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The New York Times Called a Famous Cartoonist an Anti-Semite. Repeatedly. They Didn’t Ask Him for Comment.

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Ted Rall
Image result for cartoonist antonio cartoon

The cartoon by António Moreira Antunes that prompted the perpetual ban on political art in the New York Times.

            Earlier this year the Portuguese cartoonist António Moreira Antunes drew one of the most controversial political cartoons in history. His cartoon about U.S.-Israeli relations sparked so much controversy that The New York Times, whose international edition published it in April, decided to fire its two staff cartoonists, neither of whom had anything to do with it. Then the Times permanently banned all editorial cartooning.

            Antunes took the most flak from the Times itself, as it furiously backpedaled from its own editorial decision to publish his cartoon. In five news stories and editorials, the Newspaper of Record unreservedly described Antunes’ cartoon as anti-Semitic. American media outlets followed the Times’ lead.

            “I’m not anti-Semitic, I’m anti-Zionist,” Antunes told me. “In the Israeli-Palestinian conflict I am in favor of two countries and I am against all annexations made by Israel.” The Times censored Antunes’ side of the story from its readers.

            Was Antunes’ cartoon, a metaphorical illustration depicting Israeli prime minister Benjamin Netanyahu as a dog leading a blind President Trump, anti-Semitic? That question is both inherently subjective and eminently debatable. “The cartoon is not anti-Semitic, but many political and religious sectors classify any criticism of Israeli policies as anti-Semitic,” Antunes said in an interview.

            Pro-Israel groups disagreed. On the other hand, many cartoonists thought there was nothing wrong with it.

            But that’s not how the Times covered it. In article after article, Antunes’ cartoon was described as anti-Semitic. It was an objective truth. No one could doubt the cartoon’s anti-Semitism more than the fact that Washington is the capital of the United States.

            “Times Apologizes for Publishing Anti-Semitic Cartoon,” read the headline on April 28th.

            Not “allegedly anti-Semitic.”

            Not “cartoon criticized as anti-Semitic.”

            In an April 30th editorial, the paper called Antunes’ work “an appalling political cartoon” and “an obviously bigoted cartoon.” It explained: “The cartoon was chosen from a syndication service by a production editor who did not recognize its anti-Semitism.” Not “its possible anti-Semitism.”

            Two more articles on the subject appeared on May 1st: “Times Disciplines Editor and Cancels Cartoon Contract Over Anti-Semitic Drawing” (we don’t know what that discipline entailed, but unlike the cartoonist, the editor wasn’t fired) and “After the Publication of an Anti-Semitic Cartoon, Our Publisher Says We’re Committed to Making Changes.” The text of both pieces described the cartoon as self-evidently anti-Semitic.

            On June 10th a Times article announced the end of political cartooning in the Gray Lady. Antunes’ cartoon, the Times stated flatly, contained “anti-Semitic imagery.”

            Accusing a political cartoonist of anti-Semitism is as serious as it gets. So something jumped out at me as I read the Times’ repeated characterizations of Antunes’ cartoon as anti-Semitic, so devoid of mitigating language: where was his response?

            “The New York Times never contacted me at any time,” Antunes now says.

            I reached out to the Times about this; I asked why they didn’t talk to him and how the paper made the determination that Antunes’ cartoon was anti-Semitic. James Bennet, the editorial page editor who banned cartoons and presumably wrote the editorials, did not reply to my repeated queries. (I gave him nearly a week to do so.) Neither did two reporters who authored pieces about Antunes.

            I did hear back from Stacy Cowley, who wrote the April 28th piece. “I dug around online and was unable to find any contact information for Mr. Antunes,” Cowley explained. “He has no publicly posted contact information that I could find, and as of the date I wrote my article, he had not publicly commented to any other news outlets about his cartoon. (Had he done so, I would have linked to and quoted his comments.)” Cowley said she tried to reach the editors of Antunes’ home paper in Portugal. She noted that she was working on a tight deadline.

            I reached Antunes via Facebook; he replied via email.

            Contacting the subject of a news story for comment is Journalism 101, a basic ethos taught to students at high school newspapers. That goes double when the article is critical.

            “Few writers need to be reminded that we seek and publish a response from anyone criticized in our pages,” the Times says in its Guidelines on Integrity. “But when the criticism is serious, we have a special obligation to describe the scope of the accusation and let the subject respond in detail. No subject should be taken by surprise when the paper appears, or feel that there was no chance to respond.” Given the gravity of the criticism leveled against Antunes, the Times appears to have fallen woefully short of its own standards.

