Thursday, October 11, 2007

Why Doesn't Clay Aiken Sue?



Some people have said that they believe the defamatory stories that the tabloids and gossip bloggers have published about Clay Aiken. They say that if these stories weren't true that he would sue them. This is a false assumption because the First Amendment protects tabloids and gossips from legal responsibility in America. The onus is on the victim to prove that the allegation is false and also to prove MALICE.

Celebrities have successfully sued for libel and defamation in the UK where the laws put the responsibility on the defendant [i.e.tabloids] to provide their sources and to prove the truth of their claim. The victim is presumed innocent. The First Amendment needs to be re-written to protect the victims in the USA.

The law does not protect Clay or anyone else in the public eye from outright lies and character assassination. All they need is a source, any source, including fame seekers, stalkers, anonymous tipsters, tabloids and rumor mills.

Take the following attempt to sue Perez Hilton for publishing defamatory statements about Samantha Ronson as an example.

Perez Hilton aka Mario Lavandeira published a report claiming Lindsay Lohan's friend, Samantha Ronson, planted cocaine found in the actress's car after a crash.

Samantha Ronson sued Perez Hilton for defamation after he repeated a report that first appeared on the Web site CelebrityBabylon.com.


"I am not now and have never been a drug user," Ronson stated in a supplemental declaration filed with the court on Monday. "I have never handled or touched cocaine. I did not ever place any cocaine at any place at any time."


According to the lawsuit, both postings defamed Ronson by stating she planted drugs that were found in Lohan's car after it crashed into a tree in Beverly Hills on May 26 and that she set up her friend to be photographed while under the influence of alcohol.


Hilton's attorney, Bryan J. Freedman, said his client made sure the information was "accurate and trustworthy" before he published his report.


"He stands by his actions as being legal and proper and believes that the First Amendment protects him," Freedman said.


Ronson must prove that even if the report was erroneous, Hilton acted maliciously


"The judge at this point found that they didn't provide any evidence of malice"


"If Ms. Ronson is attempting to get some sort of relief in court and to show that Mario Lavandeira had any malice, I think she's going to a hardware store for milk. It's just not going to happen," Freedman said.


No doubt that Clay Aiken and his attorneys understand that he could not win a similar suit because of the inadequate protection provided by the law. He would only bring more attention to the lurid allegations and waste a lot of money on court costs.

If Oprah Winfrey and other stars who are far wealthier and more influential than Clay Aiken can't, and don't, sue for these tabloid lies then why would anyone not understand the futility of such a lawsuit?


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28 comments:

  1. Anonymous11:55 AM

    How sad that celebrities aren't entitled to the same protections under the law as "regular" citizens.

    You are right. The laws should be changed. The internet has made it truly open season on public figures.

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  2. Anonymous12:09 PM

    What a shame the laws in this country are not protective of everyone equally. Celebrities appear to have no protection under the law on these matters.

    Maybe someone should look at who owns the tabloids to see why this situation has been allowed to happen. Where do they put their political support? Surely, decent legislation on this issue is LONG overdue.

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  3. Anonymous12:14 PM

    I know you are right, but I find it very frustrating to sit back and watch this happening to Clay. I can imagine how he must feel. I wish there was something I could do. I know you are doing what you can to try and get the TRUTH out there.

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  4. Only in America can you slander a innocent party and "laugh" about it! Scheesch! What a Country.

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  5. Thanks, Chexxxy, for shedding light on why celebrities rarely sue these tabloids for printing slanderous lies. Apparently, it would be a losing battle, and a waste of their time and money. Clearly, some laws need to be changed.

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  6. Thanks you for publishing this information. Many laws need changing in this world that has outgrown the ones in place.

    It's definitely time, when someone can make up blatent lies about others and spread them around. Proof should be required as it is suppose to be in journalism, and every journalist, whether a tabloid writer or an internet blogger should be held accountable.

    I understand that we are protected by our first ammendment rights from the kind of things that go on in countries where citizens are only allowed to read propaganda, but what else is lies? Where is the difference? I submit that malicious lies are propaganda and we should be protected from that, no matter who we are. A celebrity is no less a person just because they are a celebrity.

