I heard the Sinclair TV network, of which I am unfamiliar, is planning to air a 90 minute smear campaign against Kerry just prior to Election Day. What the hell is this? Why don’t they just buy Bush votes, for schmidts sake! I hope no one takes it seriously. If Bush steals this election, it’ll be because it is the best election he can buy!
If they do air such a smear campaign, isn’t it slander?
In the documentaries themselves, I don’t know, I’ve yet to see either.
In the manner of presentation, I assume it’s obvious. If not then I’m not sure if I can explain it satisfactorily.
No, you wouldn’t. Any claim for an “equal-time” response to Stolen Honors would be based on the assumption that the film itself constitutes a de facto Bush ad, therefore Kerry is entitled to equal time in reponse to it. Might or might not fly, but that would be the theory of the claim.
A lawyer’s opinion: As to whether it’s “slander” . . . politicians rarely sue for defamation, regardless of the circumstances. They’re “public figures,” just like Madonna, meaning you have to meet a higher standard of proof to win the case. You have to show “actual malice” – which in this instance might actually be proveable; but, in general, politicians don’t bother. They prefer to use their normal channels of public address to rebut slanderous allegations; filing a lawsuit would make a pol look too petty. Also, truth-of-the-message’s-content is a defense to any action for defamation. Kerry would have to prove some of the content is actual lies, rather than actual facts taken out-of-context and slanted in disparaging ways – which, again, in this instance, might actually be provable (or might not – nobody’s seen the film yet).