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Posts Tagged ‘libel’

Rabbi Rotter’s Persecution Complex and Pedophilia Obsession

Monday, January 2nd, 2012

A few days ago, following on the heels of Moni Dvir’s blog post about “Rabbi” (more on the scare quotes later) Yeshayahu Rotter, I published further details about the personal and political history of the founder of the major radical-right Israeli internet portal, Rotter.net.  Among other things, I found no evidence to bolster his claim to a PhD from Boston University, nor could I find any evidence of his being an IDF combat officer (he is a reserve officer–rank of captain, a rank earned at the late age of 33–but only by virtue of being a military chaplain) as a Maariv interview with him claimed.  I also noted several sources, including one formerly close to his family, alleging he had been charged by Israeli police with embezzling from a Jerusalem bank where he worked in the 1980s.

New evidence has emerged about other suspect claims Rotter has made about himself and his past.  In the 2007 Maariv interview I wrote about in my earlier post, Rotter claimed he had a BA and MBA in business studies from Yozmot College.  A call to Yozmot produced the information that they do not award such degrees and do not even have a business program.  In the same interview, Rotter claims he earned smicha from the famous U.S. Orthodox Rabbi Moshe Feinstein.  However, an Israeli Wikipedia commenter doubts even this story (all links in Hebrew), noting that he likely would’ve had to spend a number of years studying in the U.S. with Feinstein.  Given that Rotter himself admits his English is poor, it seems unlikely.  Not to mention that Haredi rabbinical students don’t generally study with a teacher from the modern Orthodox movement, of which Feinstein was one of the leading lights.  I haven’t ever seen any evidence that he’s spent any time in the U.S. other than these claims.  The whole thing doesn’t add up.

So is it possible that Rotter earned smicha?  Sure.  Just likely not with Feinstein.  But that’s the story he’s put out there in public.  Again, a nutcase like Rotter likely believes I have a personal vendetta against him.  I don’t.  I just believe people should be transparent about themselves and their beliefs.  They should be who they really are and not who they claim they are.  Or at least there shouldn’t be any difference between the two.

Ever since my first post about him, his site has been quaking with fulminations against me and shows of fealty for the good rabbi.   He’s even put out an APB for any dirt his hasidim can dig up:

If anyone among our readers has any serious, pertinent information especially about [Silverstein's] legal or financial complications along with supporting documentation pass it along to me…

In a rank act of hypocrisy which you’ll discover below, Rotter warns readers not to supply rumors.  He also admits that his English isn’t very good, which begs the question: how can he make the accusations he does about me below if he can’t read my blog or understand what I’ve written or much of what’s been written about me, true or false?

The funny thing is that my life is pretty much an open book.  I’ve been much more candid here than most bloggers.  The only reason I’ve stopped being so in past years, is because of miscreant monsters like Rotter who attempt to twist and turn truth and facts into distorted lies.

Now, Rotter has substantially upped the ante.  He wrote to me threatening to publish an exposé of my personal background that would accuse me of being questioned by the police for pedophilia.  Among other charges he stated that I’d had “financial difficulties” and that my “spiritual health” was compromised.  He claimed in an email to me that there was a warrant for my arrest in Israel (undoubtedly another lie).  In a Rotter.net posting linked below, a member specifies the warrant accuses me of “giving aid to the enemy.”  While I’m not versed in Israeli law, even if any of this garbage were true, which it isn’t, it would seem difficult for Israel to prosecute a U.S. citizen (and a non-Israeli citizen) for aiding an enemy of Israel.  He also, and most mysteriously of all, threatened to expose details about my grandfather!

In another message to me, he actually conceded that he didn’t know whether these charges were true but that he’d read them on Google and what he could say for certain was that they were published there.  This comment alone is so astonishing it’s hard to believe the man has spent any time on the internet, let alone runs a major Israeli web portal.  It seems to me that if he had a PhD in Jewish philosophy as he claims, he might’ve taken a course on epistemology, which would’ve taught him the difference between truth and lies and how to prove that something is true.  Needless to say, none of these charges are true.

