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Why Can't Obama Get An Injunction Against The Book?

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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:28 PM
Original message
Why Can't Obama Get An Injunction Against The Book?
Hold up the slander/lie filled screed, get it off the shelves. Then when he wins the lawsuit, donate all the money to charity. I hope the dems are not going to let the man who helped give us * & co. get away with this.
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Kutjara Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:32 PM
Response to Original message
1. He might think it'd do more harm than good.
If he gets an injunction, a book that was previously merely a piece of disposable, hate-filled, right wing trash will immediately become "The book Obama didn't want you to read! What else has he got to hide?!?!"
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:48 PM
Response to Reply #1
10. Exactly. nt
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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:35 PM
Response to Original message
2. First Amendment -- no prior restraints.
See Near v. Minnesota, 283 U.S. 697 (1931).

Also, Obama is a public figure and it is very difficult, under US law, for a public figure to prevail in a case alleging libel.

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mucifer Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:45 PM
Response to Reply #2
4. yeah bill oreilly looked like an idiot when he sued Al Franken. We don't need that.
Hopefully we can fight this in other ways. We need our own true books. Hopefully cnn will listen, but I doubt it.
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:48 PM
Response to Reply #4
9. O'Lielly Didn't Need A Lawsuit To Make Hun Look Like An Idiot
Because, in fact, he is one
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:50 PM
Response to Reply #4
12. My librarian supervisor saw their famous row at the ALA convention.
She said Franken wiped his ass off the floor simply because he was witty and O'Lielly had no defense to that.
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:45 PM
Response to Reply #2
5. If The Facts Are Wrong, As I Read
Doesn't that make the case?
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The Velveteen Ocelot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:45 PM
Response to Original message
3. Prior restraint. Would violate the First Amendment.
Theoretically, he could sue for defamation after the fact, but that's a tough claim if you are a public figure; you have to prove actual malice (publishing something defamatory you know to be false). Although in the case of that douche Corsi, there probably was actual malice.
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anonymous171 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:46 PM
Response to Original message
6. We just need to get dirt on the author and discredit him.
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Peacetrain Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:42 PM
Response to Reply #6
19. Absolutely the solution!.
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:47 PM
Response to Original message
7. what book?
you might want to mention that
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ben_meyers Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:47 PM
Response to Original message
8. 1st amendment maybe? Prior restraint? What law should
he use?
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eshfemme Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:48 PM
Response to Original message
11. Libel is harder to prove against a public figure in the US.
Plus, in politics where perception is everything, suing the guy just gives the freepers way too much ammo against Obama.
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cliffordu Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 05:50 PM
Response to Original message
13. Obama should read passages from the thing and laugh...then tear the pages
out of the book and say: "This is what the Republican attack machine is reduced to. Lies and smears, more of the same old same old. The American people are smarter than this."

(Even though they are probably not)
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CanonRay Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 06:01 PM
Response to Original message
14. That would just double or triple the news cycle
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Dreamer Tatum Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:25 PM
Response to Original message
15. Oh please dear? I'll have you know the Supreme Court has roundly rejected prior restraint
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Occam Bandage Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:26 PM
Response to Original message
16. That would drive demand through the roof.
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:27 PM
Response to Original message
17. NO PRIOR RESTRAINT is why
Edited on Wed Aug-13-08 07:27 PM by TexasObserver
And even if he could, he wouldn't want to.
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babylonsister Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:30 PM
Response to Original message
18. If he did that, or tried it, he's get the book a lot more publicity. Let it
die in the $1 bin at the Dollar Store. That's where it's headed.
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Thrill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:50 PM
Response to Original message
20. It will just draw more attention to the book
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HEyHEY Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 09:35 PM
Response to Original message
21. Cause it's America... you know a FREE country
If Obama has issues with the book he'll sure.. that's that. Then he'll have to prove the guy lies or what not. That's how the system works.
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 09:38 PM
Response to Original message
22. If this were a McCain-bashing book, the author would end up like Hatfield
Who needs lawsuits when there's "suicide" and book-burning?
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Top Cat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 09:41 PM
Response to Original message
23. Sometimes it's best to just ignore the lies
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Top Cat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 09:41 PM
Response to Original message
24. Sometimes it's best to just ignore the lies
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