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  7. I think it's high time the general public takes the tabloids and tabloid owners to task since the celebrities can't do it. From this day forward I will not purchase reading material published or owned by American Media Inc. I guess what I'm saying is that I will personally boycott them.

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  8. Billie1:03 PM

    Me too, what Oh crap said!!!

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  9. The court has also ruled that it is not defamation to call someone gay.

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  10. Anonymous1:39 PM

    Truth Rules said...
    The court has also ruled that it is not defamation to call someone gay.


    So I guess it's ok then if someone is labeled a con-artist, liar, opportunist and stalker. :) Especially when this person is now considered a 'public' figure (but obviously not on or near the same level as people with class).

    Great Blog Chexxxy!!

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  11. Blogreader1:45 PM

    Well, I've no issue with them ruling that calling someone gay is not defamatory - unless the person has stated that they are straight, which Aiken has. Then I'd say it is defamatory because the person is being called a liar (by implication), not because they're being called gay.

    But I guess Dickens got it right - "the law is an ass" for sure when it can be used to protect character assassins and the victim has no recourse. One would think a scandal-sheet would be considered to be acting with malice by definition! Only in America...

    Thanks for laying it out there so clearly - this is helpful.

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  12. Anonymous1:46 PM

    This past week I didn't even attempt to look at a NE. I did see the headlines from that piece that the Kansas TV station did. Will Angelina Sue?

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  13. Anonymous2:34 PM

    What a perfect choice Paulus is to front a smear campaign. Ex-military to give him credibility. The ability to pass a lie detector test - due to psychological warfare training and being a pathological liar. Of course, passing a lie detector test set up by a tabloid which never has truth on its side is a total laugh riot.

    In addition, he has no morals, no scruples, no conscience. He's psychopathic and a narcissist with one-time delusions of being a porn star. They dangled a carrot under his nose and he couldn't resist. He tried to destroy the life and career of a pop singer for personal gain. Never forget that.

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  14. Anonymous2:56 PM

    The tabloids have made sure that these bogus stories on Clay have never made the international editions. That's because the laws are different there and the tabloids would have to prove the allegations are true and they can't do that. Clay could sue overseas and win BIG. They want to make sure that doesn't happen.

    This was always a multi-pronged smear campaign. Many of the attackers involved are in it to suit their own agendas and for their own benefit. Count Paulus in that mix.

    This didn't start with Paulus. He's their pawn and if the sh*t hits the fan, he's the one who's going to take the fall.

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  15. Anonymous3:54 PM

    Thanks for posting this, Chexxxy. It really is a sick situation when you can PROVE that the story is a lie, but still can't win a lawsuit because you have to prove malice, which is nearly impossible in this country. This is how the OC gang has gotten so much fake crap printed. Bina and her bunch of hags just has to send it to the crap seller of her choice, and they print it. But hey, they're just havin' fun!

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  16. Anonymous4:00 PM

    I still think RCA/AI/19 is behind this. Perez Hilton is their main water boy and he takes every opportunity to say that he knows without a doubt that Clay is gay. That's because he knows he can't get sued for saying someone is gay. He does whatever they want him to do with their clients - to either promote or defame. Notice how his status has increased in the last year. That's his reward.

    If you look at the other players in this campaign, ie. Terry Goldman, who has ties to RCA, and Roger (Clay's one-time pseudo-publicist) who has been the publicist for all the idols and has now moved over to 19M, that just makes it more official. Simon Cowell uses every opportunity to say that Clay is gay. That's because saying a male pop singer is gay is the kiss of death to their careers, at least in the US. They know exactly what they are doing. A successful Clay makes Simon look stupid and Simon has plans to become the heir apparent to Clive Davis.

    Paulus is just the schlub their gay mafia friends hired in exchange for a chance at a porn career. If the FBI comes calling, they'll scatter like the cockroaches they are and abandon the little general (Paulus).

