Not My Free Speech
by Thomas Lindaman

Cartoonist and columnist Ted Rall has a three-word approach to everything: nothing is sacred. And he has delivered, such as suggesting 9/11 widows were motivated by greed and that slain Army Ranger and ex-Arizona Cardinal player Pat Tillman was an "idiot" and a "sap" for sacrificing his life for his country. When critics protest, he shrugs it off as expressing himself under the First Amendment.

Now, Rall is after conservative commentator Ann Coulter. In a speech at the Conservative Political Action Conference in Washington, DC, on February 10th, Coulter referenced the recent contest Iran is holding for the best Holocaust cartoons, in response to the controversy surrounding the anti-Muslim cartoons appearing in a Danish newspaper. Coulter said, " Iran is soliciting cartoons on the Holocaust. So far, only Ted Rall, Garry Trudeau, and the New York Times have made submissions."

Given the context of the comment, Coulter was trying to be funny. But who wasn't laughing? Ted Rall, the man whose motto is, "Nothing is sacred."

Rall followed with the following statement his website on February 11, 2006: "She [Coulter] lied. I have not submitted anything to any Iranian publication. I have no intention of doing so. And I have said that in public repeatedly. Obviously, in making such a statement, Coulter crossed the line into outright libel --- she intentionally stated a mistruth intended to harm my reputation. And obviously a libel suit is called for."

Since then, he has consulted with legal counsel and changed it from libel to slander, and has started accepting donations from his fans. But let me offer some unsolicited advice.

Putting Coulter's statement in context, it was not meant as a statement of truth. It was by my reading a joke, a poor one I grant you, but a joke nonetheless. A joke by definition is not something to be taken seriously, and courts have ruled this way for years. To claim a joke is going to ruin Rall's reputation is folly at best. Those who love Rall's work will continue to love it. Those who hate it will continue to hate it. Those ambivalent about it will probably stay ambivalent. If there is no jeopardy to his reputation, there is no slander case.

Rall is also considered a public figure. As such, the rules of slander change, introducing a concept called "fair comment." In short, this means that public figures are expected to endure unflattering commentary as part of their choice to enter the public arena. Again, a joke at Rall's expense would most likely fall into the "fair comment" category.

Finally, to prove slander the person must be lying.

Ladies and gentlemen, here is Ted Rall in his own words from his blog site, dated Wednesday, February 8, 2006: "[Blogger name deleted for privacy] somewhat sarcastically notes: If the Iranians are looking for "A Few Good Holocaust Comics," I just KNOW you'll have a sweet submission. You're the only cartoonist I know of that can pull this off. You go boy! I dunno about you but I'd take the Iranian prize money!!! P.S. Between the Iranian reward and the Dutch uproar, you gotta be (from a creative standpoint) LOVING it!!!!"

Rall responded: "Truthfully, I never love it when people get killed in the streets. No fun, that. It's obviously a little scary for a cartoonist to consider the potential for this sort of uproar. That said, as I've previously said in public, nothing is sacred. If I could think of a funny Holocaust comic, I'd draw one. So far, coming up blank. But hey, I'm only 42."

On this point, any slander case against Coulter falls apart.

Although I admire Rall's moxie for swinging for the fences, I find it odd that a man who says "Nothing is sacred" is so hyper-sensitive about Ann Coulter's comments. If he were truly living by his standards, he would let Coulter's comments slide instead of running to a lawyer to help "restore my reputation." What he fails to realize is that his reputation is based in large part to the very tactics Coulter used against him.

So, if you're reading this, Ted, let me tell you that you got beaten at your own game, and you obviously can't stand it. I'd call you a hypocritical crybaby, but I wouldn't want you to sue me for stating the obvious.

Thomas Lindaman is a Staff Writer for the New Media Alliance, Inc. The New Media Alliance is a non-profit (501c3) national coalition of writers, journalists and grass-roots media outlets. He is also Publisher of http://CommonConservative.com.

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