Kay Hagan has filed lawsuit against Liddy Dole.

[Chichiri]

http://www.cbsnews.com/stories/2008/10/30/politics/main4559455.shtml?tag=lowerContent;homeSectionBlock250


(AP) Democratic U.S. Senate candidate Kay Hagan filed a lawsuit Thursday against rival Elizabeth Dole, accusing the Republican incumbent of defamation and libel for running a television ad that questions Hagan's ties to an atheist political group.

Hagan filed a lawsuit in Wake County Superior Court after Dole declined to remove the ad from the air by a noon deadline.

"Each airing of the advertisement further injures (Hagan's) good name and reputation in the community," Hagan's attorneys wrote in the complaint.

[Tatiana]

1. MAN! That Kay Hagan is a force to be reckoned with. LOVE IT! n/t

[Ichingcarpenter]

2. Bearing false witness .... she nailed it in her commercial and now in court!

Bravo Kay!

[stopbush]

3. I know how Hagan feels. I'd feel the same way if someone accused me of being a Christian.

[always_saturday]

40. Ditto. I HATE that every single candidate is so rabidly Christian.

And that dems are just as likely as repugs to use "atheist" as a slur.

So Kay Hagan has lost a lot of my sympathy, since I am NOT Christian and resent her stance on us non-Christians.

[trueblue2007]

50. Bogus!! Hagan doesn't HAVE a stance on YOU non-christians.

You sound kinds slimey, and I wouldn't even "go" there.

[tekisui]

4. She is going to be a great Senator!

[Lex]

5. Good for Hagan!

You go!

[ShortnFiery]

6. It's not nice to cross Sunday School teachers for they demonstrate RIGHTEOUS anger.

;) Good for Hagen!

[GirlieQ]

7. Which is why I'm not giving her any money.

Maybe a better statement is that she meets with all of her constituents? Can we not have a politician who treats atheists like people, not some sort of toxin?

[Lex]

8. Hagan's saying *she's* not an atheist. I assume that is okay?

nt

[GirlieQ]

9. That's not what I've seen of the ad and it's fallout...

My understanding is that Dole has been talking up a meeting that Hagan had with an atheist group. I don't know how that would make Hagen an atheist, unless the implied message is that she caught something.

And why the 'defamation'? I understand that the atheist thing is a rather toxic issue, why shove a large segment of the population into the gutter to retain good relationships with dingbats who won't vote for someone who has talked to 'them atheists'?

Again, why not say that she meets with all of her constituents, no matter their creed, color, or whatever? She could even work in the church elder crap, saying that Jesus spoke to everyone, too.

[WCGreen]

14. Because it is a way to attack the ad on the front page and the lead

story on all the local news channels...

[Melinda]

17. Well your *understanding* is wrong. Facts:

Hagen never had a meeting with nor attended a fundraiser held by a group known as "Godless Americans", or any other "Godless" group. Again, no meeting, no fundraiser.

From this falsely alleged fundraiser, Liddy Dole extrapolates that Hagen is therefore "Godless" too.

Hagen is an Elder of her Church, a member in good standing of the Presbyterian community. By and through her ad, Liddy Dole is libeling Hagen's reputation in her immediate community, and her standing in the religious community at large.

The issue is libel.. lying about Hagen, period. Lies, not a belief system, or lack of one.

Again, the issue is not atheism, but if it were, then the person to question on the issue is Liddy Dole, not Kay Hagen... it is Dole that has tarnished those who choose not to believe in a deity and not the other way around.

The proper rebuttal to this ad is the one issued by Hagen (have you seen it?) and subsequent filing of this suit. I hope that Hagen has sought an immediate injunction as well.

[JBear]

45. The key to this suit is the last line of the ad...

where a female voice that eerily sounds like Hagen is saying almost in a protesting tone "There is no God." The assumption from all the preceding statements is that this is Hagen saying it and she believes it. That is the libel.

Liddy, Thou shalt not bear false witness....

:popcorn:

[libnnc]

11. She said that in her press conference

She said that she doesn't go around asking her supporters whether or not they go to church or which church they attend.

[catgirl]

12. I think you should be angry at Dole, not Hagan

The fact is, her lies are meant to hurt Hagan's campaign. Hagan is going after her
for lying and she hasn't made any knocks against atheists... Dole has.

[GirlieQ]

20. Oh, I've been disgusted by Dole for a while now.

That was pretty much a given. She started with the atheist slurs on the 22nd (or, at least that's when it was brought to my attention). My point is that I'm glad that I held off on sending money to Hagen. I was strongly considering it, but I'll probably just donate to Obama again. I think that a lot of the atheists, from all over the country, who already donated probably feel a bit miffed.

