Tuesday, April 26, 2005

Letter in Jerusalem Post

Here's my letter that appeared in The Jerusalem Post, April 25, 2005:

Sharon and 'Time'

Sir, – Uri Dan is correct that Ariel Sharon technically won his libel suit against Time in that the court noted that what the magazine had published was false ("From Zero to hero," April 21). Nevertheless, Dan is a bit sloppy himself in failing to alert his readers that the final judgment was an acquittal.

The federal jury was addressed by the judge, Abraham Sofaer, who explained with care the subtleties of the actual malice standard. The jury subsequently found that, first, the statement at issue was defamatory; second, that it was false – but third that Time did not act with actual malice in publishing it. Sharon failed to gain financial remuneration.

The important consequence of the trial was the undercutting of the unethical journalistic standard of quoting from unidentified sources.

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