As of yesterday my fate and the fate of California journalists was in the hands of the state Supreme Court in San Francisco. We filed our Answer to the LA Times’ Reply to our Petition for Review with the court along with 7 amicus curiae letters in my favor issued by First Amendment organizations including the National Coalition Against Censorship, the National Writers Union, Index on Censorship, Project Censored, the Association of American Editorial Cartoonists, the Comic Book Legal Defense Fund and Cartoonists Rights Network International.
The Times argued in its Reply that truth is irrelevant because the First Amendment gives the Times the right to publish anything it wants regardless of veracity, and that its decision to fire a journalist is not actionable because it’s not firing but rather a simple “decision not to publish.”
If the court fails to rule in my favor or to hear my case, defamation law will be dead in California. And journalists will lose the right to contest wrongful termination.
Major media outlets are still refusing to cover my story. I suspect it’s because it’s awkward. The Times is wrong and they know it. But they don’t want to lose protections in case they screw up too.
Now we wait to hear whether the Court will agree to hear my case.