LAW ANALYSIS COMPROMISED: SPLC Whistleblower’s History Makes Groundbreaking Defamation Case Even Stronger

The Daily Signal

June 4, 2023

By Tyler O’Neil

In order to win a defamation lawsuit, the person suing must convince the court and ultimately the jury that the slanderer didn’t just publish something false, but that he did so even while suspecting that the attack was false.

Immigration enforcement activist D.A. King’s lawsuit against the Southern Poverty Law Center made it to the discovery process while so many other lawsuits have failed precisely because King showed that the SPLC had reason to doubt the truth of its claim that his organization, the Dustin Inman Society, was an “anti-immigrant hate group.” In fact, the SPLC had explicitly stated that the society was not a “hate group” in 2011, but it reversed course in 2018, right after registering a lobbyist to oppose a bill the society supported.

As I wrote in my book “Making Hate Pay,” the SPLC routinely brands mainstream conservative and Christian organizations “hate groups,” putting them on a map with chapters of the Ku Klux Klan. This smear inspired a terrorist attack in 2012, but when conservatives sue to defend their good names in court, they repeatedly fail, in part because they do not allege that the SPLC itself doubted the “hate group” smear.

King can claim that, and newly revealed evidence bolsters his claim even further.

According to an article King unearthed on the SPLC website, not only did the SPLC state publicly that his group was not a “hate group” before it reversed course, but an SPLC whistleblower who went on to describe the SPLC’s “hate” accusations as a “highly profitable scam” had himself been involved in the SPLC’s monitoring of King’s organization. He even quoted a source who stated that an early version of King’s organization was not a “traditional ‘hate’ group.”

In 2019, the SPLC fired its co-founder, Morris Dees, amid a racial discrimination and sexual harassment scandal that barely made a blip in the legacy media. At the time, a former SPLC employee by the name of Robert Moser published an article, “The Reckoning of Morris Dees and the Southern Poverty Law Center” in The New Yorker.

Moser wrote about the guilt he “couldn’t help feeling about the legions of donors who believed that their money was being used, faithfully and well, to do the Lord’s work in the heart of Dixie. We were part of the con, and we knew it.” He wrote that SPLC staffers would chat “about the oppressive security regime, the hyperbolic fund-raising appeals, and the fact that, though the center claimed to be effective in fighting extremism, ‘hate’ always continued to be on the rise, more dangerous than ever, with each year’s report on hate groups.”

“‘The S.P.L.C.—making hate pay,’ we’d say,” he wrote. “It was hard, for many of us, not to feel like we’d become pawns in what was, in many respects, a highly profitable scam.”

Moser’s revealing article has become even more important since he published it in 2019. Moser himself wrote for the Intelligence Project, the SPLC division that produces the “hate group” list. In fact, he also wrote an article about King back in 2005, in which one of Moser’s sources said the first version of King’s organization—known as American Resistance—was not a hate group…. please read the entire article here.

—>UPDATE: The liberal AJC prints a lengthy correction after demand letter from the Dustin Inman Society. More news on this coming soon.

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Daily Signal News report (‘DEFAMATORY’: Conservative Demands Swing-State Newspaper Retract ‘Hate Group’ Smear’)
on the recent AJC attack here by the great Tyler O’Neil.

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I added educational hyperlinks to the below letter – dak.

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October 18, 2024

VIA U.S. REGULAR MAIL & E-MAIL

Leroy Chapman, Jr., Editor in Chief THE ATLANTA JOURNAL-CONSTITUTION 223 Perimeter Center Pkwy NE Atlanta, Georgia 30346

Re: Demand for Retraction and Apology

Dear Mr. Chapman, Jr.:

I write on behalf of my client, the Dustin Inman Society (DIS), to demand an immediate retraction and apology for the defamatory statements published in your October 7, 2024, article titled “Democrats in this Georgia district are backing a write-in candidate” by Tia Mitchell.

Through use of internet links, the AJC article wrongfully characterizes the Dustin Inman Society as a “Marietta-based anti-immigration hate group.” This characterization is false, defamatory, and published with actual malice. The Dustin Inman Society pushes for secure borders, is not “anti-immigration” and its proprietors do not hate anyone. Rather, DIS advocates for enforcement of U.S. immigration laws and actively opposes unlawful immigration. This distinction is crucial and well-known to staff at your publication.

I paste the offending paragraph from the AJC story:

“A search of activity under her birth name, Karen Sacandy, which Stamper legally changed in 2019, showed that she previously was aligned with a Marietta-based anti-immigration hate group. The group’s website often linked to Sacandy’s activities, like a letter seeking information about the state’s Immigration Enforcement Review Board and a copy of a letter to the editor supporting legislation to prevent immigrants claiming asylum from obtaining driver’s licenses.”

HEMMER WESSELS MCMURTRY PLLC
250 Grandview Drive, Suite 500, Ft. Mitchell, KY 41017 ● Phone 859.344.1188 ● Fax 859.578.3869

October 18, 2024 Page 2

We note the AJC informs readers that the Dustin Inman Society “often” linked to Karen Sacandy/Kate Stamper activities — but produces only two occasions.

Your story, for which DIS founder and president D.A. King was not contacted, informs readers that Sacandy/Stamper “was aligned” with the Dustin Inman Society. We note that polls show that a majority of Americans oppose the federal offense of illegal immigration. Since the letter posted on the DIS site was a published missive to the editor at the Cherokee Tribune, we must ask: does this make that newspaper a “Cherokee County-based anti-immigration hate group”?

Your characterization demonstrates a reckless and vindictive disregard for the truth, rising to the level of actual malice as defined in New York Times Co. v. Sullivan. Actual malice in defamation law refers to publication of a statement with knowledge that it is false or with reckless disregard of whether it is false or not. Your repeated mischaracterization of the Dustin Inman Society, despite having been corrected on numerous occasions, clearly meets this standard.

The Dustin Inman Society’s position on immigration is clear and public:

1. It supports sustainable levels of legal immigration through established channels.

2. It opposes unlawful immigration due to various societal concerns, including: – Strain on public resources and services
– Potential and real public safety issues
– Economic impacts on low-wage American workers and America’s poor

– Challenges to the rule of law

3. The Dustin Inman Society defends legal immigrants when media attempt to blur the difference between them and illegal aliens.

Moreover, the Dustin Inman Society’s board includes lawful immigrants who have navigated the proper channels for authorized immigration. This fact alone should dispel any notion that the organization is “anti-immigration.” As he has informed you multiple times over much of the last two decades, D.A. King’s sister is a real, legal immigrant.

While we acknowledge that the Southern Poverty Law Center has designated the Dustin Inman Society as an “anti-immigrant hate group that denigrates all immigrants,” your article presents the “anti-immigration hate group” characterization as the Atlanta Journal Constitution’s independent assessment and statement of fact.

This smear is not only demonstrably false and ignores Mr. King’s many communications to you advising you of the truth, but also demonstrates an exceedingly unprofessional failure to fact-check and verify information before publication.

We demand that the Atlanta Journal Constitution:

October 18, 2024 Page 3

1. Immediately publicly retract the defaming statement in the October 7, 2024, article.

2. Publish a prominent apology, equal in visibility and placement to the original defamatory article.

3. Cease and desist from further defamatory characterizations of the Dustin Inman Society.

Failure to comply with these demands may result in further legal action. We expect your prompt attention to this matter and await your timely response.

Sincerely,

Todd V. McMurtry

cc: James Abely, Esq.