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Law Prof Sues Students, Says They Defamed Him by Calling Him a Racist

Posted May 1, 2008 4:47 AM CST
By Debra Cassens Weiss

A constitutional law professor at the University of Arkansas at Little Rock has filed a defamation suit against two students that says they wrongly accused him of being a racist.

The suit by Richard Peltz says he took part in a legitimate debate on affirmative action at the invitation of the Black Law Students Association, the New York Times reports. The two student defendants, Valerie Nation and Chrishuana Clark, are 3Ls.

Besides the students, the suit names the local chapter of the student association, an association of black lawyers called the W. Harold Flowers Law Society in Little Rock, and the law society's president, Eric Buchanan.

Members of the law students association had complained in a March 2007 letter to the law school dean about a 2005 incident in which Peltz showed a satirical article from the Onion about the death of Rosa Parks, the Arkansas Democrat-Gazette reports. He also was accused of criticizing affirmative action and promising to award an extra point to black students who scored the same as whites on an exam.

The W. Harold Flowers Law Society had supported the students.

The Democrat-Gazette obtained internal e-mails about the incidents under the Freedom of Information Act.

In one of them, Peltz wrote: “I would like know when these students will be told that libel and slander is not the way for them to earn respect and to demonstrate merit. It seems that they are able to complain, to accuse, to offend, without end, and everyone is expected just to take it. My students, my best students, our law review editors, are being bad-mouthed not only in the school, but in law firms and practice circles too. But no one in authority at UALR seems to be looking out for them, and they know it. Well, let’s see what kind of alumni relations develop from that experience.”

Peltz said in an internal complaint filed with the school that the 2005 incident had already been resolved, but it was reopened because he supported a law review member who was criticized for failing to appoint black students to the editorial board. Two black students traveling for a moot court competition weren’t able to attend a “meet-and-greet” for interested applicants and were not selected for the board.

Nation commented on the suit in an e-mail to the Arkansas Democrat-Gazette. “I am shocked and disheartened to learn that I have been sued by one of my professors,” she wrote.

Article updated on 05-02-2008 to clarify that the campus is located at Little Rock.

Comments

1.

BIGLAW 1ST YEAR
May 2, 2008 6:40 AM CST

Why would the students accuse the professor of being racist if he was going to award an extra exam point to minorities?  I thought that giving minorities handouts was the only way to not be labeled a racist…?  But then again, one point isn’t much, so maybe he is a racist.  A non-racist professor should give all non-whites at least 10 free points on every exam.

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2.

Hadley V. Baxendale
May 2, 2008 6:46 AM CST

In order for our nation to resolve the divisiveness along racial lines, people need to understand the distinction between views that are “racial” and those that are “racist.”  A generalization supported by statistics, an opinion about discriminatory practices, a selection without regard to race are not necessarily racist even though racial. By definition, “affirmative action” is discrimination and the discussion should be about when or how discrimination is justified.  But we will never resolve the issues if we cannot discuss them freely in the “robust marketplace of ideas.” More and more, people are keeping their opinions to themselves, internalizing their feelings, and this is not healthy.
I don’t know enough about the facts of this situation to take sides, but the issue is certainly presented.
BTW first.

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3.

BIGLAW 1ST YEAR IS A BIGGOT
May 2, 2008 7:18 AM CST

The 1st comment was clearly posted by an ignorant and a biggot.  I am an attorney who never expected handouts and never received them.  Telling black students, he would add one point to their scores if they get the same scores as white students was a racist statement full of sarcasm.  You and that professor, Mr. Biggot owe to take lessons on diversity, go learn about the contributions of minorities to this great nation that is America.  But Mr. Biggot, if your reasoning in law school is as flawed as your reasoning in your comment, if you graduate from law school, I predict you will have a hard time with the bar exam.  You still have time to learn though, rookie.  Good luck.  Someone who wish you well.

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4.

SC
May 2, 2008 7:26 AM CST

BIGLAW, are you kidding me? Maybe those students accused Professor Peltz of being a racist because of the insinuation behind his 1 point “gift”, namely that minorities need help to surpass whites academically. 

