Filmmaker sues Kerry, campaign aide over Vietnam documentary

[sabra]

http://www.boston.com/news/local/massachusetts/articles/2005/10/05/filmmaker_sues_kerry_campaign_aide_over_vietnam_documentary/

Filmmaker sues Kerry, campaign aide over Vietnam documentary


PHILADELPHIA --A filmmaker has sued Sen. John Kerry and a one-time campaign aide, saying they defamed him as they sought to block the broadcast of an anti-Kerry documentary during the 2004 presidential election.

The suit, filed this week on behalf of producer Carlton Sherwood and a Vietnam veterans group, is the latest volley in an ongoing battle over the documentary, "Stolen Honor: Wounds That Never Heal."

The Sinclair Broadcast Group Inc., which as of last year owned 62 TV stations that reached a quarter of all U.S. households, canceled plans to air the documentary during the razor-close Bush-Kerry race last fall and instead showed only portions of it as part of a broader program.

...

Sherwood's suit alleges that Kerry directed the DNC to issue a statement, which was untrue, that said the film was produced and funded by "extreme right-wing activists."

[Teaser]

1. insane

don't they ever unclamp their jaws?

[Cha]

12. Their "jaws"? they got their

jaws wide open and their butts clamped!

[1932]

2. It's funny to think that "extreme right- {or left-} wing activists"

Could be a defamatory statement to make about someone.

I know that I wouldn't want to be called "extremely right-wing" and I wouldn't be offended if someone called me "extremely left-wing." However, it's not like someone saying you have syphillis or that you cheated all your business partners.

[ThoughtCriminal]

3. Does Sherwood realize that if he goes to court

witnesses will have to testify under oath?

[daleo]

8. Yes, that would be interesting.

It could open up a lot of things in the film to scrutiny.

[karynnj]

15. Probably

which may actually be why this extremely right wing activist is sueing. They may want to have Kerry testify under oath still fishing for something he did wrong in the 70s - even though the FBI who followed him found no reason to continue surveillance.

[ClassWarrior]

4. So Carlton believes that being called an "extreme right-wing activist"...

...is slander.

Hm. Me too.

NGU.

[papau]

5. Interesting that the AP dropped the context of there being 5 lawsuits

Seems like 5 lawsuits so far

1) Carlton Sherwood, Red, White and Blue Productions, Inc. and Vietnam Veterans Legacy Foundation v. John F. Kerry and Anthony T. Podesta...........On October 3, 2005, Carlton Sherwood, Red, White and Blue, and the VVLF filed suit in Federal court (Defamation, Defamation/Business Disparagement, Intentional and/or Negligent Interference with Prospective and Existing Contractual Relations, and Civil Conspiracy Complaint, filed in Eastern District Court of Pennsylvania) against Sen. John Kerry and Anthony Podesta for events relating to the suppression of the documentary film Stolen Honor.

2) Jon Bjornson, M.D. (called a John Kerry Surrogate by the RW) v. Carlton Sherwood and Red, White and Blue Productions, Inc., Vietnam Veterans Legacy Foundation (THE BOARD OF DIRECTORS) and NewsMax.............A "Winter Soldier" has brought a lawsuit claiming that he was libeled by Carlton Sherwood's documentary Stolen Honor. In a complaint filed August 25, 2005, nearly a year after Stolen Honor was released, a man named Jon Bjornson alleges that Stolen Honor implied he was a "fraud and a liar" who made up stories of atrocities by US soldiers in Vietnam in order to deceive the American people (John Kerry relied on Bjornson's and others' accounts of war crimes and atrocities when he testified before the Senate Foreign Relations Committee).

3) 08/25/2005: Libel and Slander Complaint, filed in the Court of Common Pleas, Philadelphia County, PA .....Kenneth Campbell v. Vietnam Veterans Legacy Foundation and NewsMax and

4)Kenneth Campbell v. Carlton Sherwood and Red, White and Blue Productions, Inc.

On October 18, 2004, the plaintiff, Kenneth Campbell, filed suit claiming he had been defamed by Stolen Honor. Campbell is shown for a few seconds as he appeared more than 30 years ago at the "Winter Soldier" hearings held in Detroit, Michigan by the Vietnam Veterans Against the War (VVAW), where he testified about war crimes and atrocities that he said he personally committed or witnessed while in Vietnam. Campbell now alleges that Stolen Honor implies that he lied about those war crimes and atrocities.