If Dole had accused Hagen of rubbing elbows with, say, Hispanics, and Hagen came back with a defamation of character lawsuit, do you think that the Hispanic community would be excited about her? Hagen may not have knocked us directly, but her lawsuit makes it reasonably clear that she doesn't want us around.

A little blurb about how she 'doesn't ask' which church, if any church her supporters go to is about as supportive as the military is with gay servicemen and women with their 'Don't ask, don't tell' program.

[catgirl]

46. I get your point

But there's the fine line with handling these accusations. Obama had to go through it too, with
the accusations that he is a Muslim. It's offensive to muslims. The real accusation is he's a
terrorrist, because he's a muslim. It should be offensive to anyone with half a brain.

In this case, the "Goddless", are in the camp of the "Anti-Christ". With only a few days left in
the campaign, it is a tricky problem. I don't like Hagan's response that christians don't do
that to other christians (it was something like that). I would rather have seen something like,
"I do believe in God, but I don't judge anyone for their religious beliefs...." Perhaps she would
have liked to respond that way, but there's that fine line. Many people in NC are church-goers.
Hopefully this subject (bigotry) will be addressed after the elections.

Personally, I am disgusted that religion is talked about so much in elections. It should be off-
limits altogether. I am agnostic (at best) and am sick of all the God talk and how it's implied
that being a christian is a major qualification to be a politician in this country.

[GirlieQ]

52. I liked the way Colin Powell came out about the Muslim 'smear'.

I couldn't believe that no one had done that earlier, but Powell did well on that.

I also hate all of the religious talk. There is no religious test required to be in office in America, so why do we all act like there is? There's a separation between church and state, so why do we act like a politician's faith will matter? Why do people even think that religion matters in politics? Politicians in our culture are considered to be totally corrupt, so why does it matter what religion they say they are?

I even would have been fine if Hagen had left it at 'bearing false witness' and how they should both, as Christians, be above it. I use Christian verses all the time with my parents to try to get them to behave like civilized folks. If they're not willing to come up with a moral code of their own, I'm glad that at least they espouse some moral code... But defamation of character? C'mon.

[Pacifist Patriot]

48. That was my initial thought until it occured to me that Dole is the one...

demonizing atheists by making it the focus of a character assassination. In this lawsuit isn't Hagan saying several things? 1) I'm not an atheist, which would merely be a statement of fact, so the campaign ad is incorrect. 2) That religion or non-religion is irrelevant to the race.

As an atheist my first take on it was, "oh great, she's perpetuating the demonization of atheists." But then I got to thinking about it and realized Dole carries the burden on this one.

Yes it would be fantastic if Hagan's response were an unequivocal, "so what if I were," but that is not going to force Dole's campaign to cease and desist. Much better to hurt them publicly and financially.

[salbi]

51. I don't think that's what she is doing, she's fighting back against lies

She is a Christian, that's something you don't have to agree with, but I think you should agree that it is wrong for Dole to lie about what her core beliefs are.

[DearAbby]

10. Why are atheists dirty? Less American?

this shit has to stop. Talking to an Atheist is somehow shameful, Ms Dole?

[stillcool]

13. good for her...

Dole should be forced to run an apology ad with the same exposure.

[Hardrada]

23. And give Christopher Hitchens a nice big hug!

[AspenRose]

15. Kay Hagan don't play!

Bwahahahahaha :rofl:

[tanyev]

16. BAM! That's how you do it.

[kwolf68]

18. Hagan...

Is ruling. Good on her.

[spanone]

19. good for her. dole is a pos.

[Waiting For Everyman]

21. Oooo... go Kay!!! Wow!

She's right, too! Why put up with that nonsense? Make 'em pay for it. :thumbsup:

[ccharles000]

22. I voted for Kay and I hope she beats Liddy

[angryvoter]

24. Lets help Kay

I was watching MSNBC today and Kay was hoping to get some donations to help fight Dole with commercials. I don't know what site I need to go to but I would like to donate to help her just like we did for El Tinkelbeger(spelling?).
I think we can do this for her!!!!!

[Kaleko]

25. There is a grassroots effort to take the pious Mrs. Dole down a notch.

I did my part early on to inundate her server with heartfelt feedback. :)

Please join in the good work:

http://dole.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactForm

[rdublue]

26. Good for Kay Hagan!!

That ad is wrong on so many levels. It's astounding Liddy Dole would stoop to that level. Anyone notice Liddy's had Botox?

[Laelth]

27. She's probably seeking an injunction to stop the ads now.

She will have to prove "likely to succeed on the merits" in order to get the injunction. When you're a public figure, like a candidate for the Senate, it's hard to win a defamation lawsuit.

