The Esquire article certainly didn’t fool me, any more than Klayman’s legal briefs fooled the judge.
— Dr. Conspiracy
— Comment at WorldNetDaily
In a satirical article, Esquire Magazine made a birther joke, that since Obama released his birth certificate, Jerome Corsi’s ill-titled book Where’s the Birth Certificate were being recalled. Joseph Farah, perhaps seeing a publicity opportunity sued. He lost under a statute designed to prevent meritless lawsuits from chilling public comment, the court ruling that Farah had no reasonable chance of convincing a jury. Farah’s attorney was the well-known litigator, Larry Klayman.
Farah appealed the decision, and lost. WorldNetDaily announced the loss in an article a few minutes ago.
“It’s dishonest,” said WND’s attorney, Larry Klayman, of the decision. “This is an issue for the jury to decide. They took it away from the jury, and that’s inappropriate.”
Klayman blames the loss on the political ambitions of the judges who ruled against him.
“These judges know that if they make an unpopular decision against the establishment that they will never be able to be promoted to the Supreme Court or any other position they might get through political patronage,” he said.
Well, the purpose of the DC anti-SLAPP (strategic lawsuit against public participation) statute is to prevent the threat of litigation and its associated costs from chilling public participation. Klayman was unable to show the suit could win.
Is this one destined for the Supreme Court? Do pigs wish they could fly?
Update: This article previously stated, erroneously, and it was reported elsewhere, that there was a 2-1 spit decision by the court. This is not correct. All three judges agreed on the decision, but only two concurred on the opinion.
- WorldNetDaily sues Esquire for zillions over satire
- WND lawsuit garners media attention
- Will WND lawsuit be “slapped” down?
- The Empire SLAPPS Back
- “Update” on Farah v. Esquire Magazine
- Farah slapped down
- Hearing in birther spoof lawsuit appeal
- Courthouse News Service – Warren’s reference to Corsi as an “execrable piece of shit,” is clearly his personal opinion as it “does not appear to convey any factual assertion, but is rather ‘the sort of loose, figurative or hyperbolic language which would negate the impression’ that a factual statement was being made,” Brown wrote (emphasis in original).