I know neither the man nor the situation (and I suspect that you don’t either) so I can’t attest to his intent behind the remark, but it was inflammatory nonetheless and as an educator he has a responsibility both to his students and his profession to refrain from such antics. 

That being said, Peltz is certainly free to criticize affirmative action (and many do).  If the students merely voiced concern in a letter to their dean, then Peltz should grow up, students complain, and these students followed the proper protocol.  If the statements were more widespread and malicious, then the students should know better and maybe this will be the lesson that teaches them.

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5.

Labelling is poor debating
May 2, 2008 7:26 AM CST

Labelling someone as a biggot is always the last resort of a poor debater.  Perhaps the professor was trying to open the students eyes about how racist affirmative action really is.  Their gut reaction to such a statement was racism.  Now take that into the real world where most states and large cities award extra points to minority contractors that equal the same bid as white contractors.

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6.

NUMBER THREE CLEARLY CAN'T SPELL
May 2, 2008 7:29 AM CST

The 3rd comment was clearly posted by someone who can’t spell, who doesn’t know that an ignorant person is an “ignoramus,” not an “ignorant,” and who does not understand the use of commas.

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7.

Reality
May 2, 2008 7:31 AM CST

Insulting someone’s ability to complete law school has nothing to do with the issue.  Comment 3 is ridiculous and does not belong here.  This is a serious issue, lets stop the personal attacks.

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8.

Shay
May 2, 2008 7:32 AM CST

The problem with a law suit of this nature is that it undermines the teaching environment and the give and take between students and professors that ought to be fostered in law school.  Law students must be free to question their professors viewpoints in order to learn to think critically about justice system measures.  It is a travesty for the pedagogical environment that a law professor would choose to sue students who questioned the underlying philosophy influencing his teaching methods, argumentation, and politics.  I hope that this does not have a chilling effect on critical commentary by law students on campuses throughout the nation.  What a dangerous precedent!

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9.

Rick
May 2, 2008 7:35 AM CST

“the insinuation behind his 1 point “gift”, namely that minorities need help to surpass whites academically”

Please explain why this is offensive but point assignment in affirmative action programs for minority admissions aren’t?

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10.

Marc H
May 2, 2008 7:35 AM CST

... and the word is spelled “bigot,” not “biggot.”

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11.

BIGLAW 1ST YEAR
May 2, 2008 7:36 AM CST

To poster #3:

I am a first year associate, not a 1L.  If I was a 1L, I would call myself a 1L and “biglaw” wouldn’t make sense.  Think before you post.  I went to a top law school, graduated order of the coif, was on law review, passed the bar, and work at one of the most prestigious firms in the country.

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12.

Ali
May 2, 2008 7:49 AM CST

BIGLAW, I wonder how your prestigious firm would feel about your comment that “A non-racist professor should give all non-whites at least 10 free points on every exam.” You’re lucky these postings are anonymous.

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13.

SC
May 2, 2008 7:50 AM CST

Rick - I’m certain I DIDN’T say in my comment that point assignment in admissions programs wasn’t offensive.  You may have some inside information that these students don’t also find such point assignments offensive, I doubt it.

The validity and ramifications of Affirmative Action can be debated all day, but that doesn’t stop Prof. Peltz’s comment from being demeaning (and YES preferred treatment in admissions can be argued to be equally demeaning).

BIGLAW, I agree that Post #3 is pretty lame, but as an Order of the Coif, Order of Barristers graduate from one of the top law schools in the country (and a minority to boot) your impressive resume doesn’t make your prior comment any more valid.

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14.

BIGLAW 1ST YEAR IS AWESOME
May 2, 2008 7:53 AM CST

“I am a first year associate, not a 1L.  If I was a 1L, I would call myself a 1L and ‘biglaw’ wouldn’t make sense.  Think before you post.  I went to a top law school, graduated order of the coif, was on law review, passed the bar, and work at one of the most prestigious firms in the country.”

All those accomplishments and, yet, you still remain able to stay so humble. We are all truly impressed.

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15.

OMG!
May 2, 2008 7:53 AM CST

I am utterly humbled and awed by you, BIGLAW 1ST YEAR, both because of your measured and judicious use of ALLCAPS and your flagrant self-fellation in a public forum.

Good on you.

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16.

