**UPDATE 3: I decided to un-draft this. In
looking back, I see that it was largely a bunch of immaturity and I should've just ignored
Frank Walton from the get-go.
**UPDATE 2** See
Frank and Playing With Fire for more. I'll not be commenting any more about this, and I'm leaving the thread open for comments from anyone. Poor bastard.
**UPDATE** Frank Walton has removed the offending material from his website. He has demonstrated some ethical concern, after all, and I give him the credit of responding with moral responsibility rather than out of pure fear of litigation, although he somewhat denies that attribution of motive (see http://atheismsucks.blogspot.com/2006/06/dear-oh-dear-what-to-do-with-aaron.html) [edited to remove hyperlink - cut and paste if you want to view] (citing concern for losing his blogsite). Nonetheless, as I pointed out earlier, I am happy that he has taken down my emails and the libelous statement that he made, and I do not wish to pursue any legal recourse, although the act of removing the statement does nothing to reduce his liability. I am unsure of how the
Infidel Guy,
Ed Babinski,
John Loftus, and
Aaron may proceed, if at all.
If I may offer Frank some unsolicited advice: quit doing damage to your own cause, and putting yourself in these awkward situations, by reflecting so poorly upon the religion of Christianity with personal attacks, insults, and libelous statements. Many people are convinced more by the
apparent morality of those who profess a belief than they are with the belief itself.
I had heard of a little fellow named Frank Walton (see http://atheismsucks.blogspot.com) [edited to remove hyperlink - cut and paste if you want to view] a few months back. He has apparently taken it as his divinely-inspired mission to personally insult and attack atheists on the web, presumably due to the overflow of Jeebus' love in his heart. No, he doesn't address much of the substance of their arguments; yes, he engages in almost 100% pure personal attacks. Today, however, poor Frank has gone beyond insult and into injury: litigation-worthy libel. And, as much as it pains me to do so, I will likely attempt to proceed by filing a complaint.
The situation with libel/defamation, as my lawyer-friend informed me yesterday [as we ironically discussed Frank's possible libel against the Infidel Guy], is that the accused must make a statement of fact, which can be shown to be false, which is injurious to the victim. Good ol' Frank has supplied us (see http://atheismsucks.blogspot.com/2006/06/daniel-morgan-responds-to-me-after-i.html) [edited to remove hyperlink - cut and paste if you want to view] with just such a statement today, out of clear malice:
Apparently, if a Christian ever makes a refutation in the comment section the staff of "Out of Christianity" will take it as "evangelism" and would therefore delete it. Typical. I'm not so sure why Daniel is so interested in my penis or my sex life but at least I have both.
Frank Walton now makes two claims:
1) That I am "so interested" in his penis and his sex life
2) He implies, by, "at least I have both," that I do not have either of the two, perhaps alleging that this is what #1 stems from
Hopefully, Frank Walton has the ability to use one of the historical defenses of defamation, particularly opinion. In this case, though, opinion is not factually falsifiable, while the second defamatory statement clearly is. It is on this legal ground that I can stand and watch poor Frank sink. Furthermore, statements alleging sexual misconduct are legally categorized defamation per se, to which the only successful defenses are historically those which can prove the veracity of the claim.
Now, you may be wondering, "Where did this defamation come from?" "Why did Frank publish such libelous statements?" Let me explain:
A few days back, Aaron Rossetti posted some articles on his website, which Gene Cook decided to critique on his radio show. Gene is a pastor at Covenant Baptist Church of San Diego. Gene apparently enjoys defending his worldview against rational thinking, which, in the case of Christianity and other worldviews hinged on a cartoon universe and Magic Men, does indeed require the apologist to bear a heavy burden.
In his defense, he gave proper attribution back to the author, despite a lack of permission to use the material, and Gene would probably claim that it was solely for nonprofit, educational purposes, which falls under the fair use guidelines. Obviously, it could be argued that Gene is indeed profiting from the use of Aaron's material, since the radio show brings in revenues to the church via donors and exposure. But, Aaron does not mind, although he did notify Gene that he did not give him permission to use his material.
That's no big deal, right? The problem came when Gene decided to send an email to Aaron asking him to come onto his show. Aaron politely responded, "No thanks," telling Gene that he had no interest in doing any interviews with anyone. Gene, displaying the love of Jesus in full form, retorted to Aaron that he would be, quote, "Demonstrating that the real problem is that Aaron has the theological understanding of a kindergartner." Never minding that Jesus supposedly said that we all had better have the mindset of a child to enter heaven [perhaps Gene is not as Biblically-cognizant as other pastors I know, who are all quite familiar with Matthew's gospel, chapter 18, verses 2-4], we will assume that Gene was not asserting to Aaron that his place in heaven is secure, and that instead, Gene meant to insult Aaron, although this insult was entirely unwarranted.
