In a written order that quoted Shakespeare, Figa wrote about the importance of upholding the constitutionally protected right to free speech. "Plaintiffs may well have filed this case more for vindication than for money, and perhaps vindication is what they deserve," Figa wrote.
"But they have a better chance for meaningful vindication in the court of public opinion through vigorous debate about the background and details of this heinous crime than by suing those whose reporting may arguably include some less than favorable references about them," the order said.
"Taking the broadcast as a whole, it did not hold up any member of the Ramsey family to public contempt or ridicule or accuse any of them of participating in the murder (of) their youngest family member," according to the opinion.
Uber-Libel lawyer Linn Wood of Atlanta represented the Ramseys. He filed the suit in Atlanta but Fox got it moved to Denver, where the standard for proving libel is a tougher one. After hearings last month , the writing was pretty much on the wall which way the Court was going to go. Judge Figa ruled that day that Colorado's damage law would apply to the federal case, which would have capped the Ramseys' potential recovery at $1 million per plaintiff. Also, the Judge ruled the Ramseys would have to prove Fox and McKinley acted with "actual malice." In other words, a showing of negligence would not suffice.
While I agree with the Court's ruling on this one, it bears repearing that there is plenty of evidence an intruder killed JonBenet Ramsey.
On a related note, it must make Kobe Bryant's lawyers happy to see Linn Wood lose a round - he represents the accuser in the civil suit pending against Bryant in Denver.
