4th Circuit Nixes Defamation Claim Against Ex-Air America Host

First Amendment

4th Circuit Nixes Defamation Claim Against Ex-Air America Host

Posted Aug 7, 2008, 05:30 am CDT
By Molly McDonough

Onetime Air America host Randi Rhodes' comments about a military contractor at Abu Ghraib are protected under the First Amendment, the Richmond, Va., 4th U.S. Circuit Court of Appeals ruled this week.

CACI International filed suit against Rhodes and Air America in 2005 for statements she made, including accusing CACI of "among other things, torture, rape, murder, and misrepresenting its authority," Jurist Paper Chase reports.

In its ruling (PDF), the 4th Circuit opined that, "The conduct of the military and its designated civilian surrogates during wartime is a matter of the highest public concern, and speech critical of those responsible for military operations is well within 'the constitutionally protected area of free discussion.' "

The court continued that "such a commentator must simply 'maintain a standard of care such as to avoid knowing falsehood or reckless disregard of the truth.' "

Evidence that Rhodes relied on sources backing up her claims weighed in on the decision to find that the comments weren't made with actual malice.

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