Understandably, this completely unprovoked barb from this self-professed follower of Christ miffed Aaron a bit, who responded less politely in return. Now, mind you, these are private correspondences, which Aaron did not forward to anyone else, and did not post an article about on his website.
Two days ago, a boy who I will refer to as "Jesus' Pit Bull" [defending his leader's legacy analogously, but more vitriol-laden and less logic-based, to Dawkins defense of Darwin, or the more-tame Huxley, but with non-equivalent amounts of drool] from here on, Frank Walton, somehow gets these private emails between Gene and Aaron [presumably from Gene, who apparently hires out his dirty work], and decides to post their full contents to the web, completely without permission from Aaron, including Aaron's private email address. Now, Jesus' Pit Bull may simply be ignorant, or so I assumed, when I wrote him informing him of the unethical and illegal reproduction of an author's literary work without permission. For those skeptics of you out there, check out this attorney's write-up, and this firm's write-up, on the legal issues surrounding email copyright infringement.
Now, Aaron is not the litigious sort, so in this case, simply wrote to both Frank Walton and Gene Cook with a simple "cease and desist" order to remove the infringed material from the website, since his permission to post it was denied. Seeing that both men are such devout followers of their god, one would expect such a simple request to be honored, even were it not a legal issue, out of ethical fiber. Well, Jesus' Pit Bull has, thus far, not displayed such a constitution, and the offending material remains on his web site. I cannot say whether or not Gene has asked Frank to remove the material. Perhaps the boy's leash broke. I wrote to Aaron informing him of these issues, and to Jesus' Pit Bull. To JPB's credit, Aaron's email address has been removed.
What does Jesus' Pit Bull do in reply? Why, cross the same ethical line, of course! He reposts the contents of my first email to him, with a portion deleted which refutes some of the bunk he has posted to his site, while neglecting to mention the follow-up email from me and from Aaron entirely in which we inform him of the legal and ethical transgression he is comitting from posting emails without permission. Aaron and I have now both informed Jesus' Pit Bull of this breach of law and ethics, in reproducing our private correspondences without our permission, but this apparently only made the pup a little more vicious, as he went for defamation of character.
I have forwarded the same notice of legal rights and protections to persons who Jesus' Pit Bull has previously defamed, including, but not limited to, Infidel Guy, John Loftus, Ed Babinski, and Aaron Rossetti. I have also made sure to save the evidence of Jesus' Pit Bull's defamation of their character as well, in the event that these others, or myself, decide to litigate.
Perhaps Jesus will shield his faithful from the consequences of their actions, after all, he supposedly bled and died for their transgressions, and we would think this would include legal ones as well as spiritual ones. Maybe his powers will protect them? I mean, if god is able to avert an eternal hellfire for these fellows, he can surely avert a lawsuit, right? Let's wait and see.
I think that the Infidel Guy has likely the strongest case of all, and my lawyer-friend agreed. Since the Infidel Guy's living is maintained via his website, writing and radio show, demonstrating defamation per se in his situation would be rather straightforward: showing that Jesus' Pit Bull's allegations have been "injurious to another's trade, business, or profession." This would not be difficult given the things (see http://atheismsucks.blogspot.com/2006/05/man-arrested-for-sexually-assaulting.html) [edited to remove hyperlink - cut and paste if you want to view] that Frank has said about Infidel Guy. The specific allegation linked to there is that Infidel Guy is "new" best friends with a man who comitted bestiality, implicitly because of the act of bestiality itself, and that Infidel Guy himself "would not have a problem" in performing such sexual acts with other animals. In so doing, Frank has stepped over the per se demarcation line with injury to Infidel Guy's business and allegations against his sexual conduct. Big no-no in libel cases.
Perhaps a legal whipping of the pup will muzzle it a bit. It would be different if this was an isolated event in this little guy's life, hell, we've all done it once or twice...but it is quite clearly Jesus' Pit Bull's mission and hobby. We'll have to wait and see how this pans out, but I do have an attorney available to me free of charge, besides my lawyer-friend who may be willing to help, so this will be an interesting situation, indeed. I will be getting an appointment in the next few weeks [they're always booked], so expect an update soon.