Court: Day laborers can't sue Fox for defamation

The Associated Press
3:58 p.m. May 15, 2009

SAN DIEGO — A state appeals court ruled that seven day laborers can't sue Fox News for defamation because a talk-show guest accused them of assault.

In a 2-1 decision, 4th District Court of Appeals judges on Thursday upheld a Superior Court ruling dismissing the case.

In a November 2006 appearance on the "Hannity & Colmes" show, anti-illegal immigration activist John Monti claimed the laborers attacked him, holding up their pictures while Fox displayed the phrase "Manhunt at the Border" at the bottom of the screen.

The seven men sued for defamation, claiming the broadcast made them seem like men wanted for a crime.

The appeals court found that the broadcast truthfully reported that the incident was under investigation and declared that the "Manhunt" caption was "an attention-grabbing and colorful way" of referring to Monti's personal search for the men.

The decision was written by Justice Judith L. Haller and Justice Judith McConnell concurred.

Justice Cynthia Aaron dissented, saying the term manhunt suggested that law enforcement was involved.

Plaintiffs' lawyer James C. Mitchell said he will likely ask the California Supreme Court to review the ruling.

Fox News lawyer Guylyn R. Cummins said the broadcast didn't give false information and the decision upheld a long line of court cases where sensational statements aren't taken literally.

The day laborers also sued Monti, who settled for $30,000. A lawsuit filed against San Diego Minutemen founder Jeff Schwik, who handed out fliers that accused the men of assault, has not yet gone to trial.
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Information from: Daily Commerce

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