$ nrNEs BAcH Pines Bach LLP 122 W Washington Ave, Ste 900 ó08.251.0101 Phone ó08.251.2883 Fax Madison, Wl 53703 pinesbach.com Attorney Lester A. Pines lpines@pinesbach.com August 31.,2018 VIA EMAIL & U.S. MAIL øhoffm øn@ho ffm ønle g al. n e t p Mr. Paul A. Hoffman Hoffman Legal Corporation Individual Rights Affiliate Counsel 27405 Puerta Real, Suite 250 Mission Viejo, CA 92691. Re Your August 17 ,2018 Letter to Representative Chris Taylor and The Center for Media and Democracy Dear Mr. Hoffman: I represent Representative Chris Taylor and the Center for Media and Democracy ('CMD"). You wrote to them on August17,2018 regarding an article by Representative Taylor entitled "ALEC in Disarrayi' thatwas posted on CMD's websites. Your letter claims that Representative Taylor's description of your client, David Horowitz, as a "hatemonger" and "anti-Islamic," based on a published report by the Southern Poverty Law Center ("SPLC"), is defamatory and demands a retraction and apology. The article by Representative Taylor, which was published by CMD, addressed matters of public concern raised during a meeting of the American Legislative Exchange Council (" ALEC"), an organizationwhich is at the forefront of numerous nationwide conservative policy initiatives. The article discusses the range of viewpoints presented at a recent ALEC conference as well as the tensions generated by those differing viewpoints. Because David Horowitz spoke extensively at the ALEC conference, Representative Taylor used him as an example of ALEC's changing tactics and rhetoric. "When the speech is of public concern and the plaintiff is a public official or public figure, the Constitution cleørly requires the pløintiff to surmount ø muchhigher barrier before recovering damages from a media defendant than is raised by the common Iaw." PhilødeþhiøNezuspøpers,Inc, a, Hepps,475U.5.767,775,106 S. Ct. 1,558, 1563,89 L. Ed. 2d 783 (1986) (emphasis added). This high barrier exists because of the Supreme Court's "[c]oncern[s] that traditional state law actions for defamation might interfere with the o@a Mr. Paul A. Hoffman August 3'1,2018 Page2 Pines Bach LLP First Amendment guarantees of free expression. . ." Brouln €¡ Williamson Tobøcco Corp. a, øcob son , 827 F .2d 1119 , tl28 (7 th Cir , 1987) . "[C]ommonly, those classed as public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. . . . they invite attention and comment." Gertz a. RobertWelch,Inc.,4l8U.S. 323,345,94S.Ct.2997,3009, 41.L.Ed.2d789 (1974). David Horowitz is a public figure. A simple internet search proves that in about two seconds. Because David Horowitz is a public figure, and Representative Taylor's article addresses matters of public concern, to prove that he was defamed, your client would have to satisfy the high standard set out in Nezu YorkTimes a. Sulliunn,376U.S.254,84 S.Ct,710,11.L.F,d.2d686 (1964), which requires him to prove (by clear and convincing evidence, see Brown &. Williamson Tobøcco Corp . a . øcobson, 827 F .2d 1119 , 11,28 (1987) ) that the alleged defamatory statement was made with "'actual malice'-that is with knowledge that it was false or with reckless disregard of whether it was false or not." While David Horowitz may not believe that the SPLC is a credible source, Representative Taylor and a vast number of other people do, including Senator Patrick Leahy.l Your assertion that Representative Taylor and the CMD had an obligation to research criticisms of the SPLC and weigh them to determine the SPLC's credibility before relying on its characterization of your client is wrong. Neither Representative Taylor nor the CMD defamed your client. Neither of them will publish a retraction. They stand by the accuracy of the article's statements as written. They did, however, modify a sentence in the article to clarify the source of the quote from the SPLC. Were your client to bring a suit for defamation against Representative Taylor or CMD, it would be dismissed as frivolous and they would seek attorneys'fees and expenses, and other sanctions. Very truly yours, PINES BACH LLP Lester A. Pines LAP:hkb thttps:/ /www.judiciary.senate.gov/download/sessions-responses-to-leahy-follow-up-questions-forthe-record