Juan Cole Threatened With Lawsuit By Lobbying Group

Shit like this can't stand:
just checked my campus mail and found a letter in it from Colonel Yigal Carmon, late of Israeli military intelligence, now an official at the Middle East Media Research Organization, or MEMRI. He threatened me with a lawsuit over blog comments I made here at Informed Comment, reprinted at anti-war.com. This technique of the SLAPP or Strategic Lawsuits against Public Participation had already been pioneered by polluting industries against environmental activists, and now the pro-Likud lobby in the US has apparently decided to try it out against people like me.

I urge all readers to send messages of protest to memri@memri.org. Please be polite, and simply urge MEMRI, which has a major Web presence, to withdraw the lawsuit threat and to respect the spirit of the free sharing of ideas that makes the internet possible.

Please, read Cole's entire piece, and respond with support in the manner he urges. A lobbying group is trying to silence blog criticism of its actions by levelling a lawsuit against an indepdent blogger who can't possibly compete with the financial resources the lobbying group will bring to bear in the legal case. What's next, Republicans trying to shut down the entire left-wing blogopshere through well-funded and completely unjustified lawsuits?

This sort of action is beyond horrendous. A well-funded lobbying group is trying to silence independent criticism of its actions by crushing its barely-funded opponents with well-funded lawsuits. If we don't fight this, we might all cease to exist in the near future. Support Juan Cole, or who knows what will happen next.



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Copyrights? (none / 0)

I find it interesting that MEMRI claims copyright on all of the articles it translates. Don't translations count as derivative works of the original? I'm not a copyright lawyer, but it seems to me that a lawsuit AGAINST MEMRI might be in order.
by Joe Jones on Wed Nov 24, 2004 at 12:57:58 AM EST

University of Michigan (none / 0)

U of M is where Jaun Cole resides. The law school there is one of the best in the country- I hope he could get some help from the proffessors and students in the law school.

Where is tort reform when we need it...

by Christopher Hitchens on Wed Nov 24, 2004 at 12:58:37 AM EST

I would hope (none / 0)

the ACLU gets involved.  This is a clear 1st Amendment issue, is it not?
by cls on Wed Nov 24, 2004 at 01:36:11 AM EST

agreed but before we commence with the knee jerk.. (none / 0)

 One thing that Mermi does which I do not believe should be an issue is its "cherry picking" of negative arab and or molslem articles.  Most of us on my DD do not go out of our way to highlight intelligent right wing articles or actions, we dwell on the negative which is natural when discussing an ideology that one does not agree with it.  It is a foundation of spin and argument and very few of us are above it.  Also most of us on the left seem to detest a religious based government her in the united states but Dr. Cole singles out Mermi for praising secular Arab movements and ignoring religious ones.  Sounds like a double standard as we are the first to bash the over zealous religious right in the United States.  What good for the goose..... I think Turkey is a model for the Moslem world and
the secular aspects of Arab culture is what made it the leader in science and literature while Jewish and Christian culture were lagging far behind.  I just wanted to point out some solid foundations in Mermi's arguments because I'm sure they will be systematically dissected before I add my agreement that the idea of a lawsuit is counterproductive to free speech and Dr. Cole has the right to draw conclusions and express his opinions, especially in the protected environment of academia, so I agree in this being a first amendment issue.

by latkah left on Wed Nov 24, 2004 at 03:22:34 AM EST

Re: agreed but before we commence with the knee je (none / 0)

That's a valid point, but irrelevant to MEMRI's accusation of libel. Was Juan Cole's charge (that MEMRI cherry-picks the worst of the Muslim press) false? No. If it wasn't false, it couldn't have been libel. You cannot libel someone with the truth. Period.

In fact, your argument makes MEMRI's case even worse, in that it shows that this charge wasn't particularly defamatory either.