SUCOL
May 2, 2008 7:54 AM CST

If there are just a few things I learned in law school, they are the following: (1) law school is the LAST place where true debate and freedom of expression are protected; (2) most professors are exceedingly ignorant and narrow minded, yet claim to be progressive; and (3) most law students are remarkably thin skinned, which will serve them poorly in the legal profession and in life. The article above is very thinly written, and without more facts I would not comment on the situation in Arkansas.

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17.

Legalese
May 2, 2008 7:54 AM CST

Wow….Biglaw seems like the sort of law student that we all hated when we were law students.  All of those alleged achievements, and he’s still a moron.  Priceless.

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18.

Student in the class when it happened!
May 2, 2008 7:59 AM CST

I was a student in the class when this event took place.  Anyone who was there understands that it was NOT a racist comment, but that the that comment occured in a debate and open discussion.

Academic freedom works both ways.  On the one hand you can not argue for freedom in the classroom setting to explore new ideas and have open discussion, and then on the other hand say that something said was wrong.

Taken in context Prof. Peltz did the right thing.  These two girls, and I personally know both of them, carry a large chip on their shoulder. 

I hope Prof. Peltz wins.  I would testify on his behalf!

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19.

Lynn
May 2, 2008 8:02 AM CST

To poster #3:

Another correction: “someone who wishes you well” not “someone who wish you well”.

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20.

VS
May 2, 2008 8:05 AM CST

I am appalled, not that much by the facts in the article, but by the strain of racist and intolerant attacks among colleagues in this Comments section.  I thought our profession was supposed to exemplarily lead when it comes to civility in our society. I guess I am wrong.

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21.

cesar
May 2, 2008 8:05 AM CST

The lesson for all BLSA chapters is to make sure you know the true views of all professors invited to a BLSA sponsored event. Because if not,  you run the risk of being offended at your own event under the guise of intellectual freedom.

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22.

suede22
May 2, 2008 8:08 AM CST

I guess we know how BIGLAW stands on the race issue.  I also suspect BIGLAW isn’t too bright.

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23.

Chavez
May 2, 2008 8:14 AM CST

That sounds great Cesar - a scripted discussion with non-objectionable debaters in which the audience knows all the answers in advance and nobody gets offended.  (Sorry to carry your argument to its logical conclusion).  That seems like precisely the type of debate we should have in our law schools!  Good luck facing a real adversary in the real world.  Please.

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24.

Powerman
May 2, 2008 8:15 AM CST

I assume the alleged libel is more than students complaining.  Otherwise, the lawsuit will be summarily dismissed and the professor will be disgraced.  I am thinking it is more than students complaining because a professor should know what it takes to succeed on the merits of a libel lawsuit.

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25.

H.V. Baxendale
May 2, 2008 8:17 AM CST

Re: 8: you may describe how the academic world ought to be, but now there is a terrible problem with intolerance of views that contradict liberal thought.  It is not an even playing field.  A viewpoint that would be called “conservative” is shouted down and those who hold them are attacked, fired, and harrassed.  It shouldn’t be that way.
Re: 21:  A special interest group (such as BLSA) should intentionally present other sides to their views by inviting—and respecting—those who hold them.  Unfortunately, most stack the deck and avoid intellectual challenge.

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26.

anon
May 2, 2008 8:18 AM CST

Long live the Onion

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27.

Jumping to conclusions
May 2, 2008 8:23 AM CST

To posters 17 and 22, et al.:

Why is biglaw a moron or not too bright?  Is it only because you disagree with his/her viewpoint on affirmative action?  Obviously if you believe the honors. law review, etc. that he/she admits to then biglaw is pretty bright and not a moron.  Can’t we engage ourselves in a substantive debate without attacking posters like we are in first grade???

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28.

shelby
May 2, 2008 8:27 AM CST

I am an African American attorney who graduated from law school in 2006. I was not an active member of my law school’s BLSA chapter because I view it as seperatist. The chapter members only wanted to associate with people who looked like them and thought like them. They weren’t interested in a healthy exchange of ideas with people of differing viewpoints. This is no way to prepare minority law students for real life, where they will encounter all types of people. if other BLSA chapters are anything like the one at my law school, they need to change.

