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Old June 1, 2017, 08:37 PM   #5
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 8,763
Eugene Volokh comments on this over at the Volokh Conspiracy. He doesn't think it is libelous because it doesn't hold anyone up for shame or disgrace or ridicule in the legal sense. He disagrees with the judge that VCDL practiced sophistry because:
Hawes’s response — that there are laws banning felons from possessing guns — is most certainly an “answer [to the] query about how to stop the wrong people from getting guns without background checks.” In fact, it is the normal answer that our legal system usually gives. How do we stop people from robbing people? In large part, by having laws that punish robbery. How do we stop journalists from libeling people? In large part, by having laws that punish libel (though usually through civil liability rather than criminal liability).
I always thought the libel suit was a long shot but it served a purpose --- to make a larger number of people aware of the unethical journalism.
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