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  17. Anonymous4:01 PM

    Great blog, Chexxxy! I'm so proud of you, going forward despite the obstacles thrown in your path. Your goal to uncover the skanks behind this horrendous plot to destroy a fine young man is so full of merit that I trust you'll succeed beyond all our wildest dreams. We're all waiting for the 'glory day' that the moneymen behind this sordid operation are BEHIND BARS! Hopefully, the stinky little wannabe porn creep will be joining them.

    Hey, cfi, turn state's evidence NOW and save your hide! What you've been doing is CRIMINAL and you're all going down....it's just a matter of time!

    Keep up the good work, Chexxxy. We've got your back!

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  18. Anonymous4:38 PM

    Wow, everytime I read one of your blogs I'm amazed and sickened at what has been going on with Clay. How he manages to go on I do not know. But keep up the good work. Clay has alot of people rooting for him, I hope he knows that.tvlu

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  19. Anonymous4:51 PM

    I've noticed that Simon Cowell really does make alot of deragatory comments about Clay, but why? What does he have against him. Is it just because Clay became so much more popular than Simon thought that he would be? or what? Alot of this is pretty new to me, so I don't have any real idea about what went on in the very beginning. I was just a fan who watched the show and found an idol.

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  20. Anonymous7:11 PM

    As far as I'm concerned, some stupid judge doesn't have the right to determine for society what it can and can't take as an insult. To be compared to those weasels who make it their life's work to try and destroy another person for their own selfish agenda seems pretty insulting to me.

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  21. Anonymous8:42 PM

    I would have never imagined that I'd get an education about the filth behind the music and entertainment scene, like I did after Clay first appeared on American Idol.

    It makes me shudder to think about all the young people who dream about becoming a popstar or whatever and then they are used and abused by those who are in power.

    Where are the honest journalists who still do their research and don't care about payola to spread lies? I have lost all respect for the media, including TV. How on earth is a pig like Perez Hilton allowed to be on TV - not only on his own show but in interviews on regular talk shows?

    I hope that some day this whole web of lies will untangle and Clay and other celebrities will see justice in court.

    Great blog, Chexxxy!

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  22. Does anyone know what happened to JP? His blog seems to have vanished without trace.
    Hope he's been arrested - little shit.

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  23. I wrote to my representatives in Congress and a couple responded. They confirmed that there is nothing that can be done unless malice is proved. For the tabloids and others, it is a way for the talentless to earn money by sticking it to the talent. They get their silver for lying about others and they get away with it because of the poor laws in this country.

    Asking where the good journalists are is a good question? I would also ask where have the great DJs gone too? It is a sad day in our world when they quote the tabloids and crazy bloggers as truth. For what? For ratings? For a laugh? Because insult comedy is in?

    I guess it is acceptable to most people until you become the target.

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  24. Anonymous3:57 AM

    Old people like Conan O'Brien, Kathy Griffin, and Howard Stern have a lot to answer for in how they have influenced our culture. They have shock value but little else. Whenever I see them on shows, I sit there with a puzzled look on my face and quickly change the channel. Where are the the side splitting, fall on the floor laughing at them, really funny comics?

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  25. Anonymous7:35 AM

    Thank you for another informative blog. You have explained this much asked question with facts and examples that everyone can understand. I admire your determination to keep the truth out there. I appreciate all the time and effort you put into your blogs.

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  26. donovan10:36 PM

    When I talk to people, it isn't so much that Clay didn't sue the tabloids but that Clay didn't sue the stalker or slap a restraining order on him.

    It is also that Clay didn't deny being gay or deny the stalker's story directly.

    Of course, most people know what he meant when he called them lies. And some understand that to engage the stalker is to encourage him but for my non-Claymate friends, they just don't understand why he didn't personally protest and deny, even if he didn't sue.

    Perhaps you can blog about that some day.

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  27. There is a blog up at antimusic that says [quote]On the other hand a tabloid that knowingly prints a false story is open to litigation. [/b]. Well, we know that is a lie.

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  28. Anonymous2:19 PM

    All I did was watch AI and fall for an amazing young singer. After that my education began, How naive was I?

    Chexxxy I also stand by you, and admire what you do. I am an International fan. One consolation is we get None of it.

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