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29.

Ark Lawyer
May 2, 2008 8:39 AM CST

I was a student at UALR last year when this all happened. The bottom line is that some very militant black students started slinging mud at everyone they could think of when they didn’t make it onto the law review editorial board.

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30.

Paul Scott
May 2, 2008 8:42 AM CST

Re: Post No. 11 from Biglaw.  Your statement, “If I was a 1L,” should have been “if I were…”  And you graduated from a “top law school,” are a first year associate at a “prestigious firm,” and were Order of the Coif????  I do, nonetheless, find your first post very amusing.  Carry on…

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31.

Bill
May 2, 2008 8:49 AM CST

Shelby: At my law school, most of the black students sat on one side of the student lounge, and the white students sat on the other side. It was just like high school and undergrad. I was very disappointed that that level of immaturity continued among future lawyers. You’re correct, it has to end at some point; are they going to go to work at a firm and sit on different sides of the conference room? I don’t know if it had anything to do with our BLSA, though. It seemed entirely voluntary and institutionalized, so I don’t know what could be done about it.

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32.

Jennifer
May 2, 2008 9:04 AM CST

It is unfortunate that it is so difficult to have an honest discussion of the benefits and drawbacks of affirmative action. Affirmative action is a system that is meant to do good, but because of the racial tension surrounding it, it is so difficult to discuss it that we can’t work on improving it and adapting it to the changing racial climate in our country. It’s time to stop dancing around the issues of race in America and start facing it in an honest way to help us all move forward towards better understandings of each other.

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33.

Paul Scott's Writing Style is Amusing
May 2, 2008 9:07 AM CST

Poster #30, PAUL SCOTT, needs to be deported due to his inability to speak English.  Chicago Manual of Style Rule 5.141 demonstrates that biglaw used “was” appropriately and that PAUL SCOTT used “were” erroneously.  Very amusing…

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34.

Chris
May 2, 2008 9:11 AM CST

I agree with you Bill.  I think it starts with people like you and Shelby who are willing demonstrate that its okay to “sit on the other side of the student lounge…or the firm”.  The point I must make is that out of all areas of academia, law should remain one wherein the free flow of ideas and opinions are exchanged.  Feel free to debate the opinion, but please don’t inhibit the dialogue. Dialogue is key and is one way that we lawyers resolve issues (legal or otherwise).  I’m saddened that this particular story had to escalate to a lawsuit and am convinced that the outcome will not produce the desired results.

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35.

Lauren Ruff
May 2, 2008 9:14 AM CST

This professor needs a reality check. He’s teaching Constitutional Law but doesn’t seem to understand that the First Amendment is not an excuse to ignore basic decency. I am also incensed that a professor would resort to such immature behavior as to sue his students.

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36.

associate
May 2, 2008 9:32 AM CST

Sounds to me like one of those things you see on YouTube where students make outlandlish claims and accusations at the teacher until they prod the teacher into saying or doing something that they really don’t mean or didn’t fully think through.

But these guys went the extra mile to print that he “is a racist” in a professional letter which is over the line and gives the teacher a legal way to respond; a libel suit.

Race issues will never be settled in this country until ALL people are allowed to express their opinions without retribution in a free exchange of ideas or until only one race remains in the country.  It’s just human nature, and it doesn’t matter how “educated” people are.  Until this “shouting down” and personal/professional attack/destruction stuff ends (on all sides) and everyone can be heard,  there are going to be race issues.

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37.

associate
May 2, 2008 9:35 AM CST

35, Lauren

You should read the whole article.  Apparently the students wrote the dean demanding that the professor be fired for being a racist.  You don’t respond to that by ignoring it, or you’re permanently out of a job because you “are a racist”.

How would you advise the professor to respond other than by seeking legal redress?

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38.

Law Student at UALR
May 2, 2008 9:41 AM CST

To Post #18:
As a student who also attends UALR, it is unfortunate that you would write such comments that state you “personally know both of them”, and then turn around and say they “carry a large chip on their shoulder.”  This is an unfair statement and it’s sad to think that you would post these comments in an anonymous setting such as this; however, as we walk the halls I would caution to think that you have never personally made these statements to either one of these students. 
I ask that we adhere to the Comment Policy of this forum which states avoid “personal attacks.” 


