Rall v. Coulter? It’s an Expensive, But Viable, Proposition

My very experienced attorney tells me that Coulter’s vile smear about me at last week’s CPAC confab amounts to a good news/bad news proposition, legally speaking.

First, the good news: He believes there is a viable cause of action against Coulter for slander. What she said fits the traditional profile for slander: She probably knew it to be untrue and that it could harm my business by injuring my reputation. In addition there is a body of case law that includes impugning a person’s patriotism and loyalty to their country as slander. True, we could lose. But there’s a good chance of winning.

Now, the bad news: As a best-selling author, she is richer than me. Moreover, as a conservative she can draw upon well-heeled ideological allies to finance her legal defense. (Sadly, many wealthy liberals prefer to sit on their hands than defend their own against smears.) She would undoubtedly find representation with a high-powered First Amendment firm to defend her.

I could, of course, simply use the $6,000 I’ve raised so far through my pledge drive (thanks, everyone—you’re the best!) to pay for the initial filing of a lawsuit. The problem is what happens next. As months of depositions and discovery drag into years, even people who initially supported legal action tend to move on, to become less interested in helping to support such a case, especially as it fades from the headlines. Without continued public support I simply couldn’t afford to keep making the necessary motions and filings, and would have to drop the suit.

Once I commit to a fight, I’m determined to see it through to its conclusion. So I’m not giving up my idea of pursuing legal action for the time being. What I need, quite frankly, is enough money pledged up front—and, if and when I file, paid directly to my attorneys—to ensure that this case can be brought to trial.

Some conservatives have asked why I don’t use my own money to pay for this case. If I could, I would. But you’d be amazed how poorly cartooning and writing pays! I don’t have that kind of cash. As you know, however, I am always willing to bear the brunt of the assault from the right-wing attack machine. I’m willing to stand up for what’s right no matter what they say or do. So it’s not like I won’t be paying for anything. If this case moves ahead, I’ll be the one sitting through court dates and being deposed and forking over my personal correspondence and being treated like dirt by right-wing commentators. Anyone who has fought a legal battle knows how ugly this can get.

So that’s where things stand. Whether or not this proxy battle for the soul of America takes place depends on the generosity of the American people and the depth of their contempt for neo-McCarthyite smear tactics against progressives. Please pledge today at chet@rall.com.