If you're always playing the fear card, it's a pretty good sign you're not playing with a full deck!
by Mathwiz on Wed Nov 24, 2004 at 02:10:35 PM EST
[ Parent ]

Cole's Article (none / 0)

Before applying kneejerk outrage at MERMI's response to Juan Cole's article, I would suggest a close read of his work and response to MERMI's request for a retraction.  Cole uses some harsh language characterizing Jews as racists in "Greater  Israel."  He also gets himself in a bind over misinformed factual data (dates of service for the colonel and MERMI funding).

This is a battle of his (Cole's) own making.  As US troops used to say in the trenches of WWI: "If you shit in your own mess kit, you've got to eat out of it."  Cole used some strong, anti-semitic code language and he pissed off the wrong people.  Should bloggers protect every dog off the street when the bark up the wrong tree, or should they choose their First Amendment battles carefully?

by Bobodukor on Wed Nov 24, 2004 at 06:08:41 AM EST

Re: Cole's Article (none / 0)

The first amendment is just that free sheach for all. Wecan't pick and choose who gets it and what cost. Much as I can't stand Rush and the rest of the right wing wind bags I'll be the first ones to defend their right to sat what they want,Just as I will  the first to help support Fraken as well.
by likesun on Wed Nov 24, 2004 at 08:29:21 AM EST
[ Parent ]

Re: Cole's Article (none / 0)

I studied the middle east at university. Probably one of the most important things I learned was that there is no such thing as an unbiased commentator on the Arab-Israeli-Palestinian conflict. Oops, I just made a political statement by adding the Palestinians (but if I hadn't I would have made a different statement & by putting Arabs first...), but such is the nature of the beast. Everyone has a bias when it comes to that region. Also, the "Greater Israel" (Jordan + Israel + Syria + West Bank + Gaza) people are kinda crazy, but this is beside the point.

Looks to me like Cole was ranting and even Kos has gotten himself in trouble over ranting, it is a free speech issue. Cole should be allowed to rant and we have to protect him.  Because if we don't. the next thing we know Rush will be suing My DD for slander for saying he's a 300 pd drug addict.

by tiberius on Wed Nov 24, 2004 at 09:03:38 AM EST
[ Parent ]

Re: Cole's Article (none / 0)

Cole uses some harsh language characterizing Jews as racists in "Greater Israel."

Again, even if true, that's irrelevant. You do not libel MEMRI by "characterizing [unspecified] Jews as racists," regardless of the charge's accuracy or lack thereof. You can only libel MEMRI by characterizing MEMRI as racist. And even that is difficult, since it would generally be considered a matter of opinion.

He also gets himself in a bind over misinformed factual data (dates of service for the colonel and MERMI funding).

It's hard to see how "misinformed" dates of service would either constitute actual malice or be defamatory.

I still don't see a valid libel case here.

If you're always playing the fear card, it's a pretty good sign you're not playing with a full deck!
by Mathwiz on Wed Nov 24, 2004 at 02:21:30 PM EST
[ Parent ]

For the life of me, I can't figure out... (none / 0)

...how to respond to MEMRI on this and remain "polite."
by JDWalley on Wed Nov 24, 2004 at 07:12:38 AM EST

Bloggers, don't worry (none / 0)

Prof. Cole is intelligent and well-versed with such idiocy, and is unlikely to back down. He also has the resouces of the Univ. of Michigan to draw upon if MEMRI were so foolish as to join UM as a party to the lawsuit. So Prof. Cole is not going to be lightly SLAPPed away.

Other bloggers may not be so fortunate. However, there are many internet, free speech, and civil rights groups that may be happy to assist bloggers against this sort of suit, like the EFF and the ACLU. If these suits become common, resources and legal research to defeat them will spread quickly, even across partisan lines. Blogs devoted to beating (and avoiding) SLAPP suits will pop up or be more widely read. Enterprising law students or attorneys might consider offering advice on such topics a good way to build readership!

