Barry Goldwater’s lawsuit against Fact magazine shows the bar Dominion Voting Systems will have to clear if it is to win its $1.6 billion defamation suit against Fox News, which goes to trial this week.
“The Ginzburg case is probably best known for the professional ethics issues that it raised in the psychiatric community, but as a libel action it’s notable because it was the rare case in which the plaintiff was able to prove that the statements at issue were made with knowledge of their falsity,” said Jonathan Peters, a media law professor at the University of Georgia.
But Peters said the trial and appellate courts found that Fact magazine executed a preconceived plan to attack Goldwater’s character. Among the smoking guns, he wrote in an email to The Post, were “source material that the editor and reporter knew to be false ,” sources Fact quoted out of context, and “innuendo” added to some of the quotes, “all of which demonstrated the magazine’s state of mind and lack of good faith.
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