Kerry campaign couldn't possibly be calling for the ban of a best seller, could they? They already know the publisher (Regnery) is not going to bow to pressure so what leverage do they have?
Under NYTimes vs. Sullivan, the only way Kerry, a public figure, could prevail in a libel suit would be to prove that the allegations were materially false and were made with actual malice. At worst, the allegations are differences of opinion, which is always fair game. That's what politics are about, differences of opinion, robust, sometimes sharp. Courts will err on the side of promulgating debate, not stifling it.
Even if Kerry was foolish enough to file suit, no way they'd get a trial for 6 months, too long after the election to do any good whatsoever.
Bottom line, Kerry has to know this, he's a lawyer and so is his Veep candidate Edwards. He has to know that he has to suck it up. |
