Parker Poe, a Raleigh, North Carolina firm that represents Democratic Senate hopeful Kay Hagen, has sent a “cease and desist” letter to GOP incumbent Elizabeth Dole over a campaign ad linking Hagen to a group called “Godless Americans PAC“. The letter contends that the ad is false and defamatory in suggesting that Hagen has accepted donations from Godless Americans PAC and shares the group’s anti-religious sentiments. As the letter notes, Hagen is in fact an active member of the First Presbyterian Church of Greensboro, where she has served as an Elder and Sunday School teacher.
If Hagen were to pursue a defamation claim, it would be subject to the restrictive “actual malice” standard that applies to public figures under New York Times v. Sullivan. Under that standard, Hagen would have to show not only that the ad’s assertions against her are false, but that Dole and her campaign knew those assertions were false or broadcast the ad with reckless disregard for the truth. At least in the wake of the Parker Poe letter, Dole and her campaign are certainly on notice that Hagen contests the veracity of the ad’s assertions.
Of course, as a godless American myself, I’d like to imagine a world in which calling someone “godless” was not defamatory. But, in the current socio-political environment, “godlessness” is akin to uncleanliness. Candidates for public office are expected to proclaim their “faith” loudly and often. Indeed, the North Carolina state constitution declares that “any person who shall deny the being of Almighty God” is disqualified from holding public office (a provision that is patently invalid under the U.S. Constitution, but remains enshrined in the supreme law of my home state nonetheless).
I would have been just as happy if Kay Hagen really did reject religious mythology; but the fact is that she does not. I would have been even happier if Hagen were to affirm that non-believers are not second class citizens disqualified from holding public office; but I can understand why a candidate, especially in a churchgoing state like North Carolina, would be reluctant to take that stance. Under the circumstances, I’m happy enough that Hagen is taking a strong position in response to Dole’s “godless” smear.
(Thanks to Ed Cone for the tip.)
Filed under: All the King's Men | Tagged: election 2008, law, politics, religion | 5 Comments »