About a year ago, a Rotter member published at the site a fake FBI press release stating I’d been arrested for pedophilia by the Seattle FBI office and Broward County police (the jerk had no idea Seattle and Broward Country are about as far as they can be from each other and still be in the U.S.).  After I demanded that Rotter take the post down, he wrote to me that he had done so and banned the member who posted it.  Clearly, Rotter knew at the time that this accusation was false.  Therefore, publishing it again is an even more egregious abuse.

Apparently, Rotter needed to bring out the big guns and so he reinstated this monster, who’s reared his ugly head again publishing the same nonsense.  Which is interesting, because Rotter took down the claim when originally published.  Yet now the same lying claim has resurfaced.  In the field of libel law, Rotter’s walking on very, very thin ice.  The same Rotter member claims I’ve kited checks (but admits “there were some things” regarding this he “didn’t understand”–an understatement) and that my mother filed a criminal complaint against me, after which pictures of naked children were found on my computer.  The problem is that Rabbi Rotter and some of his followers don’t understand the difference between reality as they wish it was and as it really is.  For them, who they would like me to be is the same as what I really am.  This seems awfully close to mental pathology to me.

Rabbi Rotter also claims in an email to me that everything he’s doing is under a lawyer’s supervision.  Which either means he’s lying (a distinct possibility) or that both he and his lawyer are fools.

The distinguished Israeli attorney, Michael Sfard, wrote to Rotter on my behalf warning him about Israel libel law.  But that hasn’t stopped other Rotter members, acting either directly on behalf of their champion or indirectly, from publishing the pedophilia charges.  I too have written to him warning him that I would pursue every legal recourse at my disposal and in any relevant jurisdiction to fight back against his calumny.  I am exploring those avenues now.

Other interesting aspects of this man’s psyche include an accusation he made against the Israeli blogger, Moni Dvir, I mentioned above who first posted about him.  Rotter shreyed that Moni was “persecuting” him in a way that could lead to his “murder” (under a halachic concept called redifat retzach).  In a separate Rotter.net post, he commented upon the protests by secular Israelis against Haredi spitting attacks against an 8-year-old Beit Shemesh girl (also Orthodox, but a more moderate brand), by claiming that Israelis intended to treat the Haredim as they treated Jews in Germany during the Holocaust.  He noted that when he walks down the street he does so paying close attention to his surroundings lest danger lurk somewhere.  He likened this to the feelings of Jews in 1930s Germany.  He further argued that Israelis would, after the Haredi were massacred (he doesn’t say how, but presumably they’d be gassed in extermination camps), attempt to claim that they hadn’t participated in this incitement to murder, that they’d opposed it.  But, and you can hear imaginary strains of ominous music rising on the soundtrack, by then it would be TOO LATE.  Imagine the deep, paranoid persecution complex that could cause a man to believe such things.  Note also, the need for the Haredim to turn a legitimate protest against THEIR offensive behavior into self-victimization.  It is THEY who are victims, they who the nation hates and persecutes. It’s moral extortion and blackmail, and revolting.

Finally, I’ve noted here a number of times the fascination, even obsession, that the radical Jewish right has for sexual degradation.  Some of the defamatory claims against the left that arise again and again concern pedophilia, incest, homosexuality, interracial sex, etc.  It is one of the chief ways in which they destroy the reputation of those they detest on the left.  Exploiting so-called sexual deviancy attitudes takes a political disagreement and turns it into a crusade against moral degeneracy.  Those are much more favorable terms for debate than sticking to substantive political argument.  There is a deep pathology here that someone’s probably written a doctoral dissertation about (or should).  Not Rabbi Rotter’s dissertation of course, since we don’t seem able to locate that.

UPDATE: I also note that Rabbi Rotter told me that my reply to his charges would be included in any “expose” they publish about me.  So I decided to test him on that by posting a link to this post (clicking on the link will generate a 404 page not found error) at Rotter.net noting that it was my reply to his charges.  Guess how long the link lasted before being taken down?  Maybe 10 minutes.  So much for the Rabbi’s willingless to stand by his word and offer someone a chance to reply.

