A judge has thrown out a libel and defamation suit against filmmaker
Michael Moore by the brother of Terry Nichols, one of the Oklahoma City
bombers. James Nichols claimed statements made in Moore's 2002 Oscar-winning documentary Bowling for Columbine could be misinterpreted and link him directly to the 1995 bombing that killed 168 people.
Filmmaker Michael Moore (CP Photo) |
Judge Paul Borman of the U.S. District Court in Detroit dismissed
the claims and ruled comments made about James Nichols were "factual
and substantially true."
Bowling for Columbine is a searing examination of gun culture
in America and contains a segment where Moore visits Nichols at his
Michigan soybean farm.
Nichols' farm was raided two days after the bombing and he was held
as a material witness for 32 days. He was released because of lack of
evidence. His brother, Terry Nichols, is serving two life sentences
without parole for his role in the attack. Timothy McVeigh was executed
in 2001 for masterminding the bombing.
Nichols had argued that Bowling for Columbine should not have:
- used the term "practice bombs" in reference to Nichols, McVeigh and brother Terry making explosives on his farm.
- said that Nichols was arrested in association with the bombing.
- used a phrase that alleges federal agents couldn't get "the goods" on James Nichols.
Nichols contends the film invaded his privacy and caused emotional distress.
Moore's lawyer, Herschel Fink, told the court Nichols' claims ranged from "the frivolous to the silly."
Fink argued Moore's film was based on court documents and items from
reliable news companies. He said the statements in the film also are
protected because Nichols is a public figure – he has written a book,
given speeches and appeared in several media interviews.
Moore, an outspoken activist, has made his name in such documentaries as Fahrenheit 9/11 and Roger and Me. |