Slander Claim Against Moore Dismissed
Posted: 14 July 2005 05:35 PM   [ Ignore ]
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http://news.yahoo.com/s/ap/20050714/ap_en_mo/moore_nichols_lawsuit

By JoANNE VIVIANO, Associated Press Writer 1 hour, 41 minutes ago

DETROIT - A federal judge Thursday threw out a libel and defamation lawsuit filed against filmmaker
Michael Moore by the brother of Oklahoma City bombing conspirator
Terry Nichols.

U.S. District Court Judge Paul D. Borman ruled that statements Moore made about James Nichols in the 2002 “Bowling for Columbine” documentary were “factual and substantially true.”

James Nichols claimed in the suit that the statements could be misinterpreted by viewers to inaccurately link him to the bombing. He also claimed the film invaded his privacy and inflicted emotional distress.

Borman rejected the claims in 25-page page ruling granting Moore’s request for summary judgment — a ruling without going to trial. Moore’s attorney Herschel P. Fink called the decision a “home run.”

“The thing that is most pleasing to Mr. Moore is that the judge agreed with our argument that ... the statements were not false and that they were accurately reported,” Fink said.

A message seeking comment left with Nichols’ lawyer wasn’t immediately returned.

Borman said Nichols, a Sanilac County farmer, is considered a public figure for the purposes of the lawsuit, because he “voluntarily injected himself into the public controversy surrounding the bombing” by such steps as granting interviews and helping write a book.

Terry Nichols is serving two life sentences without parole for his role in the April 1995 bombing that killed 168 people.
Timothy McVeigh was executed in 2001 for masterminding the attack.

James Nichols’ farm was raided two days after the bombing, after his brother and McVeigh were identified as suspects. James Nichols was arrested that day and held for 32 days, then released for lack of evidence. Charges against him were later dropped.

McVeigh had listed James Nichols’ home as his address on some forms and said when he was arrested that Nichols was his next of kin.

Among statements in the film that James Nichols took issue with were those alleging that federal prosecutors formally linked the Nichols brothers to McVeigh, that the brothers made “practice bombs” before Oklahoma City, that both were arrested in connection to the bombing and that they both were charged with conspiring to make and possess small bombs. Also at issue was a statement that the feds “didn’t have the goods on James,” so charges were dropped.

Moore, an outspoken liberal activist, is known for such films as “Fahrenheit 9/11” and “Roger and Me.” “Bowling for Columbine,” a scathing look at the gun culture in America, won the Oscar for best documentary of 2002.

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Posted: 14 July 2005 11:10 PM   [ Ignore ]   [ # 1 ]
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I never knew there was this suit...hmmm.

I thought that scene with Nichols was kind of wierd. Especially when he cocked the gun and pointed to his head, he seemed like he has a few screws loose.

As a vegetarian though, I applauded him for growing organic soybeans!  (;

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"I never give them hell. I just tell the truth and they think it’s hell.” - Harry S Truman

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Posted: 14 July 2005 11:30 PM   [ Ignore ]   [ # 2 ]
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ILoveAmerica - 14 July 2005 11:10 PM

I never knew there was this suit...hmmm.

I thought that scene with Nichols was kind of wierd. Especially when he cocked the gun and pointed to his head, he seemed like he has a few screws loose.

As a vegetarian though, I applauded him for growing organic soybeans!  (;

Yes, but look what it did to him!

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Barack Obama is for hope and change. I just hope he doesn’t need my spare change.

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Posted: 15 July 2005 12:14 AM   [ Ignore ]   [ # 3 ]
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Rapid R - 14 July 2005 11:30 PM

ILoveAmerica - 14 July 2005 11:10 PM
I never knew there was this suit...hmmm.

I thought that scene with Nichols was kind of wierd. Especially when he cocked the gun and pointed to his head, he seemed like he has a few screws loose.

As a vegetarian though, I applauded him for growing organic soybeans!  (;

Yes, but look what it did to him!

The soybeans you mean? Did he just grow them...or did he eat them also?

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"I never give them hell. I just tell the truth and they think it’s hell.” - Harry S Truman

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Posted: 15 July 2005 10:55 AM   [ Ignore ]   [ # 4 ]
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Rapid R - 14 July 2005 11:30 PM

ILoveAmerica - 14 July 2005 11:10 PM
I never knew there was this suit...hmmm.

I thought that scene with Nichols was kind of wierd. Especially when he cocked the gun and pointed to his head, he seemed like he has a few screws loose.

As a vegetarian though, I applauded him for growing organic soybeans!  (;

Yes, but look what it did to him!

Day sent’im myad day did! Gnnnn! :ahhh:

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Sethery: Why is it you come into a serious topic to shit-stir, and come into a shit-stirring topic to be serious?

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