For those who may doubt the gravity of defamatory language, we would illustratively cite the results of the recent successful lawsuits brought by columnist, E. Jean Carroll against former President, Donald J. Trump. In the earlier matter, seeking damages for “Sexual Assault,” plaintiff Carroll was awarded damages in the amount of five million dollars; in the second case, based on “Defamation” [our contextual subject] the damages awarded were contrastingly, Eighty-three Million.
The nature of the harm (“tort”) caused by the intentional use of false words to defame another’s reputation amounts to the deplorable infliction of potentially enduring damage. The wrongful act is not, to any degree, mitigated by the principle of “free speech” which, is empirically limited, as is the case with all inherent and Constitutional rights. One’s liberty of action which would entitle him to throw punches stops just before the tip of another person’s nose. The seriousness of the defamatory use of words, may, in our view be more extensive and enduring than a criminal stabbing which may heal, but the damage to, or engendered suspicion concerning reputation, inflicted by defamation endures.
In addition, some words are used as epithets or critical comments which are based upon their misapprehended or ignorant understanding. MAGA cultists seem prone to label all programs of governmental assistance (such as social security, disability, and health benefits) as “Socialist,” a perceived epithet, notwithstanding their universally willing acceptance of the same. The fact that the designation of “Socialistic” is an entirely irrelevant designation of an economic-political system in which the central government owns all business and industry, (totally unsupported by anyone) is ignorantly utilized. Indeed, policies of capitalistic compassion empirically deter exotic political aspirations.
The salient, context of this writing resides in the recent use of the historically egregious, highly defamatory term, “genocide,” in reference to the Israeli military response to the barbaric assault by Gaza’s Hamas. It is our perception that the horrific effects on the non-participant Gaza civilians in the Israeli response to the barbaric assault by Hamas are patently excessive and we will be relieved when peace brings such a nightmare to an end. As lethally heartrending and essentially unjust as it appears to be, it does not justify the expletive, “genocide.”
Before the justification of the latter declaration, it seems appropriate to summarily review the facts underlying the conflict. Hamas terrorists surprised Israel with a barbaric attack in which babies were beheaded, and women, young and old, suffered the indignities of rape, and the pain of torture, amputation. The attackers took hostages, and as planned, retreated to underground tunnels, tactically constructed beneath Gaza hospitals and community centers with the hideous and pathological intention that the predictable retaliation by Israel could, by necessity, only be taken against the civilian population, their shield, living on the surface.
The pernicious intent was to engineer a tragic spectacle in which the angry Israeli military response would necessarily be effected against innocent Gazan civilians and thereby invoke the wrath and enmity of the international response to the tragic events. Hamas, aware of its military incapacity to eradicate the State of Israel (genocide) would thereby cause its abomination in international opinion. The hapless Israelis suffered the success of this tactically pathological intent, by its undeserved condemnation, by many nations for genocide; itself the repository and homeland for Jewish survivors of Hitler’s genocide of upwards of six million Jews. The event is tragic and undeniably horrific, but the State of Israel does not deserve the (anti-Semitic, convenient) epithet of “Genocide.”
Genocide is defined as the pernicious effort to eliminate a people, as took place in the Balkan Wars, the Tutsi-Hutu conflicts, and the Nazi Holocaust. The tragic extent of wartime horror, especially in defensive response to a (factually genocidal) aggression is not definitional or empirical genocide. If that were appropriate, it would empirically, follow that the carpet bombing of Dresden during World War 2, and perforce, the dropping of Atom Bombs on Hiroshima and Nagasaki would, likewise genocidal. In the present case, as in such historical events, there was tragedy but no intent to eradicate an ethnos.
The negative impact of false or defamatory charges can have enduring, painful results and should be chosen objectively, thoughtfully, and with accuracy.
* Thanks to the generosity of Mr. William Shakespeare for the use of the title, (as altered) from Romeo & Juliet Act. 1: “What’s in a Name?”
-p.