            OK, Cowley was on deadline. What about the other articles? They appeared days later. One ran six weeks later. Antunes isn’t a recluse—he’s one of the most prominent cartoonists in Europe. I found him. So did other newspapers.

            The Times could have contacted the New York-based syndicate from which it bought Antunes’ cartoon; the syndicate has his contact information, as they do of all their contributors.

            Though scarred by his experience, Antunes says that he has not lost business. “The U.S. media” he says, “are prisoners of political correctness, right-wing turning [sic] and social media.” Europe, he says, is more tolerant.

            What’s clear is that the Times threw its cartoonist under the bus in a shockingly cavalier fashion—a practice that has become so common that it’s contributing to the imminent extinction of political cartooning.

            The Times owes Antunes an apology. They owe the two fired cartoonists their jobs back, along with back pay. Political cartoons should resume their rightful place in the paper.

            Finally, the Times owes its readers an assurance that they will never again succumb to the siren call of “fake news” as part of an ethically-challenged witch hunt.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: Don’t Fall for the First Amendment = Free Speech Trick

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Ted Rall

Image result for soviet censorship

Like climate change, this is one of those problems I keep expecting people to wise up about but — because they never do — it keeps getting worse.

Thus this tutorial.

The problem is that too many Americans conflate the First Amendment with free speech.

You see it when people discuss the current social-media crackdown against controversial right-wing radio talk show host Alex Jones and his website InfoWars. Jones was banned by Facebook, YouTube (which is owned by Google), Apple and Spotify, and more recently suspended by Twitter for one week. Writing in The New Yorker Steve Coll mocked Jones for calling himself the victim of “a war on free speech.”

“Such censorship is not unconstitutional,” Coll reminds readers. “The First Amendment protects us against governmental intrusions; it does not (yet) protect speech on privately owned platforms.”

The U.S. government is rarely in a position to censor Americans’ freedom of expression. Because the vast majority of censorship is carried about by non-government entities (like the social media companies blocking Jones) the First Amendment only bans a tiny portion of censorship.

Some government agencies do censor the press. A federal judge ordered The New York Times to halt publication of the Pentagon Papers in 1971. The LAPD, whose pension fund owned part of the parent company of The Los Angeles Times and was angry about my work criticizing its brutality and incompetence, ordered the Times to fire me as its cartoonist. They complied. Annoyed by an editorial in the local paper criticizing them for conducting random searches of high school students at basketball games using dogs, the police in Baker City, Oregon created a fake dossier of crimes committed by the editorial writer, which they used to get him fired from his job.

These cases are covered by the First Amendment. But they are outliers.

We can’t protect existing rights if we don’t understand the current parameters of the law. New rights arise from unfulfilled political needs and desires; we can’t fight for expanded protections without defining what is lacking yet desired. Schoolchildren and student journalists, both public and private, are constantly running up against censorship by teachers and administrators. Employers constrain political speech, obscenity and other forms of expression on the job. These are free speech but not First Amendment issues.

In recent decades opponents of free speech, mostly but not exclusively on the right, have relentlessly conflated First Amendment debates with those over free speech. The effect has been to reduce society’s expectations of how much freedom we ought to have to express ourselves.

Take the Jones case.

Writing for the website Polygon, Julia Alexander provides us with a boilerplate (liberal) response to Jones and his allies’ complaints that the big social media companies are suppressing his free speech. First she described some of the episodes that prompted banning Jones, such as pushing PizzaGate and Sandy Hook shooting denialism. Then she pounces: “It’s not a freedom of speech issue, nor one of censorship,” Alexander writes. “The First Amendment…gives American citizens the freedom of speech…The United States government isn’t bringing the hammer down on Jones. This isn’t a political issue, as badly as Jones might want to pretend otherwise.”

See what Alexander did? In just a few sentences she squeezes and smooshes the extremely broad practice of “censorship” into the relatively tiny box of “the U.S. government…bringing the hammer down.” I don’t mean to pick on her — I’ve seen this same exact ball of sophistry used over and over by countless other pundits.

Of course Twitter, Facebook et al. are censoring Jones. Of course the First Amendment doesn’t cover him here. Obviously it’s a freedom of speech issue. The question — the question pro-censorship folks like Alexander doesn’t want us to ask — is, is it right?

