Fighting Back

" Back -- session on the docket today Sarah Palin threatening several media outlets would they defamation. Lawsuit. Alaska's governor as you know by now is stepping down saying like the national spotlight has been harmful to her her family and the citizens of her state. She did not resign under investigation for any ethics violations but a blogger. Suggests she did it. Saying Palin was suspected of wrongdoing possibly involving corruption or kickbacks on her house or on the sports complex in her hometown -- your theory. The New York Times the Washington Post MSNBC and the Huffington Post all links. To that blog report and now Palin's lawyer says she is prepared to sue. But does she actually have a case let's ask our panel defense attorney David -- and Fox News legal analyst Mercedes Colin morning panel. The remains in good -- oh boy he's checked this lawyer is kept saying it taking aim at this particular blogger whose name is Shannon Moore. Who is coming out fighting herself ripping on Sarah Palin yet again. And the lawyer says they're all there are all being lined up for defamation lawsuit David did inhabitants can make such a lawsuit."

" You know me I don't blame -- lawyer from being PO unification of something they do it ordinarily it's difficult to make the case against public figure because you have to prove reckless disregard for the case -- When you are probably you're -- up what you are public figure right and a defamation may -- you have to prove actual malice. In this case Megan. These -- the usual media suspects who -- going after Palin smearing her smearing your family with that actually malicious campaign since virtually that -- John McCain selected her. As his running mate they'll look. That's the backdrop of this case right now when you couple that with the fact that he's the media outlet. A blogger and the rest of the media outlets that link to her interviewed her didn't actually contact the FBI office in Alaska who would have told them. There are no criminal investigation absolutely not on any of these issues that this blogger was dealing -- That's called due diligence the LA times did it publish an article refuting that. They didn't do when you couple the backdrop of the prior bad acts if you will. With that lack of due diligence may get -- reckless disregard that through all the way here McCain wanted to sue I think she got a great."

" It they have an obligation and this is a blogger who has come out and said look I was reporting that there were rumors that of a possible corruption investigation did this blogger. Have a responsibility to contact the FBI which David -- has come out and said it has no investigation did she have the obligation to these other news outlets that linked to the blog. Have that obligation."

" Now they didn't because they're not think they're not asserting the truth and nothing hello America that -- hailing it up for misconduct charges there ethical violations and linking that. What does blogger didn't exactly make it she made a distinction she carved up the exception that is permitted under law. That exception is this is opinion these are -- maybe she did this because she's got to be set to -- run wrongdoing maybe she. Departed from office because there were these ethical charges. Once read. And -- the blog savoring that that they did. It -- in her opinion. Maybe this is why she did it so the readers I noticed this not the bloggers think this statement is true. This is what's what really certain what really was the reason for her coming down off office. That's why the -- there -- defamation. -- going to be subject to to a motion to dismiss and they need -- subject to rule which sanctions for bringing frivolous."

" Yet you bring a frivolous claim you sanction is aware that David. Yes he -- a -- right why haven't we have heard this -- more -- and means committee people Alaska have follower blog but. Do you really think that America is mean reading this woman's blog about. Rumors about Sarah Palin. And taking -- as TrueCrypt and -- at these other news outlets linked to the blog and said there are suggestions there might be corruption allegations. Is that really help people are getting their news and taking what people are taking us back to now such that it can be the basis of a defamation -- sort of people know. This. Is some block -- her opinion."

" Well make up Iowa when these these larger media outlets linked to this website -- this blogger and actually interview -- they lend credibility to make it. I think it's far more than just opinion. This suggests is implies. Who factual scenario that there is actually criminal investigation going on this blogger has been on Sarah Palin for a long time. Has been docking her these media outlets at times MSNBC. Have been I think. Just look at their presentations in the media make -- have -- out I'll virtual campaign. To try to destroy her credibility and it's hard to refute at this point we've had to -- of the totality of the circumstances it doesn't make a lawsuit Megan. But it it makes a strong case for one and you why this is more factual and opinion epic if you look at like for the totality of the circumstances you can. I think you do have a lot of Megan did everything is Sarah Palin as a political future. And this kind of lawsuit might actually do harm to that political future so very threatening it is better than actually pursuing."

" Well that's the problem is that you know once you get it gets in the court. Because first -- audio I suppose they might assert. That -- to pay its opinion Mercedes they might assert that -- does an -- defense that they think they actually have the goods on her -- even though so far we've seen zero evidence of that. But listen this blogger this woman who I mentioned she comes out calls this the governor's massive overreaction. She says she protests wait too much and she says Sarah Palin is a coward and a bully. What kind of politician attacks an ordinary American on the fourth of July. For speaking her mind the First Amendment was designed to protect people like me from the likes of people like car it's not a blogger the blogger who did no fact checking. Is cleaning up the victim she's not gonna be all the bell that's sympathetic in front of the jury even if the law may be on her side --"

" You're right Megan but here it is that he did is what is bloggers don't think women. One turning the tide on me final lap to do this under the First Amendment and she's exactly right the First Amendment does protect opinion what it doesn't protect. Are untrue factual assertions that are designed to used to. Harmed someone's reputation yeah -- with April now I went about it anyway you know that's what's so -- as a very high standard you don't want David the reason why those media outlets linked the blogger because they knew that if they started to listen to admit that they weren't the blogger they might be -- Because that heightened the credibility of those -- and that may link to it now if there."

" good problem Megan. Fox News would never allow you do a story like this without doing due due diligence to cooperate I would never do it is as a journalist myself ending off practiced without corroborating what others."

" Please Michael didn't Jim was gonna get it starts or didn't do a story like it they just linked to the block -- take it on as their own at least according your -- room fighting. Well probably they have -- they have Op Ed pieces that sort of this sort of cooperate this type stuff and regularly slam Palin and that's the danger right there making a visit -- the all the little to suggest there are a bit they are they are quickly and knowing that -- actually -- implying that fact what you're doing essentially no one can have opinions in the first minute simply untrue."

" Okay nice nice quick final wrap -- we appreciate that -- David Wolf thank you so much one final word for our viewers. Sarah Palin has every right to be offended and upset about these baseless claims and once again the FBI has come -- at the baseless. But she will not win in a lawsuit. The lesson is clear clear that the statements were made. With actual malice which means that blogger knew they were false or something very close to knowing they were false they're not actionable. That's life for -- republic figures thanks to listen Supreme Court president and the First Amendment. Having said all that Palin was right to make the threat of a defamation lawsuit and I'm sure that many were happy to see her fighting back. Against at least a portion of the media attacks upon her. You're right him as it was a little grey spot on."