Headline didn't libel Watertown man by calling him an Iranian spy after he was arrested only on a charge of being an unregistered Iranian mouthpiece, judge rules

2 years ago 280

A national justice has dismissed Kaveh Lotfolah Afrasiabi's libel suit against United Press International for a header it ran connected an op-ed piece that labeled him arsenic an Iranian spy pursuing his apprehension successful January connected charges helium didn't registry with the US authorities arsenic a overseas cause for enactment helium did to contiguous the Iranian broadside of things successful Western property interviews.

US District Court Judge Allison Burroughs ruled that the headline, "Iranian spy arrested by FBI was wolf successful sheep's clothing," was intelligibly opinion, which is protected nether the First Amendment, due to the fact that UPI ran it connected a leafage with different op-ed pieces and due to the fact that the author's bio astatine the extremity of the nonfiction identified him arsenic "the coordinator of the Campaign for Iran Change,” which the justice concluded "confirms that helium was penning with a subjective dependable and advocating for a peculiar position."

Also, consumers of quality stories cognize that headlines aren't the spot to look for nuance, citing a 2015 lawsuit involving a Herald communicative astir the termination of Boston pb vocalist Brad Delp:

Media outlets, similar UPI, are afforded further latitude erstwhile publishing headlines due to the fact that a “reasonable scholar would not expect [a headline] to see nuanced phrasing.” Scholz v. Delp, 41 N.E.3d 38, 47 (Mass. 2015)

And, successful fact, the nonfiction itself makes nary claims astir him being a spy, but rather, accurately states the quality of the charges against him successful US District Court successful Brooklyn, she wrote.

She added:

Additionally, the header itself makes wide that it is opinion, not an assertion of fact. Although the word "spy" is arguably susceptible of being proved false, the operation "wolf successful sheep’s clothing" plainly is not.8 Given that the word "Iranian spy" is followed by "a wolf successful sheep’s clothing," the full headline, work unneurotic arsenic it indispensable be, spot Cole, 435 N.E.2d astatine 1025, is intelligibly a connection of opinion.

She buttressed that thought successful a footnote:

The operation “a wolf successful sheep's clothing” is an idiom, incapable of being proved mendacious (or true). Just arsenic Dr. Afrasiabi could not beryllium that (1) a vertebrate successful manus is not really worthy 2 successful the bush,(2) a roseate by different sanction would not odor arsenic sweet, oregon (3) each unreality does not person a metallic lining, helium cannot beryllium that helium is not a wolf successful sheep's clothing.

She continued that the information that UPI yet changed the header astatine Afrasiabi's petition means thing due to the fact that quality outlets bash that each the time, with nary admittance of immoderate guilt.

Parties routinely instrumentality measures designed to debar litigation that are not admissions of liability oregon misconduct. What UPI did successful an effort to appease Dr. Afrasiabi does not change the Court’s uncovering that the Article’s header was a non-actionable opinion.

Afrasiabi, who has frequently turned to the tribunal system to close perceived wrongs, has appealed the ruling to the US Court of Appeals for the First Circuit successful Boston.

The transgression lawsuit against him, nether the aforesaid instrumentality utilized to snare Trump run manager Paul Manafort, has yet to travel to trial.

Read Entire Article