5.)George Butler, Swift Boat Film, LLC and Winter Film v. Sinclair Broadcasting, Red, White and Blue Productions, Carlton Sherwood and John Doe 1-62..............On October 21, 2004, a copyright infringement lawsuit was filed in New York City by George Butler and others claiming that they owned the copyrights to the documentary films "Winter Soldier" and "Going Upriver: The Long War of John Kerry" and other photos used in Stolen Honor. Plaintiffs allege that defendant Sherwood was infringing those copyrights by using portions of the films and other photos in Stolen Honor, and that Sinclair Publications would also infringe on the copyrights if it showed Stolen Honor on its television stations around the country. The plaintiffs sought an injunction that would preclude the defendants from using excerpts of any of these works in any manner, including by showing Stolen Honor on the Sinclair television stations. The plaintiffs also sought unspecified damages and attorneys fees, including the disgorgement of any and all profits realized from Stolen Honor.

[0rganism]

14. Oh, this is verrrry interesting

Both the number of lawsuits (looks like 4 of them are against the film's producer and/or promoters) and the fact that the AP decided to prop up one of them above the others.

[kerrygoddess]

27. Any links?

Please... I'm working on something - a link would help.

[papau]

31. The lawsuits and descriptions are on the Swiftboaters website for

this new group.

[karynnj]

6. So Kerry called them extreme right-wing activists

Even if they weren't, they told lie after lie about Kerry. Seeing that they made an unbalanced hit piece that they wanted to play a few weeks before the election - no way they are not right wing activists.

[Missy M]

7. I hope the court throws this suit out. Our courts are crowded enough...

without this garbage being considered.

[Tesha]

29. Actually, it would be far better for us if this went to trial.

With full "discovery" procedures, depositions taken under oath,
etc. beforehand, of course.

Tesha

[Charlie Brown]

9. Talk about a frivolous lawsuit

This will undoubtedly go the same way as FOX's suit against Franken.

So, can Michael Moore sue McCain for calling him a disingenous filmmaker and all the other Republicans at the Convention who called him "a fat pig?"

[K-W]

10. But isnt "extreme right wing activist" a completely subjective lable? EOM

[Toots]

13. It is but it also happens to be true in a subjective sort of way

To me they are extreme and right wing and activists. :shrug: but that is just a subjective opinion. If I were to be objective about it I would come to the same conclusion about it I am afraid. They are what they are......

[Drifter]

11. You know what I don't understand ?

Is why Kerry did not fight back when all these (not so)Swift Boat documentaries came out.

All he needed to do was replay Debate #1 over and over.

Cheers
Drifter

[fedupinBushcountry]

20. Umm

he did and so did his supporters, we almost shut down Sinclair and his propaganda network. To bad you were not in on it, it was quite a defeat. Oh and there was only 1 documentary(if you want to call it that).

[blm]

21. Kerry fought back with legitimate articles containing FACTS. Mos broadcast

media chose to give hundreds of hours of airtime to the Swiftliars and their bogus charges instead of discussing the FACTS and legit investigative reports like the one Nightline did FROM Vietnam.

[ck4829]

16. You know what the funny thing is? Sherwood is an Extreme RW Activist!

http://en.wikipedia.org/wiki/Carlton_Sherwood

[Straight Shooter]

17. It was the anger from Sinclair shareholders that ultimately blocked it.

They paid attention to the justifiable outrage in the blogosphere and pressure came to bear not to show that travesty. That's what happened.

Somebody call a waaaahhhmbulance.

[lthuedk]

18. Discovery is a two way street.

It would be easy to prove Sinclair is extremist.

sp

[emulatorloo]

22. and maybe find out where the money REALLY came from --

and just how deep Bush and Rove really were into the swifties.

[Shakespeare]

19. COOL. Now we get to define (expose) them.

What an idiot.

[anotherdrew]

23. if that's defimation then it's time to sue o'riely and the rest

[nothingshocksmeanymore]

24. Someone tell Carlton the truth is always a defense

[Der Blaue Engel]

25. Why are they still so scared of Kerry?

They managed to fix the election...could it be they're just so pissed off that he really won that they want revenge even though they're hoarding all the candy?

Bunch of fucking whiners.

[Orsino]

26. Because * looks so shaky now.

The volume's up on the Clinton-hating lately, too.

[rucky]

28. I hope this goes to court

just to have the record show the lies of this propagandist and who's behind the $$.

[LTR]

30. Lemme get this straight...

Some guy makes an outright partisan hitpiece on Kerry, then the subject of the film trashes it. Then the smearmonger cries like a little bitch because Kerry called it no less than a partisan hitpiece in the media.

:eyes:

My those conservatives are a thin-skinned bunch. And that is yet another example of a 'conservative crybaby'.