The votes are in, and it's libel and breach of contract. Rupert Murdoch's News Corp. has now released the alleged anti-Semitic comments made by Judith Regan during the conference call that resulted in her firing. The Wall Street Journal reports that Regan said, "Of all people, Jews should know about ganging up, finding common enemies, and telling the big lie," and then went on to call literary agent Esther Newberg and HarperCollins employees David Hirshey, Jane Friedman, and Mark Jackson "a Jewish cabal. All of you people are conspiring against me."
Rude and inappropriate? Absolutely. Anti-Semitic? Debatable. Meanwhile Regan's attorney, Bert Fields, is claiming breach of contract (which he discussed at length in today's LA Times) and libel, a form of defamation of character that involves the publication of false statements about an individual leading to injury of the individual's reputation or character (the likelihood of which is discussed further here). To successfully assert a libel claim, a plaintiff must usually (depending on state laws) prove that the publication was intentional - not a problem in this case, now that HarperCollins and News Corp. employees are spouting Regan's alleged comments to willing reporters. Proof of the truth of the statements is a complete defense in a civil action for libel, meaning that if they can prove she said it, she has no case. Only factual misrepresentations are considered libel, not expressions of opinion.
As such, a libel claim presents an interesting issue. Before releasing her remarks, HarperCollins reps stated that the comments were "anti-Semitic." This is an expression of opinion, not an objective fact - whether or not the quotes they cited cross the line from inappropriate workplace behavior to actual anti-Semitism is subject to interpretation based on other factors (like, oh, say, whether or not the speaker herself is Jewish). Fields disputes the quotes cited by News Corp. spokesman Andrew Butcher, and asserts that Regan in fact said the following: "What she said was that she was being destroyed in the press for something that wasn't her fault, and that the Jewish people should understand more than anybody else what it is to be the victim of a big lie." A libel suit may come down to who can prove whether a few key words were said, and how they were interpreted.
ETP's Judith Regan Coverage:
Regan-Gate Continued: Bring On The Lawsuits!
If She Did It, Isn't It Relevant If She's Jewish?
BREAKING: Judith Regan Fired
