Our Case Moves Forward - SPLC to Face the Music for ‘Hate Group’ Defamation as Lawsuit Clears Major Hurdle

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Daily Signal

April 4, 2023

Tyler O’Neil

SPLC to Face the Music for ‘Hate Group’ Defamation as Lawsuit Clears Major Hurdle

FIRST ON THE DAILY SIGNAL—The Southern Poverty Law Center routinely brands mainstream conservative and Christian organizations “hate groups,” placing them on a map with chapters of the Ku Klux Klan, but most lawsuits aiming to hold the SPLC accountable for this alleged defamation have failed.

On Friday, however, a federal judge denied the SPLC’s motion to dismiss a defamation lawsuit, allowing the case to proceed.

The SPLC branded the Georgia-based Dustin Inman Society an “anti-immigrant hate group” in February 2018 after the SPLC had previously stated in 2011 that it did not consider the society a “hate group.” The society, named after a 16-year-old Georgia boy killed in a 2000 car crash caused by an illegal immigrant, aims to combat illegal immigration.

“After telling the Associated Press in 2011 that we were not a ‘hate group,’ the SPLC changed their mind and made us an ‘anti-immigrant hate group’ within days of their registering as active lobbyists against pro-enforcement, immigration-related legislation here in the Georgia Capitol,” D.A. King, the society’s founder and president, told The Daily Signal in an emailed statement Tuesday.

King claimed that the SPLC’s “goal was clearly to paint us as the extremists and to marginalize us in the eyes of state lawmakers and the media. That effort was largely successful.”

As I explain in my book “Making Hate Pay: The Corruption of the Southern Poverty Law Center,” the SPLC took the program it used to monitor the Ku Klux Klan—the Intelligence Project—and weaponized it against conservatives and Christians, branding them “hate groups” in an effort to raise money and demonize its ideological opponents. The SPLC has an endowment of more than $500 million and bank accounts in the Cayman Islands. Amid a racial discrimination and sexual harassment scandal in 2019 that led the SPLC to fire its co-founder, a former employee came forward, calling the “hate” accusations a “highly profitable scam.”

King’s lawsuit quotes Heidi Beirich—then-director of the Intelligence Project—who told The Associated Press in 2011 that the SPLC did not consider the society a “hate group,” but rather listed King as a “nativist.”

“His tactics have generally not been to get up in the face of actual immigrants and threaten them,” Beirich said. “Because he is fighting, working on his legislation through the political process, that is not something we can quibble with, whether we like the law or not.”…

Please read the rest of this entire well-written report at the Daily Signal site.

—>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.