I’ve also taken Prof. Peltz and would hope that this suit is able to come to a conclusion in a court of law and not court of public opinion.  However, one must raise the issue of timing.  These complaints and letters to the law school were from March 2007 and before, over a year ago; however, Prof. Peltz is just now bringing a claim (although he has every right if not barred by any statute of limitation), no one has stopped and raised the issue what these students are going thru as it relates to filling out their bar application in preparation of sitting for the bar.  Of course those who have undertaken this process understand there are possible questions that ask whether or not you have been named or have been a party to a suit.  If these events took place when arguably they were 2L why would you wait if you were defamed to bring a suit a year later? 

The email from Prof. Peltz demonstrating his frustration that students “are able to complain…and everyone is expected to just take it” is disappointing because although he is tenured and everyone knows if you’re tenured you’re untouchable, no student has “to just take it” from him either.  It’s a two-way street and if one makes comments that might potentially get them in trouble, you can not then go and run behind the status as a tenured professor and think you have the right to say whatever.

As sad as it is to admit, this article has shed light on the 800-pound elephant that has been in the room and no one is addressing it.  These issues and various other problems did not start with these two young ladies and unfortunately will not disappear when they graduate.  It’s sad to think that these problems still plague society to this day.  I hope that we will be able to move past this but without light we are all in darkness.

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39.

Former Student
May 2, 2008 9:42 AM CST

I attended the William H. Bowen School of Law and graduated in 2005.  I was a member of the law school’s BLSA chapter.  Professor Peltz was one of my most memorable and favorite professors.  His teaching style was very unique and provocative. He was extremely challenging, yet always fair.  I know him personally and know that he is in fact not a racist.  This is truly a tragic situation for all parties involved.

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40.

3L headed for BigLaw
May 2, 2008 9:47 AM CST

I read these articles every single week for the pure comedic value. However, this week I decided to join in the tomfoolery. 

I am a black woman who will be going to a Big Firm (already have the offer) and I think what seems to be lost on many of you is this - at PWI’s (predominantly white institutions) people gravitate to whomever makes them most comfortable - whether they be white or brown or black. If you are a person who isn’t welcoming to people of color - then it will be segregated. Always. Do any of you go sit with brown people instead of white people in the lunch room? Or vice versa? If so, kudos to you - if not… well its natural, sad but very natural. 

I HOPE that I will have a different experience when I begin at the firm - but i’m not holding my breath. Last summer there were 48 of us, of which there were 4 black women - unless the 44 were very gregarious people we always had to initiate the convo - I was literally skipped over in conversations. I’m not blaming anybody or upset - but that was my reality last summer and I’m sure will be my reality in the future. I don’t love it - I’m not the chip carrying militant black woman that we all seem to be in MANY white people’s eyes - but I accept it as it is because I can’t cure ignorance, I can only be myself and make that big money! :)

Blessings to you all. I hope that you can set aside your biases and see the forest for the trees.

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41.

Paul Scott
May 2, 2008 9:56 AM CST

To Poster 33:  you need a grammar lesson as well.  The word “were” is the past subjunctive of the word “be.”  The past subjunctive is sometimes called the “were” subjunctive, because “were” is the only subjunctive form that is distinct from the indicative past tense or “was.” The verb “were” appears mainly in “if” clauses and in other constructions expressing hypothetical conditions.  Accordingly, I am correct.  And I did not learn the distinction at U. of Michigan Law School or at my “presitigous” national law firm as a first year associate, but rather in high school years before.  BTW, the Chicago Manual of Style does not support your conclusion.

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42.

Carol Lee
May 2, 2008 10:13 AM CST

This professor is clearly a racist.

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43.

Chris P. Corbitt
May 2, 2008 10:25 AM CST

I think Rule 5.127 is on point and Paul is correct.

http://www.chicagomanualofstyle.org/ch05/ch05_sec127.html

A subscription is required…


5.127 Present subjunctive
Apart from a few set phrases (e.g., so be it, be they, she need not), in present-day English the present subjunctive typically appears in the form if I (he, she, it) were {if I were king} {if she were any different}. That is, the present subjunctive ordinarily uses a past-tense verb (e.g., were) to connote uncertainty or impossibility. Compare if I am threatened, I will quit (indicative) with if I were threatened, I would quit (subjunctive), or if the canary sings, I smile (indicative) with if the canary sang (or should sing, or were to sing), I would smile (subjunctive). See also 5.114.

