Libel Law Expert: Liz Cheney is Still Wrong About Libel

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


Liz Cheney has already gotten some flak from this blog for claiming on live television that calling waterboarding and other “enhanced interrogation techniques” torture is “frankly libelous.” Now Mother Jones‘ own legal adviser, James Chadwick, has decided to drop some knowledge. Here’s what he says:

Liz Cheney’s been reading too much George Orwell and not enough first amendment. You can’t libel the government, and statements of opinion can’t be libelous. I think Liz Cheney would be particularly interested in defending the idea that what constitutes torture is a matter of opinion because if not, her father might be in a lot of trouble. She’s not talking about specific allegations about specific people. She’s talking about people saying what the US government did… was torture.

One of the reasons the founding fathers established the first amendment was to do away with the idea of seditious libel – libeling the king. You cannot be sued for saying bad things about the government, period.

If you do talk about specific individuals sanctioning torture, then all those individuals are unquestionably public figures, which requires the highest standard of proof that there is in civil law. “Clear and convincing evidence of actual knowledge of falsity, a reckless disregard of the truth.” I don’t think anyone can say it’s actionable to call waterboarding torture.

Bottom line: Liz Cheney doesn’t know what the heck she’s talking about.

FACT:

Mother Jones was founded as a nonprofit in 1976 because we knew corporations and the wealthy wouldn't fund the type of hard-hitting journalism we set out to do.

Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2020 demands.

FACT:

Mother Jones was founded as a nonprofit in 1976 because we knew corporations and the wealthy wouldn't fund the type of hard-hitting journalism we set out to do.

Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2020 demands.

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate