Op/Ed: Actual Malice, Segregation of Truth, and Individual Preference

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Category: Op/Ed, Legal Commentary

Published on Saturday, 03 April 2021 10:59

Written by Janet Walker

A recent Wall Street Journal article, "Reconsidering Times v. Sullivan," authored by Senior Judge Laurence Silberman of the D.C. Circuit Court of Appeals, argues for the revision of the legal standard, stopping short of including opposed actual malice.

Opposed actual malice, the intentional effort or refusal to hide the known truth, which is necessary and available to society and available from multiple reputable and irrefutable sources, becomes the foundation for opposed malice.

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The intent of large media organizations to intentionally withhold the truth for a multitude of rationalizations, even financial gain, and moreover stopping news coverage by failing to act responsibly in actuality results in any media organization becoming an accessory after the fact or even a collaborator furthering lawlessness without limitations.

With the Fourth Estate, a level of trust is placed in the media to serve the public, not through segregation of truth based on an individual preference that falls outside of the scope of truth.

The public has seen it many times, large media organizations playing catch up when a brave soul somewhere, The Indianapolis Star daily newspaper, for example, has the audacity to break a story that hits the very fabric of the American soul and revels the heinous monsters that prey on the vulnerable.

This has been repeated in the past twenty years with more frequency, 80 years of Boy Scouts hiding pedophiles, The Pennsylvania Patriot News, breaking the Jerry Sandusky Story, only to find another goliath organization circling the wagons around a winning athletic program.

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"The Catholic Church, The Mormon Church, The Boy Scouts, USA Gymnastics Organization, Pennsylvania State Football Coach and convicted pedophile Jerry Sandusky, Hollywood director and producer Bryan Singer, and those who prey on adults in the Military, the Bill Cosby Scandal, Harvey Weinstein, Jeffrey Epstein and his elite group of global trafficker's, each with a clear personal team, professional alliances, and even media, who participated in the culture of obedience and complicit circle of secrecy," Haute-Lifestyle.com reported.

The Victim X case, which this reporter has continued to seek justice has repeatedly fallen on deaf ears as if to explain to the public this reporter has no knowledge of the facts, which then damages the reputation of the reporter. The refusal to expose the truth is a tactic, a war tactic, to force the educated, creative, and accomplished victim to live with knowing that the suspects were given a suspension of the criminal prosecution due to alleged position.

The facts are clear, and the irrefutable documentation is available. And for all the talk of equality, women's rights and even this president's determination to stop sexual assaults on college campuses and throughout society, allowing sexual violence by those employed by law firms in any capacity clearly sends the message that position, which we have seen in every case that has exposed heinous abuse for decades, dictates the extent any detective or prosecutor will go until the victim's cannot be ignored.

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Opposed actual malice, which essentially is a passive aggressive action by media to intentionally cover the truth, to refuse to utilize investigative news reporting, and for many it is known some newspapers of record do not break investigative news stories, they report the news, leaving investigative challenges and exposing the depth of any criminal enterprise which hides behind the façade of normality, to others who dare to "play it straight" and not allow the editorial board to be managed.

Granted the complexity of this case, which is no different than the exposure of alleged professionals in a multitude of sectors including judicial, academia, sports, religion, law enforcement, organizations representing the American ideal, all hiding behind the strength of organizations who have unlimited resource and can activate the destruction of reputation machine at the hint of allegations.

Failure to expose simply represents the unwillingness by democratic broadsheets to tread on the possibility that the standard bearers for the party, those who's reputation may be tarnished and could possibly influence upcoming elections, will be draw into this tangled web of deceit.

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Pulling down a corrupt judge, prosecutor, detective, rapist lawyers or religious leaders is the responsibility of the Fourth estate, unless of course it is the intent of the media to intentionally hide and harbor which results in opposed malice, an individual preference by the editorial board to refuse to expose of the truth.

Times v. Sullivan (1964), the Supreme Court has held that public officials cannot recover damages for libel without proving that a statement was made with actual malice — defined as "with knowledge that it was false or with reckless disregard of whether it was false or not."

By failing to act, they become collaborator and consent to the actions.