For what is right is not always what is legal (see: slavery). Alex Jones and his allies may or not be legit. Their political arguments often are not. But the question they’re asking here is legit and important: should companies like YouTube have the power to suppress speech — any kind of speech?

Alexander ends with a message you ought to find chilling: “Don’t publish vile content, and your video will probably be a-ok.”

“Probably”?

Who gets to define “vile”? Alexander? Mark Zuckerberg, apparently.

Obviously it is a political issue. But that’s not the main point here.

Free speech used to belong to the man with the means to buy ink by the barrel. Now you can buy a newspaper for pennies on the dollar, but who will read it? Much if not most of the political debate in our civic life takes place on platforms owned, controlled and censored by the companies blocking Jones’ content. They write and enforce their own rules. As private companies they are unaccountable to we, the people. We don’t know how they make censorship decisions or who makes them.

Perhaps this is a splendid state of affairs. Maybe Americans don’t mind surrendering control of political debate to faceless tech giants.

Whatever we decide, however, we deserve a transparent discussion. We ought not to let ourselves be fooled into falsely equating free speech to the First Amendment. Free speech means exactly that: everyone and anyone can say anything at all, anywhere they please, to anyone.

Every First Amendment case is a free speech issue. But only a tiny fraction of free speech issues is a First Amendment case.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Distributed by Creators Syndicate

(C) 2018 Ted Rall, All Rights Reserved.

SYNDICATED COLUMN: The Pledge of Allegiance is anti-American

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Ted Rall

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Right-wingers conflate nationalism with patriotism. But they’re not the same thing. Patriots love their country because it does good things; for nationalists it’s our country right or wrong. A lot of stuff nationalists call patriotic couldn’t possibly be more un-American.

The singing of the national anthem before sporting events, and the reciting of the Pledge of Allegiance, are prime examples.

The latest nationalism vs. patriotism controversy arrives courtesy of Colin Kaepernick, the African-American pro football player blackballed by the NFL for kneeling in silent protest over police shootings of blacks rather than stand for the signing of the national anthem alongside his teammates and fans before games. The “take a knee” movement has spread throughout the league, largely in response to President Trump’s crude remark that those who refuse to stand during “The Star Spangled Banner” are “sons of bitches.”

At football games and similar events where the anthem is sung, standers far outnumber kneelers — and that’s weird. Because if one person is kneeling against police brutality, then it stands to reason that standing up means you support cops gunning down unarmed black people. Are there really that many racists?

That, and when you stop to think about it, the whole idea of rote rituals to prove our loyalty run completely counter to what most Americans, liberal or conservative, think their country is about.

As I have written before, lefties and righties don’t have the same ambitions for the U.S. Following the tradition of the French Revolution and the Declaration of the Rights of Man, the Left idealizes individual rights. They dream of a country where everyone is not only created equal, but treated accordingly. The Right values empire. Rightists’ ideal America is a global military and economic superpower.

Still, the two sides have something in common. They want to be left alone, to live their lives as free of government interference as possible. Progressives want the government out of their bedrooms. Traditionalists want it out of their incomes. Totalitarianism — a form of government whose control over citizens’ daily lives leads to the requirement that everyone attend one meeting after another and report dissent to the authorities — could no more catch on here than North Korean-style displays of signs flipped by synchronized flags or parades of military hardware (though Trump wants to start those).

Like the singing of the anthem at games, the Pledge of Allegiance reflects a totalitarian impulse you find in fascist and authoritarian regimes, not democracies. The U.S. and Canada are the only countries on earth where national anthems are played at the start of sporting events. Even in many authoritarian states, the requirement that children (and athletes) swear fealty to the nation (or, as here, its flag) would be considered too creepy to contemplate.

When your country is crazier than Zimbabwe, it’s time to take stock — even if you’re a Republican.

Other nations require oaths of allegiance from those taking public office, like members of parliament. Some ask the same of foreigners seeking to become naturalized citizens. But the U.S. may be the only nation on earth to have a widely-used pledge of allegiance.

Children who refuse to recite the Pledge of Allegiance are routinely punished, criticized and ostracized, even in public schools. I know — it happened to me in elementary school. Kaepernick, a top-tier athlete, has been denied employment. These are obvious violations of the all-American value of free speech and expression guaranteed by the First Amendment.

The addition of “under God” in 1954, at the height of the McCarthy era and its rancid loyalty oaths, further violates another core principle of Americanism, the freedom to worship as you please or not at all as protected under the Establishment Clause of the US. Constitution.

