"Lefkowitz admitted that the offending words she wrote about Martin were untrue but contended, successfully, that because Martin is a 'public figure', as that term is understood in America's libel laws, he has to prove not merely negligence on her part in not writing the truth, but also that she was motivated by malice."
Anti-Defamation League obtains lawyer for Lefkowitz.
Martin Appeals Ruling Successfully
The Appeals Court of the Commonwealth of
Massachusetts recently handed Tony Martin a victory in his ongoing
libel suit against Mary Lefkowitz. Martin, professor of Africana
Studies at Wellesley College, is suing Lefkowitz, professor of
Greek and Latin at the same school, for statements she published
in Measure magazine. Lefkowitz alleged, among other things
in her article, that Martin called a white student "a fucking
white bitch. The young woman fell down as a result of his [verbal]
onslaught," Lefkowitz further alleged, "and Martin bent
over to continue his rage at her." Martin considered this
statement defamatory and initiated a libel suit. At the first
hearing two years ago, African American Justice Charles T. Spurlock
upheld Lefkowitz's preliminary motion to dismiss the case. Martin
appealed to the Appeals Court, which has now found in his favour.
Lefkowitz had argued that she was expressing an opinion and that
she was repeating a statement published elsewhere, and was therefore
not legally guilty of defamation of character. The three judge
Appeals Court panel rejected her argument. "The repetition
of a defamatory statement, if not privileged, gives rise to liability,"
they wrote. "If, as alleged, the statement is false,"
the Appeals Court continued, "the defendant cannot escape
liability on the ground that her opinion is based on that statement."
Lefkowitz began attacking Tony Martin's Wellesley class on "Africans
in Antiquity" several years ago. Her attacks escalated into
a general assault on Afrocentrism, and appeared in the Wall
Street Journal, Chronicle of Higher Education, New
Republic and elsewhere.
Her attacks culminated in a recent book, Not Out of Africa:
How Afrocentrism Became an Excuse to Teach Myth as History which
has been heavily promoted in the New York Times, on National
Public Radio, and elsewhere. Martin responded to her academic
attacks in his 1993 book, The Jewish Onslaught: Despatches from the Wellesley
Battlefront.
In the statements forming the subject of the present libel suit,
however, it is Martin's contention that Lefkowitz appears to have
stepped over the border between academic debate and defamation
of character. The Appeals Court judgement against Lefkowitz came
as the Jewish Anti-Defamation League of B'nai B'rith honoured
her for her anti-Afrocentric campaign. Lefkowitz was a special
honoree at the "elegant and inspirational evening" that
marked the Anti-Defamation League's 19th spring dinner. She was
feted as one who "rose above pressure, fear and personal
attack to firmly challenge erroneous afrocentrist [sic] claims
on her Wellesley campus." The Boston Jewish Advocate
(May 17-23, 1996) article cited above continued with Lefkowitz's
own spin on the current lawsuit -- "I am the example of what
ADL can do! When a lawsuit was served against me by a colleague
whose views I challenged, Wellesley College was not there -- but
Lenny Zakim and the ADL were. They obtained counsel for me and
stood with me as we refuted historical and anti-Semitic lies.
There is a destructive afrocentrism [sic] on the campus today...."
A high ranking ADL representative, Sally Greenberg, similarly
appeared in court to help defend the interests of Alexander
Nechaevsky, a Russian Jew who was apprehended by Wellesley
College campus police after issuing threats against Martin at
his college office. The Appeals Court has remanded the Martin
v. Lefkowitz libel case "to the Superior Court for further
proceedings." An earlier attempt by Lefkowitz to settle out
of court was unsuccessful when Martin rejected her offer and the
parties failed to agree on the basis for a settlement. The text
of the Appeals Court decision follows.
COMMONWEALTH OF MASSACHUSETTS APPEALS COURT TONY MARTIN vs
MARY LEFKOWITZ
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 94-P-1944.
The defendant repeated a statement contained in another's
article. The statement was: "The young woman fell down as
a result of his [verbal] onslaught and Martin bent over to continue
his rage at her." A jury could find such a statement about
a professor's conduct toward a student defamatory. Restatement
(Second) of Torts # 570 (c) (1977). The repetition of a defamatory
statement, if not privileged, gives rise to liability. Restatement
(Second) of Torts # 578. If, as alleged, the statement is false,
the defendant cannot escape liability on the ground that her opinion
is based on that statement. The plaintiff also alleged that the
statement was published with reckless disregard of whether it
was true or false. Since, under Mass.R.Civ.P. 12 (b) (6), 365
Mass. 755 (1974), "'a complaint should not be dismissed for
failure to state a claim unless it appears beyond doubt that the
plaintiff can prove no set of facts in support of his claim,"'
Nader v. Citron. 372 Mass. 96, 98 (1977); New
England Insulation Co. v. General Dynamics Corp., 26
Mass. App. Ct.. 28, 29-30 (1988), the motion to dismiss should
not have been allowed. The judgment of dismissal is reversed and
the matter is remanded to the Superior Court for further proceedings.
So ordered. By the Court (Dreben, Gillerrnan Laurence, JJ.),
Asst. Clerk Entered: May 17,1996.
1. Lefkowitz won Round One on a motion to dismiss.
2. Martin won Round Two. Mass Court of Appeal overturned lower court -- reinstated case.
3. Lefkowitz won Round Three on a motion for summary judgment.
Lefkowitz admitted that the offending words she wrote about Martin were untrue but contended, successfully, that because Martin is a "public figure", as that term is understood in America's libel laws, he has to prove not merely negligence on her part in not writing the truth, but also that she was motivated by malice.
She claimed that Martin did not prove malice. Martin has appealed.
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