Talk:Gertz v. Robert Welch, Inc.

This article leaves an incorrect impression
This article leaves an incorrect impression about the outcome of this famous and precedent-setting libel lawsuit.

(1) There were two jury trials. In both cases, Gertz prevailed via jury verdict.

(2) While the first appeal resulted in the court setting aside the original $50,000 libel judgment, the second trial jury found malice and reckless disregard for truth was responsible for the libel. Ultimately, the Birch Society paid Gertz $400,000 for their libelous article.

The 1982 Appeals Court decision made the following comments about Scott Stanley Jr (editor of American Opinion magazine) and Alan Stang (the author of the defamatory article about Gertz).

"In summary, Stanley conceived of a story line; solicited Stang, a writer with a known and unreasonable propensity to label persons or organizations as Communist, to write the article; and after the article was submitted, made virtually no effort to check the validity of statements that were defamatory per se of Gertz, and in fact added further defamatory material based on Stang's 'facts'. There was more than enough evidence for the jury to conclude that this article was published with utter disregard for the truth or falsity of the statements contained in the article about Gertz." [U.S. Court of Appeals for the Seventh Circuit, No. 81-2483, Elmer Gertz v. Robert Welch, Inc., 6/16/82, page 20].

There is also a footnote appended to this paragraph in which the Appeals Court observed that:

"Furthermore, Stang's conduct in investigating and researching the article also is evidence of actual malice." ...

Over the past 45+ years, many persons associated with the Birch Society (members or endorsers) have utilized comparable libels against persons they described explicitly or through sinister innuendo as disloyal, subversive, or engaged in "un-American activities". The victims of this libelous commentary have successfully sued. See for example:

Arnold Rose vs Gerda Koch (Christian Research Inc. -- Minnesota)

Jonathan Goldmark vs Ashley Holden, Albert Canwell, Loris Gillespie (Washington)

William McGaw vs A. A. Webster (New Mexico)

Birch Society members and sympathizers learned their "rules of engagement" from instructions by Birch Society founder Robert Welch.

See John Birch Society "Blue Book" chapter 4 entitled "And So Let's Act". Robert Welch explains what he thinks should become standard Birch Society tactics.

Item #6 (page 94) refers to how the JBS should "start shocking the American People...into a realization of what is happening...of how far and how completely Communists and Communist influences have crept into communities, institutions, and activities..." within our country.

Welch goes on to explain how articles in the Birch Society magazine, American Opinion, could be used to fulfill this plan to "shock" the American people. On page 96, he explains:

"...we would run in the magazine an article consisting of questions to this man, which would be devestating in their implications. The question technique, when skillfully used in this way, is mean and dirty.  But the Communists we are after and meaner and dirtier, and too slippery for you to put your fingers on them in the ordinary way..."

Thus does Welch justify character assassination by innuendo. —The preceding unsigned comment was added by Ernie1241 (talk • contribs).


 * Interesting. Go ahead and add that information to the article, appropriately cited, if you wish. Daniel Case 18:12, 9 July 2006 (UTC)

Notes on the case

 * This is described as a diversity libel action.
 * The post-trial motion is the court of first appearance omitted.

All the best: Rich Farmbrough, 22:33, 25 August 2015 (UTC).

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