Crimson: Is there a cheaper was of providing this service'

Lewis: I have my own pet theory, which is the approach used in France and Germany. And that is that you should have a declaratory action too the plaintiff says that such and such a statement about him or her is untrue The action is only designed to clear the name. No damages The only thing you get if you win is. A, a court order to the offending publication to carry a retraction, and B. the cost of your lawyer...

Simons: I don't think public officials, elected public official ought to hve the right to sue for libel.

Nesson: Even Tony's version--

Simons: Yes even the French version. I just think that if you become an elected official, you give up the rights of being a private person.

Nesson: How about a general?

Simons: I think maybe I would include generals too.

Nesson: Like Westmoreland?

Simons: I agree with Tony. These people all have a platform any time they want it.

Nesson: How about a university president?

Simons: Oh that's a private person.

Nesson: Oh anytime I need to know I just need to call you and ask you.

Simons: That's right. I'll tell you. (laughter)

Lewis: Can I just interrupt to chime in with an apt quotation on the point Howard was making. This is a wonderful libel opinion. Its an opinion of Judge Bork's in a case decided in the U.S. Court of Appeals for the D.C. circuit last week. "In deciding a case like this therefore, one of the most important considerations is whether the person alleging defamation has in some real sense placed himself in an arena where he should expect to be jostled and bumped in a way that a private person need not expect. Where politics and ideas about politics contend, there is a First Amendment arena. The individual who deliberately enters that arena must expect that the debate will sometimes be rough and personal." That's what I think.

Nesson: Except "jostled and bumped" sounds very benign. It's what happens when we walk out into the street. And the libel plaintiffs view is, "I didn't get jostled. I didn't get bumped. I got decked. I got malevolently knocked out. (laughter) And I want to prove it."