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Jewish World Review Oct. 16, 2009 / 28 Tishrei 5770 Fact-checking outrage By Jack Kelly > http://www.JewishWorldReview.com | Now that he has been barred from buying a piece of a professional football team, might Rush Limbaugh be interested in owning a newspaper, and a cable news network? He may not have to use his own money to get them. Dave Checketts, the owner of the St. Louis Blues hockey team, had asked the conservative talk show host to be a minority investor in the syndicate he was putting together to buy the St. Louis Rams. But Mr. Checketts dropped Mr. Limbaugh after he was called a racist. The harshest criticism came from Bryan Burwell, a sports columnist for the St. Louis Post-Dispatch. Mr. Burwell quoted Mr. Limbaugh as having said: "I mean, let's face it. We didn't have slavery in this country for over 100 years because it was a bad thing. Quite the opposite: Slavery built the South. I'm not saying we should bring it back. I'm just saying it had its merits. For one thing, the streets were safer after dark." That quote was repeated by several anchors and reporters on CNN, MSNBC and ESPN, most baldly by CNN's Rick Sanchez. But Rush Limbaugh never said any such thing. A liberal blogger made it up, and posted it and another spurious Limbaugh quote to the effect that James Earl Ray, the assassin of Martin Luther King, deserved the Medal of Honor, on Wikiquote on July 20, 2005. Anyone can post anything on Wikiquote. There is no fact checking. Nor, apparently, is there fact checking at the St. Louis Post-Dispatch. Mr. Burwell said he took the bogus Limbaugh quote from the 2006 book, "101 People who are Really Screwing America," by John Huberman. Mr. Huberman provides no sourcing. CNN will check "facts" in stories critical of people they like. Wolf Blitzer fact-checked a Saturday Night Live skit on President Obama, which -- though this wasn't his intent -- was funnier than the skit itself. But CNN apparently doesn't fact check the things its reporters and anchors say about people they don't like. The journalists who repeated these bogus quotes say it's up to Mr. Limbaugh to prove he isn't a racist. It's difficult to prove a negative. But Mr. Limbaugh has been on the air for three hours a day, five days a week, for more than 20 years. It says something that his critics have been unable to find in all the things he's actually said anything that suggests racist sentiments. It also says something that Mr. Limbaugh's call screener, James Golden (Bo Snerdley), is black. If Mr. Limbaugh really were a racist, it shouldn't take bogus quotes to "prove" that he is. The journalists who have smugly adopted a "guilty until proven innocent" attitude toward Mr. Limbaugh may come to regret it. "We are in the process behind the scenes of working to get apologies and retractions, with the force of legal action, against every journalist who has published these entirely fabircated quotes about me, slavery, and James Earle Ray," Mr. Limbaugh said. Since the Supreme Court's decision in the 1964 case of the New York Times v. Sullivan, it's been difficult for a "public figure" to win a libel suit. It isn't enough to prove that the accusation is false, and caused harm. The public figure must also prove the accusation was made with actual malice, or with a "reckless disregard" for whether the accusation was true or not. If I were an executive at the St. Louis Post-Dispatch, and especially if I were an executive at CNN, I wouldn't be smug about the outcome of a lawsuit. The kvetching in the "mainstream" media about conservative blogs could be seen as evidence of "reckless disregard." "The irony is, of course, that the people who are reporting (the bogus Limbaugh quotes) as fact are the same types who are always denouncing bloggers as forces of evil intent on destroying proper journalism -- proper journalism being the kind that involves checking facts," said the British journalist Toby Harnden. When CNN's Rick Sanchez reported the bogus slavery quote as fact, he ran with it an old photo of an obese, sinister looking Rush Limbaugh. But it has been many months since Mr. Limbaugh lost more than 80 lbs. He cuts quite a trim figure now, as CNN well knows. Running the old photo with the false report could be seen by a jury as a sign of malice. Even if he doesn't win, for a fraction of what he would have spent to acquire a piece of the Rams, Mr. Limbaugh can make life miserable for the journalists who libeled him. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment by clicking here. JWR contributor Jack Kelly, a former Marine and Green Beret, was a deputy assistant secretary of the Air Force in the Reagan administration. Jack Kelly Archives © 2009, Jack Kelly

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