Nevertheless, this is one way for Hagan to declare to the people of NC, loudly and clearly, that Dole is lying and that she can prove it. I certainly hope she gets the injunction she seeks. I doubt this suit will mean anything after the middle of next week.

The United States is a LIBERAL Country.

:dem:

-Laelth

[depakid]

43. That's actually raised a very interesting legal question

Traditionally, injunctions were not available in defamation cases, though a 2007 case from California Supreme Court allowed a narrowly tailored one under these specific circumstances:

The case involved a neighbor of a restaurant and bar in Newport Beach. Anne Lemen criticized the Village Inn and had contacted authorities numerous times to complain of excessive notice and the behavior of inebriated customers leaving the bar. At times, she made videotapes of the patrons and took their pictures. She called customers “drunks” and “whores” and told customers that the food was “shitty.” While collecting signatures for a petition opposing the Village Inn, she told neighbors there was child pornography and prostitution going on in the Inn and that it was selling drugs and alcohol to minors.

The restaurant sued Lemen seeking an injunction but not monetary damages. The trial court granted a permanent injunction barring her from contacting any of the Inn’s employees, making defamatory statements about the Inn and from videotaping within 25 feet of the premises....

“Prohibiting a person from making a statement or publishing a writing before that statement is spoken or the writing is published is far different from prohibiting a defendant from repeating a statement or republishing a writing that has been determined at trial to be defamatory and, thus, unlawful,” the majority wrote.

In rejecting Lemen’s argument that the only remedy was monetary damages, the court said it “would mean that a defendant harmed by a continuing pattern of defamation would be required to bring a succession of lawsuits if an award of damages was insufficient to deter the defendant from continuing the tortuous behavior.”

http://www.balough.com/news/430200794129.asp

Of course, North Carolina courts might not follow the reasoning- and in any event, an injunction wouldn't lie UNLESS the statement had already been proven to be defamatory at trial.

Likelyhood of success on the merits wouldn't justify prior restraint.

[Laelth]

47. Very true. Here in GA injunctive relief is not allowed in these cases.

Unless, as you point out, defamation has been proven at trial. And even then, if we're talking about political speech (that speech which is given the most protection under the 1st Amendment), the Court may not be willing to enjoin the speech. Whether or not to grant an injunction is always discretionary, here, because an injunction is an equitable remedy and not a legal remedy.

Hagan has a tough road to hoe, but it's unlikely she really wants to win this lawsuit. Just filing it may have accomplished her goals.

The United States is a LIBERAL Country.

:dem:

-Laelth

[Kurt_and_Hunter]

28. excellent as a free media play (frivolous suit, but smart)

[Fire_Medic_Dave]

29. Who is Liddy Dole?

[rucky]

32. Elizabeth Dole

Viagra Bob's pet name for her kinda stuck.

[Fire_Medic_Dave]

33. I thought it was Libby.

[rucky]

35. That's what she's calling her opponent.

A godless libby!

[kenny blankenship]

34. Bob Dole's and G. Gordon Liddy's love child

[progressiveforever]

30. Good! Email Dole and tell her how wrong she is.

[e-mail]

[ncgrits]

37. Emailed her just now. As one of her constituents. . . .

I thought she might want to know what I think.
I think she won't be my "senator" much longer.



"Is you is, or is you ain't my constituency?"
--O Brother, Where Art Thou?

[rucky]

31. IT'S ABOUT FUCKING TIME a Dem did this!

[Hepburn]

36. I hope she takes Dole for EVERYTHING...including hubbie's little blue pills.

Would serve her right! I was totally fumed when I heard that bullshit ad from Dole about Hagan. That is just plain EVIL!

[DeepModem Mom]

38. K&R

[Daphne08]

39. Good for her.

That Dole ad is shameful.

[OneGrassRoot]

41. Just saw a new Hagan ad this morning....

saying Dole is "bearing false witness."

BAM!!!! :)

[depakid]

42. The ad is pretty clearly defamatory

Particularly taking into account that Hagan teaches Sunday School and is an Elder in her church.

It'll be interesting to see if Hagan continues to pursue the case if she wins. I'd like to see her press the case, if only to deter this sort of behaior in the future.

[vaberella]

44. Finally one Dem is taking how serious this is.

Obama could have imprisoned all those people for the amount of desecreation of his character and doing it with malicious intent as well. Thank you Kay Hagan for using the law of the land and realizing what this is about. Fuck Libby Dole. n/t

[bdamomma]

49. good for Kay Hagan

and I'm not even from that state. Kay Hagan I can't wait to see her on the Senate Floor.