Most complaints will be so frivolous that a boilerplate answer and Motion for Dismissal / Motion for Summary Judgment / Demurrer or similar pleading could be downloaded from the web, relevant facts cut-'n-pasted in, copies of relevant blog posts and documents attached as exhibits along with a pre-fab appendix describing blogs and internet media for the benefit of state and federal trial courts who may be unfamiliar with the blogosphere, and filed by the blogger with perhaps no financial burden. It would take some time, but then bloggers have time. Otherwise, they wouldn't blog.

by Silent E on Wed Nov 24, 2004 at 10:33:24 AM EST

Re: Bloggers, don't worry (3.00 / 2)

I'd note the following:
  1.  Cole's comments are generally opinions - for example, "bias" is fundamentally an opinion issue, not factual, so MEMRI can't sue (and win) for that.  More broadly, the blog title says "Thoughts on the Middle East, History, and Religion" and blogs are essentially opinion columns.
  2.  Legally, slander and Libel are spoken and written defamation, respectively.  Proving defamation requires showing that factually inaccurate statements were made that have harmed the victim's reputation or standing in the community.  Indeed
  3.  MEMRI is public - they are a lobbying and media organization.  The thresholds for defamation are much higher for public figures and organizations.  The plaintiff must prove that the defendant had KNOWLEDGE that the statements were false, acted with ACTUAL MALICE, or was NEGLIGENT in making the statements.  These are very high burdens to clear.  Cole states his factual errors were based on an absence of information.  Was he negligent - probably not, especially if he can cite ANY source for the $60m funding figure.  And, of course, there is still the question he raises of whether such an inaccuracy would be defamatory.  Accusing someone of being rich is not defamatory.
  4.  Insults and epithets, like calling Rush Limbaugh "a narrow-minded, fat-assed, pill-popping hypocrite bastard," are generally not actionable for defamation because they are "emotional outbursts" that demonstrate intense dislike but are not taken literally.  Cole could argue that part of his statements regarding MEMRI, even if technically inaccurate (e.g., Rush Limbaugh may not actually have been born out of wedlock), are "emotional outbursts" not intended to be interpreted literally.
  5.  Cole can argue he's just a blogger.  His statements are made in a personal forum, and so cannot be expected to have any great impact on the reputation of MEMRI.  By comparison, he did not make the statements in published print media, in an academic journal, at an academic conference, with the explicit agreement of U.M., or on a major news media website.  As such, the statements do not have the same weight and power that formal published articles have, and so cannot be damaging to reputations.
  6.  Cole's actually at a slight disadvantage because he publically identifies himself as an academic expert on the subject he writes about, so his statements still might have some impact.  Most bloggers, though, are not experts so there's far less reason to think their assertions would be damaging to the character of a potential plaintiff.

Are you still a concerned blogger?  
  • Check your facts.  
  • Have a source for them. (any reasonable source - as long as you can say "the statement was not knowlingly false and I didn't just make it up; see -- I got the facts from here... ")
  • Don't be "actually malicious".
  • Alter to your template to insert: "I think that..." at the start of every post.
  • Include a footer with a disclaimer that all statements are opinions of the author and are not intended to harm any reputation or defame any individual, organization, or other entity.
  • Donate to the ACLU.
  • Spread the word to your fellow bloggers - if bloggers in general are careful with their statements, the credibility of the blogosphere will make it easier to defend bloggers.

by Silent E on Wed Nov 24, 2004 at 11:05:40 AM EST
[ Parent ]

Re: Bloggers, don't worry (none / 0)

Insults and epithets, like calling Rush Limbaugh "a narrow-minded, fat-assed, pill-popping hypocrite bastard," ... even if technically inaccurate (e.g., Rush Limbaugh may not actually have been born out of wedlock), are "emotional outbursts" not intended to be interpreted literally.

ROFL! Good one, Silent E!