Knesset Bill Would Criminalize Speech

Friday, November 25th, 2011
20111125-210829.jpg

Hebrew summary of provisions of draconian new libel bill which passed first reading in Knesset (Ynet)

Among a raft of new authoritarian bills and legislation proposed or passed by the current Knesset is one that will essentially criminalize speech. Under a proposed new libel law, plaintiffs would no long even have to prove damages to win tens of thousands from defendants. Penalties in some categories will be increased six times and the highest damage award will rise to $500,000.

The bill, which handily passed it’s first reading, would harm all Israeli, but hit bloggers especially hard (Hebrew). I know this from my own personal experience since Rachel Neuwirth did sue me unsuccessfully and Aussie Dave and David Yerushalmi threatened to do so, but never followed through with their threats. There are few NGOs prepared to defend bloggers in such circumstances and how many of us have personal means to do so? A Los Angeles law firm took my case pro bono and spent four years defending me, and the plaintiff is still appealing her loss! If you don’t have a friend who’s a senior partner in a major law firm where do you stand?

There are even fewer such resources for Israeli bloggers. Plus the obstacles in the path of their reporting are even higher than those facing me. They have gag orders and censorship. They have powerful oligarchs with deep pockets and lawyers willing to use the law for the purpose of harassment. They have a draconian security establishment which is a law unto itself. They face a quiescent judicial system designed to favor corporate and state interests at the expense of the individual.

Bloggers in Israel are the canaries in the coal mine of Israeli democracy. The first blogger thrown in prison or bankrupted by such court action under this law will close down a curtain of freedom of the press in the country.

Itzik Sporta of HaOketz said it well when he derided the Knesset for wasting it’s time addressing “problems” that don’t exist rather than ones raised by the social justice movement which cry out for resolution. Israel has the fifth greatest income disparity between rich and poor among OCED nations. One quarter of Israelis live in poverty. Among children, the number is closer to half. There are huge reservoirs of hate and injustice among ethnic groups. Not to mention serious conflicts with its neighbors to be resolved. Instead they’re fixated on helping celebrities, politicians, and oligarchs getting their pound of flesh from the hard working journalists of their country, who labor on behalf of the common person, giving them enough information to make sense out of the mess their country is in.

We might want to start things off after this monstrosity is passed by bringing the first prosecution against the law itself for libeling free speech and press in Israel. One wag quoted in The Marker article says he’s going to exploit the new racist law declaring Israel a Jewish state by suing every Israeli Palestinian who denies it. Then he plans to take the $75,000 he wins from Israeli Palestinian social satitist Sayed Kashua (no doubt a personal friend, I hope) and hire the highest priced psychiatrist he can find to tell the world, he and his country are not insane.

Whether this schandeh of a bill ever passes or not, the damage is done. Merely proposing it has set loose the jackals who circle round Israeli democracy seeking to pick off the weak and vulnerable. First the bloggers, then the journalists, then the NGOs. By the time they come for the average citizen it will already be too late, as Pastor Niemoller so famously wrote. Even Bibi’s own mouthpiece, Yisrael HaYom, warns of the dangers of the law; which is quite ironic since the competition, once it can no longer report anything interesting, will fold and leave the field to Bibiton. The triumph of authoritarianism in Israeli life will only benefit Bibi’s media properties, which will not be challenged under these new measures.

If I were more selfish I’d see this development as a boon to someone like me not subject to Israeli law. After all, when Israel’s democracy dies there only be greater need for blogs like mine. But I’d much rather see Israeli democracy and free speech triumph. Until it does, I will continue doing what I do. And if things turn worse, Israelis who value a free press and who deride secrecy and government impunity may see this blog as their resource and in a way, their insurance policy. I will do whatever I can to protect Israeli sources and bloggers from their work being criminalized. I hope it doesn’t come to Israeli bloggers turning their websites into samizdat, underground knowledge whose sources and web servers must be hidden from the prying eyes of the intelligence agents and wrongdoers who seek to root out the good guys.

