ADVERTISEMENTS

Ophelia Benson has been making much of some commenter at Chris Mooney's and Sheril Kirshenbaum's blog, going by the 'nym "TB, stating that Benson was "lying" about Mooney and Kirshenbaum not having evidence for their assertions in their book. Benson has even demanded that the comments be removed by Mooney and Kirshenbaum and, in a different instance, Sheril apparently ... cough ... accommodated her.

In the United States, calling someone a liar is an expression of opinion protected by the Freedom of Speech clause of the First Amendment and does not, without more*, constitute defamation, unless the statement "implies the allegation of undisclosed defamatory fact as the basis for the opinion."** In other words, if the statement gives the basis for the person thinking the other party is a liar, so the hearers/readers can judge for themselves, calling the person a "liar" is a matter of opinion and not actionable. Here the commenter disclosed the basis of his claim and the statement is, therefore, opinion and not libel.

There are other elements of libel that Benson probably cannot meet. She needs to prove that she was financially damaged by being called a liar by an anonymous person in a comment section of a blog and, as an author engaged in a very public dispute with authors of another book on the same general topic as one of her own, she is, for all intents and purposes, a "public figure" and must prove "actual malice" in making the statement or "reckless disregard" for its truth or falsity. That is a very difficult burden to meet.

Of course, as always, truth is a perfect defense to defamation.

Benson "justifies" her outrage because she doesn't allow such charges to be made at her blog, not so much because it is wrong but because it might get her and co-blogger (who I gather lives in Britain) sued. It's certainly true that anyone living in Britain, where it is apparently libelous to say that chiropractic treatments are "bogus," needs to be careful in what one says or publishes. But I rather thought that the rationalist blogosphere considered that to be a bad thing. Surely Benson has no intention of becoming the British Chiropractic Association of the "New Atheist" movement ... in which case, it is hard to see why she feels justified in demanding the removal of these third-party comments from Mooney's and Kirshenbaum's blog.

More importantly, as part of a movement that claims the right and duty to engage in rhetorical combat to the death, with no holds barred, against religion and anyone who might give consideration to the feelings of religionists, it seems incongruous, to say the least, for Benson to suddenly get the vapors over being on the receiving end of some nasty rhetoric.

Is it really worse to be accused of lying than to be accused of being a "faitheist"?

_________________________________

* Calling someone a perjurer, since perjury is a crime, may automatically be defamation depending on the circumstances.

** From the Restatement Second of Torts, a kind of "model code" widely followed in the US.
.

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.