is obviously a direct instruction by Judicial Watch
to Taitz to publish what
Ruffley falsely told Taitz. In addition, an email from Ruffley to her
superiors at Judicial Watch talks about celebrating Klayman’s having
left. Ruffley also testified
that she thinks of Klayman “morbidly.”
Ruffley Deposition at 51. Specifically Ruffley maliciously wrote
, “Gee whiz, it’s been just 9 ½ years since [Plaintiff] left [Judicial Watch].
Should there be a 10-
year anniversary on 9/23? <grin> [sic].” Importantly,
this malicious correspondence between Ruffley and her Judicial Watch superiors was only provided to Plaintiff after Plaintiff filed a motion to compel a computer expert to search for obviously withheld emails and other documents during document production. In any event, the publication is libel per se, and actual malice need not be shown. See
Campbell v. Jacksonville Kennel Club, Inc
., 66 So. 2d 495, 497 (Fla. 1953);
Wolfson v. Kirk
, 273 So. 2d 774 (Fla. Dist. Ct. App. 4th Dist. 1973). Third,
as set forth in Plaintiff’s opposition, Judicial Watch miscites and
mischaracterizes the cases which it relies on to assert the substantial truth doctrine.
Plaintiff’s Opp. To Def’s Mo.
For Summ. Judgment at pgs. 15-19. Regrettably this Surreply is necessary as Judicial Watch once again misrepresents the facts and holdings of these cases. In any event, this is an issue for the jury to decide, not the trial judge, as the cases show where a jury has been requested, as is true here. When a plaintiff requests a jury trial, it is not generally for the district court to decide whether a statement is defamatory or not.
It is only when the court can say that the publication is not reasonably capable of
defamatory meaning and cannot be reasonably understood in
defamatory sense that it can rule as a matter of law, that it was not li
Levy v. American Mut. Ins. Co.
, 196 A.2d 475, 476 (D.C. 1964) (Emphasis added);
Weyrich v. New Republic, Inc.
, 235 F.3d 617, 627 (D.C. Cir. 2001).
[I]f the language is capable of two
Case 1:13-cv-20610-CMA Document 103 Entered on FLSD Docket 03/31/2014 Page 2 of 3