Of Gremlins, Liars and Pro-Israel Hoaxsters

Saturday, August 27th, 2011

neuwirth superior court final judgmentSeveral friends have received false claims (and a would-be commenter on this blog tried to publish this as well) that I lied about the dismissal of the libel charge against me filed by Rachel Neuwirth.  In order to lay this to rest (except for the Birthers and other true-believers among them who can never accept a truth that disappoints them) I display the Final Judgment filed by Judge Linda Lefkowitz of the Los Angeles Superior Court.

For those who maintain some connection to reality, you might note the statement:

On July 14, 2011 the Court issued a State of Decision stating that it would enter final judgment for Richard Silverstein and against Rachel Neuwirth.

The Final Judgment document is dated August 16, 2011 and signed by Judge Lefkowitz.

One of my friends received such an e mail claim from someone using the likely pseudonym Petal De l’Fresange and the IP 76.94.170.6 and a GMX.com webmail account:

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FYI. Richard Silverstein lied on his blog that the court dismissed a libel case against him. In fact he was convicted of committing libel per se…He also repeatedly lied on the stand.

Petal De l’Fresange

If you receive such a message or know of another who has, please forward both the message and the headers for the message to me.

There is only one way to confront such smears and that is head on.

Beinin Successfully Defends Libel Charge

Saturday, June 25th, 2011

Stanford Professor Joel Beinin just won a court victory against Los Angeles pro-Israel activist Rachel Neuwirth, who’d charged him with libel in a case related to this blog.  Several years ago, Beinin wrote to me that Neuwirth had made a death threat against him, about which he was deposed in a separate case Neuwirth had filed against UCLA Hillel director Rabbi Chaim Seidler Feller.  I reported that here, and Neuwirth then included Beinin in the libel action she brought against both of us.

Originally, both our cases were joined, but when they came to trial a few months ago the cases were divided.  Beinin’s case was heard by a jury which found him not guilty of libel.  Mazel tov, Joel.  My case still awaits a decision from the judge who heard it.

Im Tirtzu Launches $600,000 Libel Suit Against Israeli Peace Activists

Thursday, May 27th, 2010

im tirtzu fascist movementRonen Shoval, the rightist leader of the uber-Zionist Im Tirtzu (“If You Want It”), has had enough of leftists making fun of him.  A Facebook group called Im Tirtzu–Fascist Movement arose to skewer I.T.  Then, horrors, a full-blown spoof website was created to lampoon the entire Im Tirtzu enterprise.  It was too much for poor Ronen.  He threatened to sue unless Didi Remez, one of the administrators of the Facebook site, apologized for his bad manners.

Didi told Ronen to take a hike in a meticulously argued legal brief submitted by his attorney, Michael Sfard.  The lawsuit is the result.  The claim is that by calling I.T. “fascist” they’re wrecking poor Ronen’s good name and reputation.  Keep in mind this is the group that put a rhino horn on Noami Chazan’s head in ads in every major Israeli newspaper that called New Israel Fund an enemy of Israel and the Jewish people.  Shoval is the same fellow who ran for the Knesset on a Kahanist-friendly party list.  The same guy who supported the diehard Gush Katif settlers who battled with the police against leaving Gaza in 2005.  This guy is no fascist, no.  He’s Theodor Herzl walking among us once more.  Im Tirtzu’s slogan is “the second Zionist revolution,” which knowing Shoval’s thuggery brings to mind Mao’s Red Guards and rivers of blood more than it brings to mind the Prague Spring.

'Whether You Want it or Not--a quiet fascist revolution,' spoof website

According to Israel’s Walla news portal, one of  Shoval’s claims is that the purpose of the Facebook group is to damage Im Tirtzu’s reputation (such as it is).  Duh!  Imagine that.  What’s this world coming to when you can’t call a flaming right wing racist what he really is.  And to think Didi Remez had the chutzpah to believe it was OK to besmirch Shoval in that way!

The suit also claims that the Facebook group uses “cheap demagoguery to create an ineradicable stain on the complainant’s reputation, which in the end will bring about its liquidation and the end of its impact on the public.”  Heaven forbid.  I know Didi Remez like I know my own brother and he would NEVER do such a thing.  Didi is a kind man, a good man, a lover of animals and even rightists.