If you're always playing the fear card, it's a pretty good sign you're not playing with a full deck!
by Mathwiz on Wed Nov 24, 2004 at 02:28:43 PM EST
[ Parent ]

How pathetic (none / 0)

that professor Cole, having been caught in several lies, now tries to pretend he's David against Goliath.  He is a professor at the University of Michigan and has several resources at his disposal.  MEMRI, despite what he claims, is a not-for-profit which, while not penniless, is not exactly rolling around in cash.

The First Amendment protects speech, and gives Cole plenty of protection even if he does, in fact, libel an organization, because it provides heightened protection.  That's enough to protect him, and he should be prepared on it.  If poor professor Cole needs to set up a legal defense fund, there are plenty of anti-semites out there who will be prepared to help him.

I've always felt MEMRI "cherry picks" as well.  But they provide an invaluable translation resource.  And the fact remains that there is quite an orchard of cherries to pick when it comes to Arab and Muslim incitement.

by JPhurst on Wed Nov 24, 2004 at 10:45:57 AM EST

Re: How pathetic (none / 0)

U.M. will only defend Prof. Cole to the extent that U.M. is a party to the lawsuit, or to the extent that Cole's blog is an extension of his official duties as a U.M. professor.  I.e., they will cover their ass and nothing more.

A poster at Brad DeLong's website found MEMRI's tax information (I think) reported revenues of $1.7m.  Far less than $60m, to be sure, but likely more than ten times that of Prof. Cole.  Perhaps neither is David or Goliath, but one of the two has much deeper pockets.

"pathetic", "caught in several lies", "poor professor Cole", "anti-semites ... to help him"
Your bias is showing.

by Silent E on Wed Nov 24, 2004 at 11:18:05 AM EST
[ Parent ]

Re: How pathetic (none / 0)

Yes, I have a bias against liars such as Professor Cole.  There may be questions as to whether rhetorical hyperbole such as Cole's is actionable as defamation.  But it's clear he was extremely shoddy with his facts when it came to MEMRI, and MEMRI has every right to complain.
by JPhurst on Wed Nov 24, 2004 at 12:00:27 PM EST
[ Parent ]

Re: How pathetic (none / 0)

"Liars" - where is the evidence of actual knowledge?

"Shoddy" - I'd have to agree.  While Googling "MEMRI annual budget" turns up a link to a USC journalism report citing a figure of roughly half a million dollars for 1999, that's it.  I'd be interetested in where the $60m figure comes from.

by Silent E on Wed Nov 24, 2004 at 12:19:42 PM EST
[ Parent ]

Three Strikes... (none / 0)

  1.  Cole said that MEMRI had $60 million.  They did not.  The fact that he didn't know the actual number (less than $2 million) doesn't change the fact that he made a false statement.

  2.  Well, this is less a strike than a foul tip that barely connected.  Cole says that MEMRI only portrays Arabs in the worst light.  Now he admits that MEMRI has a "reform" project, but that that's not good enough because it only showcases Arabs of an accomodating political view.  I do think MEMRI cherry picks.  Again, there are plenty of cherry's to pick.  MEMRI's exposure of the "blood libel" news articles that were making the rounds in the Arab media should be required reading.

  3.  Cole claimed that MEMRI was a PR arm of Likud.  It is not.  This is the same slime tactic that anti-Israel people regularly use against pro-Israel lobbies or commentators, that they are a foreign agent disloyal to the good old U S of A.

Is it ground for a libel suit?  I doubt it.  The first statement, although untrue, isn't really defamatory (I said you had more money than you did, so what?).  The second statement is non-actionable opinion.  The third statement was cloaked in enough weasel words so that Cole can wiggle out of any claim (what the hell does "essentially functions as" mean?).

Cole can't be hit with libel, but that shouldn't distract from the fact that he was extremely dishonest in his blog, enough so that I have no problem calling him a liar.

