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'Esquire lied' to defend false story that harmed WND
Publishers' court briefs claim article was tagged as 'humor'
WND
3/1/2013
Excerpt:
Esquire magazine and its publisher, Hearst, lied to federal courts in their defense of a blog post falsely reporting that WND’s book on President Obama’s constitutional eligibility for office was being scrapped, charges attorney Larry Klayman.
WND, represented by Klayman, is appealing a decision last June by Judge Rosemary Collyer of the U.S. District Court in D.C. to grant Esquire’s motion to dismiss the case based on D.C.’s anti-SLAPP law, which protects media and public figures from frivolous lawsuits regarding their First Amendment rights.
WND’s $250 million defamation suit seeks damages for a May 18, 2011, report on Esquire’s website by Executive Editor Mark Warren that falsely claimed the WND Books exposé “Where’s the Birth Certificate? The Case That Barack Obama Is Not Eligible To Be President” by Jerome Corsi had been recalled and repudiated by publisher WND Books and its CEO, Joseph Farah.
The suit argues the article is not protected by the First Amendment because its publication caused real damage by defaming WND and suppressing book sales.
Klayman has filed a motion with the D.C. Circuit federal appeals court to throw out Esquire’s pleadings and end the case in WND’s favor. He notes that Esquire, in its briefs to the lower court in D.C. and now to the appeals court, claims the blog post had “tags” that would indicate to readers that its article was satirical and not a serious news story.
But Klayman contends the original article, which prompted a flood of response to WND by concerned readers and other media who took it seriously, had no such tags.
He has submitted to the court screen shots of the article taken the day it was published accompanied by an affidavit from Farah testifying there were no tags.
Since the article was published, Esquire has inserted below it a list of hyperlinked “tags,” or related article categories. The list in small, faint type consists of key words and phrases, including “Where’s the Birth Certificate,” “Jerome Corsi,” “Birthers” and “Humor.”
“They lied about what was originally published,” Klayman told WND. “They lied to the lower court, and now they’ve lied to the appellate court.”
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View the complete article at:
http://mobile.wnd.com/2013/03/esquir...at-harmed-wnd/
Publishers' court briefs claim article was tagged as 'humor'
WND
3/1/2013
Excerpt:
Esquire magazine and its publisher, Hearst, lied to federal courts in their defense of a blog post falsely reporting that WND’s book on President Obama’s constitutional eligibility for office was being scrapped, charges attorney Larry Klayman.
WND, represented by Klayman, is appealing a decision last June by Judge Rosemary Collyer of the U.S. District Court in D.C. to grant Esquire’s motion to dismiss the case based on D.C.’s anti-SLAPP law, which protects media and public figures from frivolous lawsuits regarding their First Amendment rights.
WND’s $250 million defamation suit seeks damages for a May 18, 2011, report on Esquire’s website by Executive Editor Mark Warren that falsely claimed the WND Books exposé “Where’s the Birth Certificate? The Case That Barack Obama Is Not Eligible To Be President” by Jerome Corsi had been recalled and repudiated by publisher WND Books and its CEO, Joseph Farah.
The suit argues the article is not protected by the First Amendment because its publication caused real damage by defaming WND and suppressing book sales.
Klayman has filed a motion with the D.C. Circuit federal appeals court to throw out Esquire’s pleadings and end the case in WND’s favor. He notes that Esquire, in its briefs to the lower court in D.C. and now to the appeals court, claims the blog post had “tags” that would indicate to readers that its article was satirical and not a serious news story.
But Klayman contends the original article, which prompted a flood of response to WND by concerned readers and other media who took it seriously, had no such tags.
He has submitted to the court screen shots of the article taken the day it was published accompanied by an affidavit from Farah testifying there were no tags.
Since the article was published, Esquire has inserted below it a list of hyperlinked “tags,” or related article categories. The list in small, faint type consists of key words and phrases, including “Where’s the Birth Certificate,” “Jerome Corsi,” “Birthers” and “Humor.”
“They lied about what was originally published,” Klayman told WND. “They lied to the lower court, and now they’ve lied to the appellate court.”
..........................................
View the complete article at:
http://mobile.wnd.com/2013/03/esquir...at-harmed-wnd/