You all crack me up.. now get back to work

By the way, I had Professor Peltz and he was and still is a great teacher. 

And, if anybody maligns my grammar, I just might sue, if i can prove damages.  It is of note that Arkansas has a law on the books for defamation per se, meaning damages don’t have to be proved.  The two types of defamation that can occur without having to prove damages would be accusations of a crime and the imputation of the unchasity of a woman or a bad disease.

By the way, is there a statutory award of attorney’s fees in a defamation case?  I think there might be so the little guy can sue the big corporate bad guy for damaging his reputation, just like in a breach of contract case.  My memory tells me that attorney’s fees may be statutory for the winner, so that knife cuts both ways.

Perhaps there are facts here that the article does not expound upon.  I would have to believe Professor Peltz researched the elements of a defamation claim well before he filed suit. 

Is Professor Petlz a public or private figure?

Was there publication?  The letter would definitely be publication.

What are the damages?

Carry on…

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44.

Tim
May 2, 2008 10:40 AM CST

Whether or not what Peltz said can fairly be considered “racist,” his response is unwarranted, unprofessional, and possibly revealing.  Peltz doth protest too much?

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45.

R
May 2, 2008 10:46 AM CST

I have an actual legal question here, as opposed to weighing in on one side or the other as to whether this professor is or is not a “biggot.”

Do lawsuits like these - defamation lawsuits based on someone calling someone else a racist - get filed much? And if so, do they ever succeed? And if so, on what grounds and what sort of damages might be awarded?

It seem s to me that someone filing a suit like this had better be careful that he or she doesn’t end up like Oscar Wilde!

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46.

Will
May 2, 2008 11:22 AM CST

These comment boards are always amusing. The personal attacks are sad for one and I commend the people who actually think/type about the situation at hand.(What really matters). Nobody cares where you received your degree from or how much you think you know regardless of your acheivements. If you are not adding to the situation at hand, don’t type at all, please. I also love how people comment on what they will never be, experience or understand. I want an open line of communication with everyone, but keep it intelligent. ask or say anything and i’ll try to respond

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47.

Anonymous
May 2, 2008 11:46 AM CST

I also don’t like the segregation stuff, though I come to it from a different perspective than most people.  As a matter of fact, despite being in more racist atmospheres I still managed to have friends who weren’t white & I’m white myself (most of my real friends growing up were black & someone being a different race wasn’t novel to me since I was around people of other races starting at 4 and maybe even sooner considering my family).  Shelby (#28) hit the nail on the head & described the situation at my undergrad as well as my view on the whole concept of separatism.  My high school had a similar group but the group didn’t run around calling white people racists, avoiding anyone not like them or demanding handouts due to being black; would have been ironic considering most of the people at that school were black.

I actually break a norm & don’t identify w/white people since most of them don’t look like me.  If I’m also in a given situation, it’s more likely that someone who isn’t white (any race you can think of) is more likely to talk to me than a white person; I’m more shy so I don’t tend to strike up conversations at random w/anyone.  If you want to call me someone who is more receptive to people of color, that’s fine since I don’t really have a side of the table to go to though I didn’t know that sort of thing radiated off someone.

I don’t support affirmative action myself but that’s b/c if I ran things, the racists would be dead (of any race, not just white) & things would be a lot different.  I grew up in the South, btw but didn’t see race as a huge issue until I lived in Atlanta.

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48.

Oscar Wilde
May 2, 2008 11:48 AM CST

Thanks, Will.  What do you think about the infield fly rule?

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49.

Martin L. King
May 2, 2008 11:58 AM CST

Hi Will, Question for you:

What is your opinion of Jane Austin’s “Pride and Prejudice”?

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50.

Level 70 Prot. Warrior
May 2, 2008 12:24 PM CST

Hey Will.  Is it just me, or are Warlocks WAY overpowered?

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