The result in one Massachusetts lawsuit says it is not. Clive McFarlane wrote a comment posted on the Worcester Telegram & Gazette web site titled “Birther’s True Colors are Showing” referring to attorney Robert Delle who in a telephone conversation with McFarlane had expressed a lack of confidence about the authenticity of the President’s birth certificate.
The dispute centered over a matter of interpretation of where the middle ground lies and whether it’s fair to label someone a birther because they say they can’t reach a conclusion about the birth certificate without some kind of further investigation or study.
Judge C. Jeffrey Kinder threw out the suit, finding that such statements centered on McFarlane’s interpretation of the phone conversation. You can read the story at The Docket: The news blog of Massachusetts Lawyers Weekly. Also the court stated that the newspaper cannot be sued for something a commenter says on the their web site. The Court said that it was alleged, but not shown, that McFarlane was an employee of the paper, something very likely given that the email address associated with the article was at the newspaper.
- Full text of the court’s opinion (cost $12)