Federal Judge Expresses Doubt About Lawsuit Against Scott Lively

Jim Burroway

January 7th, 2013

A hearing was held today at a Federal Court in Springfield, Massachusetts on a motion to dismiss a lawsuit filed against American anti-gay extremist Scott Lively. The Center for Constitutional Rights is suing Lively on behalf of Sexual Minorities Uganda, alleging that Lively engaged in a conspiracy to deny the LGBT community of their rights under International Law and which resulted in harm to the LGBT community. Lively is being sued under the Alien Tort Statute, which provides federal jurisdiction for “any civil action by an alien, for a tort only, committed in violation of the law of nations or a treaty of the United States.” In today’s hearing, U.S. District Court Judge Michael A. Ponsor expressed doubts about the case:

During a 90-minute hearing in U.S. District Court, Ponsor said the lawsuit filed by Sexual Minorities Uganda against the Springfield minister poses a test of Lively’s free-speech protection and the rights of sexual minorities to equal protection under the law.

But the judge said the plaintiffs needed to show a connection between Lively’s anti-gay advocacy in Uganda and illegal acts committed against gays in the country.

“I’m frankly struggling to see what behavior beyond expressive behavior” of Lively violated federal law, the judge said during the hearing attended by about 150 people, including a prominent Ugandan activist.

The plaintiffs, the judge added, “needed to show a more concrete example of misbehavior to justify continuation of the lawsuit.”

As I wrote last March soon after the case was filed, this is the very challenge CCR faces in this case. CCR’s case cannot simply be a recitation of what Lively said. If it is, then the case becomes solely about Lively’s speech and beliefs which, as odious as they are, are nevertheless protected under the First Amendment. What CCR would need to do is provide proof that Lively actually engaged in actions which constitute a plan or conspiracy with the desired outcome being the infringement of the rights of LGBT people under International Law, and that LGBT people in Uganda, as a result of that conspiracy or action, suffered as a result. Hence the judge’s emphasis on “misbehavior.”

While Judge Ponsor expressed his skepticism about the case, he also cast doubt on Lively’s motion to dismiss. According to the Springfield Republican, the judge didn’t indicate when he would rule on the motion to dismiss.

Lively is being defended in the lawsuit by Liberty Counsel.

F Young

January 7th, 2013

Freedom of expression is not unlimited, even in the USA. There are laws against copyright infringement, disclosure of official secrets, false advertising, pornography, drug labeling, and torts like slander. Freedom of speech can also be limited by contract, as when an employee is fired for speaking badly of his employer, or a lawyer is disbarred for violating solicitor-client privilege.

How is the classic case of yelling “Fire!” in a crowded theatre to incite a stampede different from yelling “Gays are recruiting your children, etc.” in a homophobic country that hardly has any rule of law, that has a history of civil violence and a neighbour that has engaged in ethnic genocide?

While I am not a lawyer, personally, I think a bigger issue is whether it can be proved that Lively knew that what he said was false, and perhaps whether his hate speech was intended to provoke violence or some other tort?

Or is it enough that he intented human rights violations?. He is on record as supporting the bill provided the death penalty is removed, even though it would still impose widespread violations of several human rights.

andrewdb

January 7th, 2013

I am a lawyer. The good news is Liberty Counsel aren’t very good.

Hunter

January 8th, 2013

andrewdb:

That was my thought — if Lively’s being defended by Liberty Counsel, CCR’s in good shape.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.