As recent graduates from the high school scene, we know the bitter taste of rumors. These blatant lies or extensions of the truth can do significant damage to those discussed in the gossip. A person’s reputation is, unfortunately, the most frequent way in which individuals are judged and when damage is done to these mighty reputations, the outcome can be devastating. However, in the right setting, legal action can be taken to defend someone’s honor.
“Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper” [1].
As we have previously learned in class, sometimes there are legitimate reasons for issuing a defamatory statement. I believe that our broad First Amendment protection stems from the ability to speak freely in order to maximize our democracy. Often times certain statements must be issued. Therefore, if the supposed slander or libel may be vital to furthering our nation’s freedoms, the public’s right to know greater outweighs the individual’s desire to avoid being discussed. And let’s be honest, the more true a statement is, the more likely an individual will do whatever they can to avoid being conversed about, even if that means declaring the incriminating statements as slander or libel.
As a broad refresher, the defenses to issuing a defamatory statement include truth, statements made in good faith with reasonable belief that they were true, privilege, opinion, fair comment on a matter of public interest, consent, innocent dissemination, and incapable of doing further defamation to one’s reputation [2].
Asma Gull Hasan is an American lawyer, writer, and Muslim. Her and her family are outspoken supporters of George W. Bush and the Republican Party. Hasan, unlike traditional Muslims, does not cover her hair in public and does not dress as a many of her fellow Muslim women do. Her written and spoken scrutiny of Muslim ways has gained her much support, but also much dissent. [3]
“ Hasan claims Michael Muhammad Knight wrote an unflattering portrayal of her in his book "Blue-Eyed Devil" and influenced a band called The Komina’s to write defamatory lyrics describing her performing a sex act” [4].
This false representation of Hasan in written and spoken form has prompted her to sue Knight and the five members of The Kominas for libel and slander.
Hasan’s attorney, Glenn Merrick is arguing that, “The purpose, intent and effect of these highly offensive, denigrating and defamatory lyrics - written and performed by the Kominas with Knight's knowledge, encouragement and support - was to mock, deride and ridicule Hasan, and to hold her up for public scorn and contempt. Of course, the verse was written and has been performed with actual malice toward Hasan - it was written and performed as knowingly false within the meaning of the applicable law of defamation" [5].
While I could find numerous stories referencing this website that linked directly to The Komina’s lyrics, I could not access the actual page. This leads me to believe that due to the buzz about this suit, the page has since been taken down. I also tried searching for the song in a lyrics web bank, but had no such luck. Eventually, I was able to gain entrance to the cached version of the former site. (This cached version is what is going to get all those scandalous facebook users in trouble. It is a service that goes to all searchable websites and takes photographs of the screenshot. These pictures are then saved in a database for use when webpages are taken down or are temporarily unavailable.)
The portion of the lyrics involving Hasan have been removed from this blog on 1/13/09.
The lyrics are very crude. My caution to you is that is does use foul language and depicts explicit images. And do not expect anything musically aesthetic. Personally, I think Hasan was remiss for giving this song media coverage. She should have let it go, and few would have heard of the song. However, since doing this, she gave the song media attention, which was, I’m sure, The Komina’s point.
The fuzzy area in this case is that it involves matters of race, religion, and political preference. People are allowed to disagree on such matters, but at what point do these disagreements cross the line from being portrayed appropriately to being uncalled for?
“Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the defendant was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault” [2].
The song lyric, while inappropriate, is not sung to be a true statement. I assume it is said for entertainment purposes. And there is a difference between saying something in jest and saying something to be truthful.
Hasan should have left these sleeping dog rest. Little would have come of it and few would have recognized the song as being a direct diss to her. In giving this national attention, people are searching for the song and giving the band media time. I understand her desire to keep her name in tact, but she should have ignored it all together.[1] http://www.expertlaw.com/library/personal_injury/defamation.html
[2] http://en.wikipedia.org/wiki/Slander_and_libel
[3] http://eteraz.wordpress.com/2007/10/24/asma-gul-hasan-suing-progressive-muslim-kids-for-defamation/
[4] http://www.dailypress.com/features/dp-life_religionbrfs_11032nov03,0,6317004.story
[5] http://pueblochieftain.com/metro/1193837385/21
[7] http://muslimwakeup.com/clips/KominasRumiWasaHomo.mp3
[8] http://www.attorneys-usa.com/intentional/defamation.html
1 comment:
I agree to a degree that it may have been better had Hasan left well enough alone, however I also feel as if she perhaps has a duty to stand up and speak out about the song. As we discussed in class and as I sit her typing I ponder reputation. A reputation is the one thing that people are most judged off of, however it is not a tangible item that we can see or touch. Hasan was outraged by the song lyrics, and she had much warrant to be upset.
The song may not have received much attention, or many listeners, it still cast a dark shadow on Hasan's reputation. It is interesting to think about how we as a nation aproach the idea of defamation. In a magazine tabloid facts are constantly being fabricated about celebrities and the events taking place within their lives. Now while some of these stars do choose to take action on these "lies" or extensions of the truth, most choose not to take legal action, but instead will clear the air of the lies on shows such as "the tonight show with Jay Leno" or the "late show with David Letterman." While this is a great opportunity that these stars have, Hasan is not that fortunate. She has not appeared in television shows or movies that would make her guest worthy on one of these shows. With this "disadvantage" she has no other way to clear her name and reputation other then by filing a lawsuit.
The public interest and newsworthiness are always a top priority in these cases. However, I fail to see where this line about Hasan could fall under either of those categories.
This truly does resemble the third grade lunch room, where stories of missing chocolate chip cookies turn into stories of an "armed cookie robber." It's time Americans grew up!
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