In one respect, however, the Pledge of Allegiance owes its origins to something that couldn’t be more American: a huckster out to make a few extra bucks.

Why do Americans pledge allegiance to the “flag,” as opposed to the nation or its government? It boils down to capitalist greed. The origins of the Pledge date to 1892, when James B. Upham, the marketing executive of the popular children’s magazine The Youth’s Companion used the 400th anniversary of Columbus’ arrival in the Americas to promote a conference in honor of the American flag. He pushed the Pledge in his magazine as a way to promote nationalism and sell flags to public schools. Schoolhouses purchased 26,000 flags the first year alone.

Kids reciting the pledge were supposed to raise their arms at the same time — yep, the Hitler “sieg heil” salute before Hitler. World War II put an end to that in American schools.

Having traveled extensively, I have observed that the countries whose governments insist upon the most extravagant displays of nationalism line up neatly with those with the least personal freedom. In authoritarian China and the police state of Turkmenistan, national flags and banners extolling slogans and quotes of the ruling party festoon every government office and pedestrian overpass. As Turkey moves away from democracy and closer to autocracy, Turkish flag stickers multiply on automobiles.

It is the opposite in the European democracies. A Frenchman who hung a French flag from his front porch would be ridiculed by his neighbors, socialist and Le Pen supporter alike. It is not that the French and the Dutch and the Spanish and other Europeans do not love their countries as much as Americans do; if anything, most Europeans are grateful that their countries are not like ours. They are patriots. And they remember World War II, when those who liked to wave flags and insisted on loyalty oaths to the state turned out to be dangerous.

Everyone should sit out the singing of the national anthem. It’s archaic and uncomfortably reminiscent of fascism.

It is time to leave the Pledge of Allegiance where it belongs, on the dungheap of history, remembered as a clever way to move piles of colored cloth.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: After Charlottesville: If You Fire a Fascist, You Are a Fascist

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Ted Rall

Image result for charlottesville

No one should get fired for his political beliefs.

Not even a Nazi.

I am disturbed by the news that some of the white nationalists who attended the violent “Unite the Right” hatefest in Charlottesville last weekend are being outted on social media. Attendees have been on the receiving end of threats and doxxing. It was reported that a restaurant worker in Berkeley was canned after he was exposed on Twitter.

Needless to say — it ought to be, anyway — I hate Nazis, Klansmen and the like. Their politics and values are exactly the opposite of mine. Still, no one should get fired for parading around with torches like it’s Germany in 1933.

This isn’t a First Amendment issue. Nothing in our outdated constitution prevents an employer from firing you on account of your politics. In 2004 an Alabama company even fired a woman for having a John Kerry for President bumpersticker on her car.

It is a free speech issue.

A business has the right to control its employees’ behavior in order to protect its image. Particularly in a liberal stronghold like Berkeley but anywhere really, no one wants a waiter wearing a swastika tattoo or spouting racist views. But if Top Dog restaurant can fire a racist dude for racist views he expresses thousands of miles away, there’s nothing to prevent Google from firing a software engineer for sexism — or you for whatever you happen to believe.

Firing a worker for their politics — especially when those politics are expressed outside the workplace — is McCarthyism. McCarthyism is wrong, McCarthyism is immoral and McCarthyism ought to be illegal.

As usual during episodes like this, many of my comrades on the left are gloating over what they see as righteous payback against violent, racist, anti-Semitic thugs. This makes me very uncomfortable, and not just because it feels more like the “human flesh search engine” online vigilantism that occurs in China than the United States, where the MYOB ethos ruled pre-Internet.

I don’t deny that this is personal. My political views have gotten me targeted by a cyberstalker/identity thief, fired by a publication over a cartoon that appeared elsewhere in another venue, and defamed by a newspaper as a favor to the local police chief who’d cozied up to the paper’s publisher. I’ve been working long enough to observe that what’s popular today gets censored tomorrow, and vice versa. Top Dog gets plaudits for firing a fascist; next time the victim could be a garden-variety Democrat.

“Historically it’s more dangerous as an employee to be associated with racial justice and the NAACP, than it was to be affiliated with the KKK,” notes Walter Greason, a historian and professor at Monmouth University.

A sign posted by Top Dog management reflects a common view: “We do respect our employees’ right to their opinions,” the sign read. “They are free to make their own choices, but must accept the responsibilities of those choices.” The question is, should those “responsibilities” include being deprived of a livelihood?

