20 October 2010

Racism, Slander and Libel.

One of the neat things about the American way of doing things is the truth is a positive defense against the charges of libel and slander.

For example: if you accuse someone of being a two-bit whore you can assert that they charge 25¢ for sex.  If it is true, you are not guilty.  If it is not true, it's slander or libel depending on if you said it or printed it.

I propose that we apply the same standard to the accusations of racism.  Or rather, to the statements or actions that have caused someone to be accused of racism.

If I am robbed by a black man, saying that my assailant was a male of negroid descent is not racist; it is descriptive.  Saying all black men are thieves, even if based on this single assault, is.

Saying that the vast majority of illegal immigrants to the US are Mexican is not racist.  It's the truth.  Saying so should not cause an accusation of racism.  I would like to point out that calling someone a racist for noticing that there sure are a lot of illegal aliens from Mexico is defamation.  Since I see this in the media a great deal, that makes it libel.

The press will attempt to say that they have every right to level these accusations of racism because of the 1st Amendment.  I will agree; they have the right to say that.  They also are responsible for what they say.  The 1st Amendment is not a license to commit libel or slander.

It all ties into the truth.  If the person you are accusing of racism is a racist then the truth is on your side and you can say it and print it all you want without fear.  But if they aren't; you are committing defamation of character and you are liable for your words.

It's high time we start confronting the accusations of racism with libel suits.

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