Andy Martin sues New York Times, Dallas Morning News over claim his Obama claims were “debunked” as “rumors”

Martin says that facts are facts. Neither Senator Barack Obama nor the New York Times, nor any other mainstream media, can ignore or erase the facts concerning Obama’s religious roots. There has been no debunking of Martin’s claims concerning either Obama’s original religion or the principles of Islamic theology. The stage is set for a court battle over Islam, Obama and the mainstream media’s “whitewash.”


UNITED STATES OF AMERICA
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR DUPAGE COUNTY, ILLINOIS


ANDY MARTIN,
AT LAW
Plaintiff,

v.
2008 L 407
NEW YORK TIMES COMPANY,
DALLAS MORNING NEWS, Status Date: 7/7/08
FARHAD MANJOO, Mgmt Date: 9/25/08
JOHN WILY & SONS, Assigned To: 2010

Defendants.
______________________________/




COMPLAINT

1. Jurisdiction and venue
a. This court has general common law jurisdiction to hear and determine the matters presented.
b. Venue is proper in DuPage County. The New York Times is printed in Illinois and is widely available in DuPage County.
2. Factual allegations
a. The parties
A. Plaintiff Andy Martin (“Plaintiff”) is Executive Editor and Publisher of www.ContrarianCommentary.com, an Internet newspaper, and related blogs http://www.contrariancommentary.bogspot.com/ and www.contrariancommentary.wordpress.com. He has been described by the defendants as “a colorful Web columnist…”
B. Plaintiff has a worldwide audience and is known for his independence and integrity, particularly his Middle East commentaries and especially during the period when he served as a bureau chief in Baghdad during 2003.
C. Plaintiff has forty (40) years of broadcasting experience beginning in 1968 when he became the youngest person ever authorized by the Federal Communications Commission to operate a television station license.
D. Defendant New York Times Company is the publisher of the New York Times Magazine and www.nytimes.com.
E. Defendant Dallas Morning News (“DMN”) is a licensee of the New York Times Company as to the defamatory material sub judice.
F. Defendant Farhad Manjoo (“Manjoo”) is the author of the article giving rise to this lawsuit.
G. Defendant John Wiley & Sons is the publisher of Manjoo’s book, “True Enough.”
b. The Facts Giving Rise to This Lawsuit
A. Manjoo apparently wrote a book (“True Enough”) and to draw attention to the publication of his book by John Wiley & Sons Manjoo wrote a brief commentary in the New York Times Magazine (“Magazine”) which appeared March 16, 2008. A copy of the relevant portion of the article is attached as exhibit A; the article was also placed on www.nytimes.com.
B. Manjoo stated that Plaintiff was a “colorful Web columnist…” who had written a story about Senator Barack Obama (“Obama”) but “offered no proof” that Obama was a Muslim. Manjoo characterized Plaintiff’s claim as a “rumor” that had been “debunked.”
C. Manjoo’s article in the Magazine was published by the DMN and achieved wide prominence. The article has been referred to by other writers, see Exhibit B.
D. Plaintiff’s claims concerning Obama were not “rumors” and have not been “debunked” as Manjoo and the other defendants claimed.
E. Although Obama has sought to obscure the religious roots of his Kenyan family, his father was a Muslim, his grandfather was a Muslim and, under Islamic law, Obama became a Muslim at birth due to the religion of his father.
F. Under the First Amendment to the U. S Constitution, Americans are free to believe, or not to believe at all. Many American religions are virtual “open doors” and are subject only to the practices of local denominations. America’s religious freedom, however, cannot rewrite the catechism of a worldwide religion, and redefine that religion’s basic beliefs.
G. Thus, while Obama eventually became a Christian--a conversion that Plaintiff has freely acknowledged in subsequent columns-—Obama as a matter of Islamic law began life as a Muslim under Islamic law.[1] And while someone in the United States can “change their religion” virtually at will and subject only to the requirements of the religious denomination with which that person is affiliating, such freedom does not negate the principles of Islamic law which make Islam a lifetime religion, http://en.wikipedia.org/wiki/Apostasy_in_Islam.
H. While the specific details are beyond the scope of this lawsuit or the controversy, recent reports have noted how religious conversion is frowned on under Islamic law and can even land someone in jail for blasphemy.
I. Plaintiff’s comments concerning Obama’s religious roots were not “rumors,” and have never been “debunked” by anyone.
J. The defendants’ claims were false and were published with reckless disregard for the truth. While Plaintiff is admittedly a public figure, defendants published claims about him that reflected “actual malice” as that term is defied in defamation law.

3. Legal claim
a. Manjoo’s claims concerning Plaintiff were false and defamatory.
b. Plaintiff’s comments concerning Obama have never been “debunked,” were not “rumors,” and were based on both undisputed facts and fundamental principles of Islamic law.
c. Plaintiff takes great pride in the factual accuracy of his writing and does not knowingly publish either false facts or “rumors.” His columns have a masthead that says “Factually Correct, Not Politically Correct.”
d. Plaintiff was defamed in his trade or business by the defendants claims (Exhibit A), and said defamation constituted libel per se.
e. Plaintiff demanded a retraction from the defendants and they have ignored his request.
4. Demand for judgment
Plaintiff demands a judgment as follows:
a. Plaintiff seeks money damages of sixty thousand dollars ($60,000.00).
b. Plaintiff seeks costs and fees of this action, not to exceed one thousand dollars ($1,000.00).
c. Plaintiff seeks a declaration that his claims were factually correct, were not “rumors,” and were never “debunked” by any media.
Dated: April 9, 2008
Respectfully submitted,
ANTHONY R. MARTIN
SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL
30 E. Huron St., Suite 4406
Chicago, IL 60611-4723
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: andymart20@aol.com (text only)
[1] While Obama has sought to obscure his religious roots by claming his father, Barack Obama Senior was a nonbeliever, Senior also began life as a Muslim due to the Islamic conversion and practices of his own father, Barack Junior’s grandfather. Both father and son were given the middle name of “Hussein,” a sign of Muslim piety. The father apparently received a Muslim burial rite.