I wish I had a dollar for every time I’ve read some variation of “You have the right to be a fascist/racist/sexist/jerk/communist, but XYZ Corp. has the right to fire you too.” Or, as Oli­ver Wendell Holmes, Jr. wrote in 1891: “A employee may have a constitutional right to talk politics, but he has no constitutional right to be employed.”

True, that’s the law. What I’m arguing is that free speech will always be meaningless until the constitution is amended. Workers should be protected from retribution for what they think and say.

We live in a capitalist society. Except for those born rich, we must work or else starve. The U.S. is the only nation with at-will employment. And jobs are hard to find. Under these conditions, without workplace free-speech protections, employees must think twice before they attend a rally, post a controversial memo, join a party or slap a bumpersticker on their vehicle. Are you willing to risk unemployment, poverty and perhaps homelessness — not just you, but also your spouse and children? If the answer is “yes,” God bless you. History is made by people like you.

For many others, though, the answer is “no, I can’t afford free speech.” The upsides of free expression are intangible while the downside risks are terrifyingly brutal. A 2016 Harris poll found that 33% of U.S. employees are afraid to talk about politics at work. Increasingly workers have to worry about losing their jobs as the result of talking about politics outside of work too.

The American workplace is a fascist state. It’s time to overthrow the millions of little Hitlers who think the fact that issuing a paycheck turns their employees into slaves subject to thought control.

Just don’t talk about this around anyone who knows where you work.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: What Happened When I Represented Myself as My Own Lawyer

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Ted Rall

Image result for attorney pro se

For a cartoonist, I turned out to be a fairly decent lawyer. But I didn’t want to represent myself. It took two vicious lawyers to force me into that position.

One of those lawyers was mine.

I’m suing the Times because they repeatedly, knowingly and intentionally defamed me after firing me as a favor to LAPD Chief Charlie Beck, a thin-skinned pol I’d criticized in my editorial cartoons. The paper responded by turning California’s “anti-SLAPP” law, designed to protect people like me against corporations like the Times and its parent company Tronc, on its head; this $400 million corporation is accusing me — a five-figure income cartoonist — of oppressing its First Amendment rights by using my vast wealth to intimidate them.

Before my case is allowed to begin in earnest, anti-SLAPP requires a plaintiff (me) to convince a judge that, if everything I allege in my lawsuit turns out to be true, I’d likely win before a trial jury. But anti-SLAPP is as confusing as French grammar, so many judges interpret the law much more harshly than it’s actually written.

All the lawyers I talked to told me that I’d almost certainly win at trial if my case survived anti-SLAPP and made it to a jury. Ironically, getting past anti-SLAPP would be our toughest challenge.

The lawyer who took my case agreed with this assessment. But when oral arguments for the first of the Times’ three anti-SLAPPs against me took place on June 21st in LA Superior Court, his firm inexplicably assigned a junior associate, Class of 2013, to take on Kelli Sager.

Kelli Sager, who represents the Times, is a high-powered attorney with more than three decades of courtroom experience, a senior partner at Davis Tremaine Wright, an international law firm that represents giant corporations.

I liked my junior associate. She’s smart and may someday become a great lawyer. But she was no match for a shark like Kelli Sager. Sager talked over her. My lawyer let Sager get away with one brazen lie after another, either too unprepared or timid to respond. She couldn’t even answer the judge’s simple question to walk him through what happened to prompt my lawsuit.

It was a rout. Sager was eloquent and aggressive. My lawyer couldn’t begin to articulate my case, much less sway the judge. I lost that round.

Determined not to lose the all-important important hearing number two, against the Times and Tronc, I asked my law firm to meet for a strategy session. Bafflingly, they refused to confer or to send a more senior litigator to the next one. Another defeat was guaranteed.

Then my firm fired me — days before that key anti-SLAPP hearing. I had no idea that was even a thing, that that could happen.

I swear — it wasn’t me. I was professional and polite every step of the way. I have no idea why they left me hanging.

Normally in such situations, legal experts told me, the court grants a “continuance,” legalese for a delay, to give me time to look for a new attorney and allow him or her to familiarize themselves with the case. But it helps a lot if the opposing side says they’re OK with it.

A continuance is typically freely granted, even during the most ferocious legal battles. After all, you might be the one with a family emergency or whatever next time.