Apparently, Ronen’s boys haven’t done their homework because their suit falsely claims that the Facebook group’s founders also created the spoof site, Whether You Want It or Not–the Quiet Fascist Revolution.

Walla also notes Shoval’s bullying of Hebrew Wikipedia for publishing an article calling I.T. a “right wing movement.”  Threat of a lawsuit was enough to persuade the crusading editors of Wikipedia to hide their heads in the sand and take down the article.  This would be like English Wikipedia taking down its article on the Tea Partyers because the group threatened a lawsuit for calling it right-wing.  The very notion seems preposterous.  But in Israel, where free speech and other democratic values are not rooted as deeply as here, intimidation by the well-heeled often works.  And Im Tirtzu is quite well-heeled thanks to a $200,000 gift from John Hagee’s Christians United for Israel.  Didi even reveals that I.T. had to plunk down a $10,000 deposit just to file its suit.  Apparently, Ronen thinks there’s going to be a satisfying legal payday in his future.

Roy Yellin, the founder of the Facebook group spoke sense in his Walla interview, welcoming the opportunity offered by Im Tirtzu to justify his claims about the group in court:

“The very nature of this lawsuit proclaims this group to be right-wing extremist, opposed to the value of free speech, and in favor of smearing left-wing organizations with the epithet ‘traitor,’ and in favor of the notion that these activists should ‘shut up and sit down.’”

Yellin claims that I.T. adopted tactics common in the U.S. of legal intimidation against individuals who express criticism of powerful figures or interests. Such tactics are not customary in Israel.

…Didi Remez’s attorney, in a letter to Shoval’s attorney welcomed an opportunity to allow an Israeli court to decide the case and to hear from Israeli and international experts on the question fascism and whether the word applies to Im Tirtzu.

I have to say it’s become a very intense time for lovers of peace and justice in Israel and the Diaspora.  It seems all the good values we ever associated with Israel are under assault and perhaps even dying before our eyes.  Im Tirtzu has its jack-booted heel on the throat of Israeli free speech and we can’t let them win.  That’s why we’ll be following this lawsuit closely and the escapades of those jolly fellows in Im Tirtzu as well.

I may not be a dragon-slayer.  But my goal is to even the playing field just a bit, so the bastards don’t get too smug and think they can trample on those of us who think differently than they do.

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Im Tirtzu Threatens Lawsuit Against Facebook Group

Thursday, March 11th, 2010
Im Tirtzu is fascist facebook group

Im Tirtzu: a Fascist Movement

The leader of the nationalist pro-Israel advocacy group, Im Tirtzu, threatened the founder of a mocking Facebook group with libel and court action.  Ronen Shoval is the founder of the Israeli NGO, which smeared New Israel Fund chair, Naomi Hazan, depicting her with a rhinoceros horn in demeaning newspaper advertisements.  Im Tirtzu’s intent was the assault NIF for it’s alleged role in coordinating Israeli human right testimony that buttressed the Goldstone Report.

Shoval wrote an intimidating e mail to Roy Yellin, who created the Facebook group, Im Tirtzu is Fascist warning that if he didn’t close the Facebook group in 72 hours he would haul him to court.  Yellin, a former spokesperson for the Meretz party, mocked Shoval’s threat and responded that he’d meet him in court and prove the charges true.  This is the type of penny ante harrassment for which the Israeli far-right is well known.  In fact it’s astonishing that Shoval would waste his time with this, all the while proving how little respect he has for freedom of speech, a supposed hallmark of Israeli democracy.  Not to mention drawing attention to Im Tirtzu is Fascist.

I invite you to join 2,000 2,300 other members of Im Tirtzu is Fascist and tell Shoval where he can take himself.  The founder of Im Tirtzu was at one time leader of the pro-settler student group, Orange Cell, but now claims he is a man of the “center.”  Considering there no longer is a viable left in Israeli politics, he may not be far wrong.

