[Vision2020] The Tavern and Libel law

[keely emerinemix]

Speaking as a well-trained journalist, not to mention a friend of Joan 
Opyr's, I can say that Phil's attacks fall pathetically flat in front of my 
Birkenstock'd toes because I know they're not true.  Libel must be untrue, 
must hold the subject to scorn or ridicule, must be made with a reckless 
disregard for the facts, must be made with malice aforethought, and must be 
public.  I believe those standards have been satisfied.

But wait!  Libel law also recognizes that public figures are fair game -- 
the law calls it "fair
comment" -- and so anything Phil Roderick says about me is, alas, not 
actionable, unless I can prove the above as well as tangible loss or 
damages.  Now, I wouldn't think that being a school board member in Moscow, 
Idaho, would be so prestigious, but there you go.  I'm a public figure, and 
this is part of the territory.

Rest easy, Visionaires -- part of answering to a power even higher than Phil 
is that I also get to act with mercy and forgiveness, and I choose to.  I 
don't believe that I owe him an apology for anything, nor do I take 
responsibility for his behavior.  I'll do what I do as best I can, and I'm 
sure he will, too.

keely





joanopyr at earthlink.net" <joanopyr at earthlink.net>
Reply-To: joanopyr at earthlink.net
To: "Vision 2020" <vision2020 at moscow.com>
Subject: [Vision2020] Coming Soon: The Trail Mix Tavern
Date: Tue, 26 Apr 2005 16:21:30 -0700

Keely writes:

"People who accuse me of being on the take and promise to make sure my
career goes down in flames are free to continue, and people who are
appalled by their behavior should know that I'm not at all concerned."

As a well-trained journalist, I'm sure Keely knows that Phil Roderick's
various public accusations that she is "on the take" and/or getting payola
from the Trail family are legally actionable.  Phil can only hope that
Keely is much nicer than I am.  If I were she or she were me, I'd hire a
pit-bull attorney and have his incoherent, belligerant ass in court before
you could say "levy."  Once the damages were paid, I reckon I'd own myself
a piece of downtown property.  Perhaps I'd clean it up (is there enough
Pine Sol in the world?) and call it into the Trail Mix Tavern.  (If Dan
were willing, we could specialize in Carskalikazes.  They sound good.  How
much vodka do you use, Dan?  I like a lot of vodka.  And a twist of lime.)
Then again, perhaps I'd raze the building to the ground and salt the earth,
just to get rid of any residual goofball cooties.  Either way, that
building would be mine, mine, mine!

Melynda and I voted first thing this morning, shortly after 8 am, and the
place was packed.  My line (the O-P-Q-Rs) was quite short, but Melynda (in
the He-J-K-Ls) had to wait about 20 minutes.  Whatever is happening over
there, this seems to be generating as much interest/excitement as the 2004
Presidential vote.

Yes, again.

Joan Opyr/Auntie Establishment
www.auntie-establishment.com



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