Reports broadcast and published about Sergeant Bowe Bergdahl and his family give rise to questions. One question has not been asked yet so far as I know: Where was this information kept secret for the past 5 years (assuming that it is based on reality), while this soldier was held prisoner and so many other reports were broadcast and printed about him?
For coverage purposes, assume that the hysteria is false, that it is not based on facts. Assume further that if they were sued for libel, that the broadcast and print organizations and reporters would argue that any plaintiff would have to prove "actual malice" which as I recall means something like reckless disregard for the truth. That seems to fit.
If a plaintiff successfully proves actual malice, is any Personal Injury Coverage for the libel or slander forfeit? That is an interesting opening analysis for the insurance coverage questions here.
Beyond coverage, if a person remains silent in the presence of libelous even treasonous innuendo, could a jury conclude that this is the normal state of affairs in which these statements were made?
On a personal note, if I remain silent in the presence of libelous even treasonous slurs, what good am I?
© 2014 by Dennis J. Wall. All rights reserved. No claim to original U.S. Government works.
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