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Plaut Loses Appeal in Nazi Abuse Case

Wednesday, March 5th, 2008

Several years ago, Neve Gordon brought suit against Steven Plaut for calling him a “Juden-rat” and “kapo” after the latter visited Yaser Arafat during an IDF siege of his Ramallah compound. In Israel, laws prohibit using Nazi slogans to abuse or taunt in political debate. Unlike in the U.S., such speech is viewed with especial sensitivity given Jewish suffering in the Holocaust. Like much of the wingnut Israeli right-wing, Plaut specializes in abusing his victims by likening them to Jews who cooperated with the Nazis. He’s also a good buddy of Big-Mouth Dershowitz, who taunted Gordon in the pages of the Jerusalem Post dredging up the time-honored “self-hating Jew” epithet and daring him to sue him for libel in U.S. courts. Dershowitz’s juvenile behavior reminded me of a 12 year old yelling in the midst of a fight: “So’s your mama!”

Gordon called Plaut on it and an initial ruling by an Israeli court found against Plaut and ordered him to pay 100,000 shekels to Gordon. Plaut appealed and Gordon also asked the appeals court to reconsider a larger penalty. The appeals court has just returned its verdict and upheld the judgment. However, it reduced the award to 10,000 shekels. Gordon has the option to appeal to the Israeli Supreme Court to reinstate the original verdict and is considering doing so.

Plaut as is his wont is now lying, claiming that the court overturned his guilty verdict. Frontpagemagazine, if you can believe that gutter rag, maintains Plaut was entirely vindicated which is, like the rest of the magazine, a tissue of lies. Reading its coverage makes you feel as if you’re Alice peering through a wingnut looking glass. Two of my right wing readers have also attempted here to spin the decision as a Plaut victory. They must get their news from Frontpagemagazine and other wingnut sources.

Among the many moronic claims in the FPM article is that Gordon filed a SLAPP suit against Plaut. SLAPP suits are frivolous lawsuits filed generally by wealthy individuals, public officials, and corporations to inhibit speech that is critical of their interests. There is no SLAPP law in Israel. But the author wishes to use the SLAPP “brush” to tar Gordon with terms that have nothing whatsoever to do with Israeli legal or political discourse. And even if SLAPP was relevant to this discussion, the fact that the appeals court justices upheld the verdict indicates that Gordon’s suit passed muster and was not frivolous.

With Gordon’s victory, the progressive community has won three recent legal victories against Israel-First militants: previously Rachel Neuwirth lost her libel case against me and Joel Beinin settled a copyright infringement claim against David Horowitz by accepting the latter’s monetary settlement.

Neuwirth Loses Libel Case Against Tikun Olam

Wednesday, November 28th, 2007

Tonight is not a good night for Rachel Neuwirth. Like Casey at the bat, she took a mighty swing & like Casey she struck out.

She sued me for libel in Los Angeles Superior Court because I called her a “Kahanist swine.” Her claim was that this was the same as claiming she was a Jewish terrorist since Kahane Chai, Meir Kahane’s Israeli political party, is designated by the U.S. Treasury Department as a terrorist organization.


Her attorney, Charles Fonarow, told my attorneys that her case was a “slam dunk.” Seems Los Angeles Superior Court Judge John Reid had a different idea. It’s also important to note that Judge Reid is no activist liberal judge. He teaches law at Pepperdine University law school where Kenneth Starr is the dean. He’s a law and order conservative and he understood the principles of free blog speech that were involved in this case. He understood that calling someone a Kahanist swine, while not perhaps the most refined turn of phrase in the world, is permitted in the context of public discourse on an issue of great civic importance.

We won the case with an anti-SLAPP (Strategic Litigation Against Public Participation) motion under which the defendant must prove that his speech was made in a public arena and furthered a public good and that the plaintiff was a public figure. Rachel’s key argument was that she is a private figure (she argued that she was merely a real estate agent) and the my blog was a private forum (because I “controlled” it), all of which are patently false since she herself calls herself an “internationally respected journalist” in her online bio. That my blog is a public forum is also patently obvious as 250,000 unique visitors each year indicate. And I no more ‘control’ the 6,000 comments published on my blog than I control the entire web.