I would be shocked if MEMRI sued, especially since they got what they wanted from Cole.  His retort essentially admitted the falsity of his original statement.  So for every Justin Raimondo that tries to circulate Cole's column in an attempt to smear MEMRI, there is now a remedy available; Cole's own "non-admission admissions."

by JPhurst on Wed Nov 24, 2004 at 12:46:23 PM EST
[ Parent ]

Re: Three Strikes... (none / 0)


Cole said that MEMRI had $60 million.  They did not.  The fact that he didn't know the actual number (less than $2 million) doesn't change the fact that he made a false statement.

He did, and it was careless of him. He has stated that he will agree to provide a correction when he is provided with the actual amount.

As I posted on Brad DeLong's site, one should not assume that the $1.7 million of support reported by MEMRI on its 2002 Form 990 is the group's total support. Donations of services are not reportable. MEMRI had a payroll of about $350,000, half of which was for just two employees. That leaves $175,000 for all other staff of an organization that has offices in D.C., Berlin, Brussels, Israel, London, and Moscow. It is quite possible that there are people in those offices providing services to MEMRI, but compensated by a third party. But not anything near enough to equal a $60 million organization, I'd bet.

Cole claimed that MEMRI was a PR arm of Likud.  It is not.

No, Cole said "MEMRI is one of a number of public relations campaigns essentially on behalf of the far right-wing Likud Party in Israel." The language is clear, just as it is clear in the following statement: The Swift Boat Veterans for the Truth was a public relations campaign essentially on behalf of the Bush/Cheney campaign.

by Ottnott on Wed Nov 24, 2004 at 02:20:57 PM EST
[ Parent ]

Re: Three Strikes... (none / 0)

Cole actually wrote:
MEMRI was founded by a retired Israeli colonel from military intelligence, and co-run by Meyrav Wurmser, wife of David Wurmser. David Wurmser is close to the Likud Party in Israel and served in Douglas Feith's Office of Special Plans in the Pentagon, where he helped manufacture the case that Iraq had weapons of mass destruction and was linked to al-Qaeda.  . . .

MEMRI is funded to the tune of $60 million a year by someone, and it is a sophisticated anti-Arab propaganda machine. The organization cleverly cherry-picks the vast Arabic press, which serves 300 million people, for the most extreme and objectionable articles and editorials. It carefully does not translate the moderate articles. I have looked at newspapers that ran both tolerant and extremist opinion pieces on the same day, and checked MEMRI, to find that only the extremist one showed up. It would sort of be as though al-Jazeera published translations of Ann Coulter, Bill O'Reilly, Sean Hannity, Rush Limbaugh, and Jerry Falwell on Islam and the Middle East, but never published opinion pieces on the subject by William Beeman or Dick Bulliet.

MEMRI is enormously popular with strong Jewish nationalists in the United States . . . the main objection is the selectiveness of the material. MEMRI is one of a number of public relations campaigns essentially on behalf of the far right-wing Likud Party in Israel that tries to shape American perceptions of Muslims and the Middle East in a negative direction.

Lets look at the "three strikes".

1.  I think we've agreed that his funding number was incorrect.  As I said, I would be interested to know the origin of his figure.  I doubt it was made up out of thin air or deliberately, but it might have been from another inaccurate source, or a number for another group, or even from shoddy research.  In any case, it would be useful to know why it was wrong.  The statement was false in the sense that it was inaccurate - but mere inaccuracy does not demonstrate deception or malice.

Moreover, Cole writes today:

MEMRI Funding

I have received several emails from people who looked up the funding for MEMRI in the internet guide to charitable organizations, and found that it reported income of a little less than $2 million a year.

But that is only the United States. MEMRI is an international organization. It has, for instance, a Berlin branch, which has also brandished lawsuit threats.

Does it have an Israel office? If so, housed where? How much of its work is done offshore? Why did Brian Whitaker find that three of its Washington staff was ex-Israeli military intelligence?