But Kelli Sager smelled blood. Figuring I’d be easier to defeat without legal representation, she fought ferociously against my requests for a continuance. Thus came about the following absurdity:

I found a new lawyer. But he needed a few weeks to get up to speed. True to her standard scorched-earth approach to litigation, Sager refused to grant me the courtesy of a continuance. So I was forced to rep myself in pro per (that’s what they call pro se in California) on July 14th.

My heart was pounding as I approached the plaintiff’s table, standing parallel to Sager. And I’m an experienced speaker! I’ve held my own on FoxNews. I’ve spoken to audiences of hundreds of people. I’ve hosted talk-radio shows. Yet dropping dead of a heart attack felt like a real possibility. I can’t imagine what this would feel like for someone unaccustomed to arguing in public.

The judge asked me to proceed. I nervously worked from prepared notes, explaining why my case wasn’t a “SLAPP” (a frivolous lawsuit I didn’t intend to win, filed just to harass the Times), that the anti-SLAPP law didn’t apply. I attacked the Times’ argument that their libelous articles were “privileged” (allowed) under anti-SLAPP because they were merely “reporting” on “official police records” about my 2001 jaywalking arrest.

If they’d been “reporting,” the articles would have had to follow the Times’ Ethical Guidelines, which ban anonymous sources, require careful analysis of evidence and calling subjects of criticism for comment. They didn’t come close. These weren’t news stories or even opinion pieces; they were hit jobs.

I explained that the records weren’t official at all, the LAPD denied releasing Beck’s unprovenanced audio, which differed from the official one at LAPD HQ. Much of the discussion was about legal minutiae rather than the broad strokes of what my case is about: I wrote a blog for latimes.com, the Times edited it and posted it, Chief Beck gave the Times a blank audio they said showed I’d lied about what I wrote, I had the audio cleaned up and it showed I’d told the truth, rather than issue a retraction when they found out they were wrong the Times refused to change their behavior and continued to insist I’d lied.

There’s also the big picture: if a newspaper’s parent company sells its stock to the police, and that newspaper’s publisher is a crony of the police chief who accepts awards from the police union, how can readers trust that newspaper not to suppress criticism of the police? Do Black Lives really Matter if investigations of police brutality don’t always make it to print, if writers and cartoonists have learned they can get fired and libeled if they annoy the cops?

I will soon receive a transcript of the hearing. I will post it at Rall.com.

Sager’s counterargument boiled down to: newspapers can publish anything they want, even lies, because the First Amendment protects free speech — as if libel and defamation law don’t exist.

Her defense for the Times was not that I lied. The audio makes clear that I didn’t. Her defense, the defense for a newspaper, was that the truth doesn’t matter.

Arguments ran over two hours.

On June 21st the judge ruled against my erstwhile lawyer directly from the bench.

On July 14th, I at least gave the judge something to think about. He took the matter “under consideration.”

I await his decision.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: Sue the SOBs? It’s Harder Than You Think

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Ted Rall

8-15-16

Are you one of those Americans who say it’s too easy to file a lawsuit? As I can tell you from personal experience, it’s anything but. The canard that U.S. courts are jammed up by litigious jerks is based on anecdotes spread by corporate propaganda.

We do need “tort reform” — but we should make it easier to sue, not harder.

What about all those “frivolous lawsuits” you’re always hearing about? You hear about them because deep-pocketed corporations run TV ads complaining that they’re being victimized by predatory trial lawyers. The truth is, big companies don’t want to be held accountable in the courts for their misdeeds.
What most people don’t know is that judges are good at ferreting out frivolous lawsuits before they get very far. If you get sued, the first thing your defense lawyer will do is file a “motion for summary judgment” — a request that the judge throw out the case because it’s weak. Between this and other methods of winnowing out bad cases, at least 95% of civil claims never make it to trial.

The dirty secret is that American courts have created so many hurdles to sue that it’s become daunting for all but the most determined plaintiffs to pursue justice. My case against The Los Angeles Times illustrates how hard it is for an individual to sue a large entity.

The Times fired me as its editorial cartoonist in July 2015, apparently as a favor to LAPD’s police chief, whom I had mocked in my cartoons.

Neither I nor Times readers were aware that there was a conflict of interest between the paper and the fuzz: the LAPD’s union pension fund was a major shareholder of the Times’ parent company.

It ought to be illegal for a government agency or an entity associated with a government agency to buy stock in a media company — but it isn’t.

