs to be stopped and it seems that you have been chosen as one who can do so.

Oddly enough, it sounds as if Kos may have a case, too, if the right lawyer handled it. Who that might be I haven't a clue, but the Big B.O. sure seemed to be maliciously defaming the dkos site as well.

Anyway you choose I wish you your satisfaction.

-8.88/-7.08... Go ahead, accuse me again of being a rightwing conservative.


PLEASE TAKE ACTION HERE DHONIG (9.00 / 1)
if soley for those who have neither the resources nor the talent nor the training to do so and who are injured by his lies, his hate and his bullshit.

my mom has not said anything funny for a while now

I wouldn't sue unless (4.00 / 1)
I was fairly certain I could get past the defense's summary judgment motion on lack of damages. Any claim that your reputation has suffered actual damages appears to be very thin. I don't believe the piece will rise to the level of defamation per se. And, if you were to lose on summary judgment, you'd arm O'Reilly with the ability to claim that he was right about you and DailyKos all along.

If I can't touch myself, I don't want to be part of your revolution.

Bill O'Reilly Defamed Me | 47 comments


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