One of the beauties of the SLAPP motion is that the losing plaintiff must pay defendant’s reasonable court costs. This system was purposely designed to inhibit well-heeled individuals from bringing frivolous lawsuits against whistle blowers and other do-gooders. As the judge’s ruling states:

These lawsuits are generally brought to chill the valid exercise of constitutional rights. A SLAPP suit lacks merit and will achieve its objective if it depletes the defendant’s resources or energy because the aim is not to win but to detract the defendant from his or her objective. [An anti-SLAPP motion] is a procedural remedy to dispose of such suits expeditiously and thereby protect defendants’ free exercise of First Amendment rights on matters of public interest

So Rachel will have to dip into her savings to pay for our legal bills. I say “ours” since Rachel figured she’d kill two “kapo” birds with one stone by also including Joel Beinin in her suit. No doubt Joel is a figure who particularly irks her since he holds a distinguished academic position at Stanford University. Unfortunately, she struck out as her suit against Beinin failed as well.

The judge understood the important of protecting speech on an issue as critical and controversial as the Israeli-Palestinian conflict and agreed that Neuwirth was merely trying to stifle speech she disagreed with–rather than bringing a serious charge of libel.

He also raised an importance point which even I hadn’t considered in preparing my defense. Since truth is a defense in libel suits why didn’t she argue that the portion of my statement in which I called her a “Kahanist” was false? I think we could’ve made a good case against her if she’d raised this defense since her views, like Kahane’s, are so virulently anti-Arab. But she never even made the claim.

Another good point that he raised was that just as no reasonable reader would believe I was calling her a literal “swine,” so no reasonable reader would believe I was calling her a literal Kahanist “terrorist.”

Neuwirth’s claim against Joel Beinin involved a statement he made in the Alef discussion group informing members that she had made a death threat against him. She, along with Campus Watch, have claimed that this is a lie. Well, now I have the police report in front of me from the Stanford University Department of Public Safety reported (case IR 03 265 0181) on September 22, 2003. Beinin is so weary of this matter that he expressly asked me not to publish the report details here. But suffice it to say that Neuwirth DID call him a kapo and other vulgar demeaning terms. She likened him to Daniel Pearl and said that Beinin might meet the same fate as a traitor to his people. She noted that Hitler took care of those who were traitors first (not sure what this means exactly). Beinin felt so disturbed by the content of her calls that he called the police. The report quotes verbatim from her calls and documents the threat.

Now, I want to address the hazirfleisch with the unlikely name of “Cinnamon Stillwell” at Campus Watch who called Beinin a liar. During the lawsuit I could not speak of this matter on advice of counsel. But now the world can see who lied and who told the truth.

My attorney tells me that Neuwirth appeared quite upset at the end of the hearing. Her attorney told Judge Reid that he planned to appeal his decision to the State Court of Appeals. They were apparently both upset that the ‘slam’ didn’t ‘dunk.’ But the fact that the judge wrote a ten-page, intensively-researched opinion shows that the judge attached considerable importance both to the case and to his decision. It’s hard to believe that a higher court would rule against Judge Reid in this matter unless he made a serious error. And the very fact of the length of the brief and the amount of effort he lavished on it argues against that possibility.

Though I do not wish for an appeal, I would welcome one for one reason only. The higher this case goes, if affirmed, the more important a precedent it becomes in California jurisprudence. Protecting the rights of those who debate the Israeli-Palestinian conflict is a matter worth fighting for and worthy of judicial affirmation.

Finally, I’d like to thank my pro bono legal team from Dewey & LeBoeuf. They are heroes to me. They took this on out of a commitment to protect First Amendment rights and with little prospect of financial remuneration. They believed in my right to speak out forcefully about the Israeli-Palestinian conflict.

Unfortunately, others have threatened me with similar lawsuits in the past and perhaps some will do so in future. I think we have taken a stand that such intimidation will be met with a firm defense of my First Amendment rights and those of all bloggers.

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