The Times published an article accusing me of having lied in a blog post. I was able to show that I’d told the truth. But after I sent the Times the exonerating evidence — which attracted worldwide media attention and calls for my reinstatement — instead of issuing a retraction and giving me back my job, Times executives doubled down, publishing a second piece reaffirming the first one. In March 2016, I filed suit in LA Superior Court against the Times for defamation, wrongful termination, blacklisting and other charges.

As I expected, the Times’ defense attorney filed a motion to dismiss my case on the grounds that it was not meritorious. The judge denied.

After that, California’s legal and financial hurdles became nearly insurmountable.
When free speech groups like the Electronic Frontier Foundation get behind something, I’m usually all for it. The First Amendment is my religion. But speech advocates’ support for a federal anti-SLAPP law is wrong — and terrible for freedom of expression. Perhaps they haven’t thought this all the way through.

Twenty-eight states and D.C. have passed anti-SLAPP laws. On paper, they sound great. A “SLAPP” (strategic lawsuit against public participation) is a lawsuit the plaintiff doesn’t think he’ll actually win. The purpose of a SLAPP is to harass you by forcing you to hire a lawyer and tie you up in court. It’s an intimidation tactic sometimes used by big companies to silence individual whistleblowers and critics. Is the problem really widespread? No one knows. No one has done a serious study.

If you get sued in a state with an anti-SLAPP statute, your anti-SLAPP motion is a powerful tool. Discovery (depositions, subpoenaing of evidence) halts. If the judge rules in the defendant’s favor that a suit is frivolous, the case gets tossed and the plaintiff pays the defendant’s attorney fees. This is supposed to make jerky plaintiffs think twice before filing a SLAPP.

There are two big problems with this theory.

First, anti-SLAPP isn’t likely to deter frivolous SLAPPs filed by wealthy companies and individuals. Wealthy entities have more than enough money to litigate anti-SLAPP and to absorb the potential awarding of attorney’s fees to defendants. In fact, proponents have never come up with any statistical evidence that anti-SLAPP laws deter frivolous lawsuits.

Second, the intent of anti-SLAPP laws — to protect the little guy from the big guys — is constitutionally prohibited. You can’t grant rights to some defendants but not others; there are plaintiffs and defendants, period. So there’s nothing to prevent a rich megacorporation from using anti-SLAPP against Joe Schmoe.

Which is how the LA Times, the fourth largest newspaper in the U.S. and part of a $512 million media conglomerate, was allowed to file an anti-SLAPP motion against a $300/week cartoonist. In other words, the Times censored my cartoons and tried to ruin my journalistic career for their owners, the police. Then they accused me of violating their First Amendment rights!

Starting with their anti-SLAPP motion, Times’ lawyers have unleashed a barrage of tactics to delay my suit and harass me. And it’s worked — for nearly a year, I haven’t been able to question Times editors or LAPD officials under oath or subpoena documents that would help me build my case — or my defense to the anti-SLAPP motion. I’ll get my case before a jury in 2018 or 2019 — if I’m lucky.

Or I’ll be broke.

Three days of anti-SLAPP hearings in Rall v. Los Angeles Times begin February 28th in LA Superior Court. My attorneys spent many hours preparing our opposition to that motion. Legal fees aren’t cheap, so the expense of defending against an anti-SLAPP filing before the case even begins is enough to deter some plaintiffs from filing valid lawsuits.

If the judge rules for the Times, I’ll be ordered to pay the Times their legal fees. The Times told the court their bills would be at least $300,000. If she rules for me, the Times can and probably will appeal to the Court of Appeals. That means more work for me and my lawyers and months, maybe another year, of delay — and justice delayed is justice denied. If the appellate court agrees with the Times, my case gets thrown out and I’ll have to pay the Times’ bills — which by then will be significantly higher.

I know I’m right. And I think the law is on my side. But by filing a lawsuit in an anti-SLAPP state, I’m risking bankruptcy. How many would-be plaintiffs get scared away from pursuing their legitimate claims? How many defendants get away with illegal behavior by abusing anti-SLAPP laws?

Anti-SLAPP opens the door to unfair defense tactics. LA Times lawyers invoked an obscure California statute to require me, as a non-California resident, to post a cash bond to guarantee the Times’ legal bills if they win on anti-SLAPP. They asked for $300,000; the judge knocked it down to $75,000. Just to keep my case going — before it begins, really — 75 grand was the cost of entry.

