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Reason
Reason
Politics
Eugene Volokh

Judge: Criticisms of Epoch Times Were Substantially True or Opinion, Not Libel

From today's decision by Judge Lance Walker (D. Me.) in Cheng v. Neumann, which seems correct to me:

Plaintiff Epoch Group, Inc. … is a New York corporation that publishes the online newspaper the Epoch Times. Plaintiff Dana Cheng is a New York resident. She is also an officer of Epoch Group and a founder of the Epoch Times.

Defendant Maine People's Alliance is a Maine corporation and publishes the online media outlet the Beacon. Defendant Dan Neumann is a Maine resident who writes for the Beacon. On June 16, 2021, the Beacon published an article written by Neumann and titled "Maine GOP hosts speaker present at Jan. 6 Capitol Assault" …. The Article described how the Maine Republican Party, Gray Republican Town Committee, and Christian Civic League hosted an event in Maine that featured a livestream address by Cheng.

The Article featured Cheng's image at the top of the page and identified Cheng in the opening paragraph as "a far-right media personality and conspiracy theorist who has said she was among the supporters of former President Donald Trump who were present at the riot at the U.S. Capitol on Jan. 6." The Article identified the Epoch Times as a "right-wing multi-language newspaper and media company."

In support of these opprobrious epithets the Article went on to quote or paraphrase some of Cheng's remarks made during her livestream with the Grey Republicans and during a recent radio interview aired on Denver radio station KLZ 560 AM and presently available by podcast at the Kim Monson Show. Concerning the latter, the Article reported that Cheng stated that the January 6 violence was perpetrated by the "antifa movement" rather than by supporters of President Donald Trump.

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