In fact, MEMRI's website lists several international bureaus, including its main Media Center in Jerusalem, and it largely silent as to whether these other bureaus are independent or are also financed out of the budget for the US 501(c)(3) organization.  $500K to $1 is good money for a Washington lobbying shop; for an international translation service (offices in at least three countries, services in 8 languages!), it seems a bit low.  I'm not sure how many people it would take, but that kind of money isn't going to pay very many translators in Washington or Berlin.  Still, I have no additional information so I would like to see some light shed on the origin of the $60m number, or some information that perhaps MEMRI's US budget does not account for its overseas operations.

2.  Cole says that when there are moderate and extreme Arab columnists, MEMRI nearly always translates only the extreme columns.  You agree he is cherry-picking.  As Cole states in his response, he is addressing the problem that MEMRI ignores moderate religious voices in the Arab press - and so the fact that it offers translations of secularists is not relevant.  I think those secular translations are somewhat relevant, but still his point that the moderate religious voices are being omitted is important.  

Much the same happens in the US when conservatives marginilize and ignore moderate Christians, prefering to cast political and social struggle between only a pious extreme Evangelical Christianity and the evil Secular Humanists.  The fact that there is a Christian Left, and that many Catholics are opposed to war and the death penalty is left out.

3.  Cole did NOT say MEMRI is part of the Likud political party, as his correspondent suggests.  You claim he used "weasel words", but their meaning is not weaseling: MEMRI and Likud party pursue some similar political goals.  MEMRI works to support its agenda, and that agenda is also supported by Likud.  Likud supporters use MEMRI research.  MEMRI was co-founded by the spouse of someone "close" to Likud.  Cole did NOT say that Likud finances MEMRI, that MEMRI has made improper political contrbutions either in Israel or America, the MEMRI acts at the direction of Likud, or vice versa.  Cole at no time stated or implied that MEMRI was "affiliated with the government", "received government funding", or that Col. Carmon was part of the Likud Party.

So one strike - and the most inconsequential of the three.  And since only one of his statements was false, I'm not sure that MEMRI gets anything out of this other than a reputation for hypersensitivity.

by Silent E on Wed Nov 24, 2004 at 02:42:07 PM EST
[ Parent ]

Re: How pathetic (none / 0)

Everybody, even the most rigorously fair analyst at the CATO Institute, cherry-picks.  Anybody who thinks different is a good buyer for the Brooklyn Bridge.
by drlimerick on Wed Nov 24, 2004 at 12:13:03 PM EST
[ Parent ]

slapps (none / 0)

As I recall, Atrios and one or two other bloggers have been SLAPPed.  (Remember the slogan "I am Atrios"?) It was right about the time, and as effective as, Fox v. Franken.

Still and all, there should be (and probably are) anti-SLAPP clinics attached to law schools here and there.  Maybe even at Michigan.

by drlimerick on Wed Nov 24, 2004 at 12:09:33 PM EST

No case (none / 0)

IANAL, but after reading MEMRI's letter and Juan Cole's response, I'm pretty convinced MEMRI doesn't have a case here.

501(c)3 groups are, by definition, corporations, which are considered public figures. So the Sullivan precedent applies. Besides, libel would be hard enough to prove in this case even without Sullivan.

As the judge said in the Fox News v. Franken case, "there are hard cases and there are easy cases. This is an easy case."

The only real concern is that MEMRI might follow through on their threat, and sue anyway, even knowing they're going to lose. Then Juan Cole would need legal assistance to prepare his defense. If that happens, I'd advise his legal defense team to ask the judge not only for attorneys' fees, but also to sanction MEMRI for filing a frivolous lawsuit. SLAPPs won't stop until they're too risky to pursue anymore.

If you're always playing the fear card, it's a pretty good sign you're not playing with a full deck!
by Mathwiz on Wed Nov 24, 2004 at 02:03:43 PM EST


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