Thanks to concerned readers who gave to my GoFundMe campaign, I raised the $75,000. After I turned over the money to a bond company who filed it with the court (more fees there), the Times tried to get the case thrown out on the ground that the form hadn’t been filled out perfectly.

Still think it’s too easy to sue?

There’s hope for change. In 2015 Washington State became the first state to find its anti-SLAPP statute unconstitutional because it denies plaintiffs their fundamental right to a trial by jury. Anti-SLAPP, the Washington Supreme Court ruled, “seeks to protect one group of citizen’s constitutional rights of expression and petition — by cutting off another group’s constitutional rights of petition and jury trial.” Minnesota and D.C. may do the same.

Congress should pass a federal law about this — one that bans anti-SLAPP laws.

(Ted Rall is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

You Did It! $75,000 Crowdfunding Effort Succeeds, LA Times Court Bond Filed

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Ted Rall

YOU DID IT!

746 people.

$75,390.

Thanks to you, we beat back the Times’ despicable attempt to deny me a chance to prove my case in court.

Thank you so much.

Below I am posting an image of the bond filed at LA Superior Court. Amazing that so much money buys you such a crappy piece of paper! I was expecting a wax seal and gold embossing.

Here’s what happens next:

Additional donations up to $80,000 will help cover the 5% GoFundMe fee of $75,000 x .05 = $3750, plus the $1250 bond company fee, for a total of $5000.

Donations over $80,000, if any, will be applied to legal expenses such as flying from New York to Los Angeles to consult with my attorneys and to attend hearings.

At a hearing on Tuesday, August 23, the judge will be informed that we filed the required bond. That means the case moves forward. Thank you!!!

The Times’ anti-SLAPP motion is currently scheduled to be heard in March 2017. (The court could change the hearing date.) We will use the months between now and then to draft our defense to their anti-SLAPP motion.

If the judge rules for the Times, I will be hit with a judgement for the Times’ legal fees, which are expected to reach hundreds of thousands of dollars. The $75,000 bond would be applied toward that balance. The Times will go after me for the rest.

If the judge rules in our favor, the Times has the right to appeal to the Court of Appeals. Given their contemptuous behavior so far, we expect them to do that. We don’t know how long it would take to get a hearing date.

Again, if the Court of Appeals rules in the Times’ favor on anti-SLAPP, the Times will go after me for their legal fees.

If the Court of Appeals rules for me, however, we move forward toward trial in LA Superior Court on the fundamental issues of this case: wrongful termination, blacklisting, defamation, etc. We begin discovery, depositions. Finally, there is a court date.

After a verdict, of course, the  system provides for appeals to higher courts.

I am prepared for a long fight against an intransigent and unrepentant adversary, a corporate conglomerate without a conscience. I am mentally and physically strong. I have stamina and a lot of energy. Most of all, I have the truth on my side.

I want two things:

Accountability for Austin Beutner, Nick Goldberg, Paul Pringle, Deirdre Edgar, the Times, and Tronc. No one should be allowed to get away with what they did.

Exposing the corrupt relationship between the Times and the LAPD, and more generally between the press and the police, and government. In our system, you have to be rich or have (as I do) a public platform in order to get justice. It’s incumbent upon those few Americans who have the chance to fight back to show people what the system is really about: cozy backroom deals by the elites, who are determined to protect their privilege at the expense of the rest of us.

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Here is the court filing document, filed Tuesday at LA Superior Court. When we realized that it would take 2-5 business days for GoFundMe to release funds and perhaps an additional full business day for the bond company to issue the bond and get it filed, a very generous friend of a friend stepped forward with a very short-term loan so we could get it filed by today’s deadline. He was certain that this fundraiser would succeed. He had blind faith — in you, in me, that justice would prevail.

He’ll be repaid by early next week, after the GoFundMe money hits my account.

Bond

BondStamp

Jihadi Art Critics Circle

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Ted Rall

Garry Trudeau, creator of the comic strip “Doonesbury,” gave an acceptance speech for a Polk journalism award at which he criticized the Charlie Hebdo cartoonists for creating work that was insensitive to Islam, crossed the line, and thus brought a “world of pain” upon France.

The Religion Exception

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Ted Rall

American news media outlets refused to show the Charlie Hebdo cartoons that provoked the slaughter of 12 people in Paris last week on the grounds that their policies forbid the depiction of imagery that intentionally mocks religion. Which opens up a great loophole for politicians in trouble.

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