Last week, a New York federal judge refused to dismiss a defamation case that reads like a mix of Dr. Ruth and Dr. Seuss. At its heart is a controversy over what a procurer of prostitutes in Dubai told a "horse whisperer" in Germany who told a gossipmonger in New York who told millions of Americans about former Congress member Gary Condit. Though this might sound like a game of post office for pundits, the stakes are high — for commentators, the Constitution and for Condit.
The former Central Valley representative has not been idle since he faded from public view after the scandal involving the disappearance and death of his onetime intern, Chandra Levy. He was hounded as a murder suspect during the Levy investigation once his "close relationship" with her became public. Now he and his wife have sued various media organizations, alleging defamation. Some have reportedly settled. However, the most interesting case is the one Condit filed against Dominick Dunne, Vanity Fair correspondent, talk show "legal expert" and host of Court TV's "Power, Privilege and Justice." The judge's decision that Condit's suit merited a trial converted Dunne from a seller of court gossip to its subject.
<snip>
The judge didn't buy the no-one-takes-me-seriously defense. He decided Dunne must answer for his comments in a trial, a notable decision given the high burden imposed on a public official, such as Condit was, in a defamation case. To protect free speech, the Supreme Court has prevented public officials from using the defamation standard that applies to average citizens. Condit must show that Dunne acted with either actual malice or reckless disregard of the falsity of his statements. The standard is so high that the last time a national politician prevailed in a defamation suit was 1969 (Barry Goldwater, in a case of malicious reporting).
<snip>
The mere fact that Dunne may face a trial (absent a settlement) is an important step in cleaning up the talk-show scene. Dunne and other commentators plainly believed that, as a public official, Condit was fair game for unfair attacks. A trial for Dunne would serve as a warning that the law may not require decency or even total accuracy but it does demand accountability.
LA Times