By FITSNEWS || We read over on The Nerve this week where newly elected S.C. Rep. Greg Duckworth – a liberal “Republican” from Horry County – is pursuing a pair of libel lawsuits against his political opponents.
Apparently Duckworth didn’t like the content of two letters to the editor published in The (Myrtle Beach, S.C.) Sun News back in the spring of 2012. The letters – written by Charles Collins and Bren Gibson – accused Duckworth of using his position as a member of North Myrtle Beach’s city council to steer business to his company.
According to Duckworth, these allegations crossed the line from legitimate criticism into defamation.
The freshman representative has a tough case to make. Per the terms of the U.S. Supreme Court’s landmark Times v. Sullivan ruling, to win a libel judgement a public figure must not only prove statements made against him (or her) were false – but also that the individual making them either a) knew they were false or b) acted with a “reckless disregard for the truth” in publishing them.
Proving either of those two things typically involves getting inside the mind of the individual who made the statements – which is extremely difficult to do.
The goal of the ruling? To keep public officials from being targeted with outrageous smears … while at the same time preserving citizens’ First Amendment rights.
We’re not familiar with the allegations made against Duckworth – or the legitimacy of his lawsuit.
Collins and Gibson’s attorney told The Nerve his suit was “not only an attempt to suppress speech, but the most important kind of speech – political speech.”
A motion has also been filed to toss the suits, arguing they are without merit.
Whether there’s merit or not, Duckworth’s pursuit of judgments against these two citizens makes him look like a real cry baby – a guy who can’t take the sort of criticism that goes with seeking (and now holding) elected office.
Entering the public arena means people are going to say bad things about you. Sometimes, those bad things may even be flat out untrue.
But that’s life … and barring evidence of some deliberately egregious fabrication on the part of these letter writers, Duckworth is wasting the court’s time with this suit.
Also, if he thinks he’s going to muzzle legitimate criticism moving forward by being trigger-happy with legal action, he’s got another thing coming.
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25 comments
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I for one am glad he’s taking it to court.
If the criticisms were unfounded and he can prove it, then they should be publicly retracted.
I can almost guarantee him or his attorney gave the offenders a chance to retract before going to court.
If the accused are in the right(meaning the defendants), they should welcome a chance for discovery to see if Duckworth’s company has no bid contracts via his connections.
So let’s get this straight, if I write a letter to the editor that is somehow critical of a public official, I should “welcome the opportunity” to be vindicated by discovery and my “day in court”?? Great…. I’m sure that is exactly what the Founding Fathers had in mind.
Who cares what the Founding Fathers said?
The issue is one of truth. If you write a letter critical of a public official, that’s fine…just don’t lie about what you’re saying(knowingly). Seems like an easy & low standard to me. Also, it’s not just a “public official” it should apply to, it should apply to everyone.
Even further, if someone tells you that you are wrong, shows you so, and then asks for a retraction you’d have to be a ingenuous ass to not do so.
If you want to avoid the problem, just don’t speculate on someone being a crook, have some evidence saying he is, like the fellow above “Duckworth Watcher”.
I notice you later changed your comment. You weren’t quite a moderate originally. Doesn’t really change my comment, but it does show me you’re not so self assured.
It was a no bid contract given by architect Derek Mozingo. Every time Mozingo gets a project Duckworth somehow seems to also get a subcontract. Just 7 days after the city of NMB gave Mozingo the project managers contract Mozingo turns around and give Duck a no bid contract on the project. Everyones back gets scratched. Its easy to do when Mozingo and Duck are in the same office building.
Well if your right it will come out in discovery, right? Then they can counter sue for legal fees & defamation and make him look like an idiot.
Look like an idiot. He is an idiot.
‘Blue-Eyed’ Journalist Joe Mozingo Has an African Last Name. And Relatives in the Klan.
http://gawker.com/5543222/blue-eyed-journalist-joe-mozingo-has-an-african-last-name-and-relatives-in-the-klan
All Mozingos in the US descend from an African indentured servant from Virginia, Edward Mozingo. That includes the late, illustrious Spot Mozingo of SC. The “white” Mozingos have been “passing” since the 1800s.
http://www.wikitree.com/wiki/Mozingo-72
Not an indictment of this fellow. Just an interesting sidebar.
Ask Todd Kincannon about Duckworth. He helped a lot with defeating Tracy Edge and getting that whining loser elected. Dig a little. That would be real story and you would not have to depend on The Nerve for the information.
Maybe I should have said should have been loser.
Todd was Will’s butt buddy for a while.(still might be, I have no idea) So there might be some bromance issues interfering with any such research.
And Duckworth has his own airplane just like Bobby Harrell. Will people watch his reimbursments for the airplane rides? Oh Greg go ahead and sue me to for pointing out you have a airplane!
“. . . not only an attempt to suppress speech, but the most important kind of speech – political speech.”
Hahaha. It “was” the most important kind of speech. That is–until a massive herd of crooked politicians (from all walks of life) decided to use and abuse their office. Now, most of the enlightened folks are rather jaded (or apathetic).
Nice try, Fits.
On that note; All I want for Christmas is…by the people, of the people, and for the people. Guess I won’t be believin’ in Santa this year.
Will is going to tell someone to “Man Up”? Calling the cops over mean texts and domestic violence are real manly traits, apparently these days.
Looks like an evil-ass redneck leprechaun.
It’s eight kinds of creepy that I was getting ready to post that he looked a little like a leprechaun. One of us must really be fucked up…
I contend we are all fucked up in one way or another. But as far as him looking like a leprechaun, evil or otherwise … well, he just does. As any fool can plainly see.
Very true (on both counts)!
” One of us must really be fucked up…”
Hmm – well let me see – If I had to pick I guess I’d say . . . . (LOL)
Since we are all on this blog……?LOL Me included.
“Looks like an evil-ass redneck leprechaun.”
Used Cheerwine instead of milk with his Lucky Charms, Maybe?
Like Sen. XXX Ford in the picture fits usually post of that fine former Sen. What kind of 3rd World Nation is Mr. Duckbutter supporting with his lapel pen?
A suit like this should be relegated to the round file immediately if not sooner. What a loser even if he did win. What is it with the Grand Strand ? Where do they find all these RINOs ?
Only he knows if the allegations are true, and if they are, he is in a mess. Truth is an absolute defense. When you are a public figure, you place yourself on a pedestal for good and bad. People will honor you, others will drag you through the mud. You need a tough skin. Hoist his own petard?