Mike
May 21st 04, 02:18 PM
Donnelly's victory
It was certainly a significant legal victory for Elaine Donnelly
and her Center for Military Readiness. And it could also be one of the
First Amendment's and the press's more important court wins, even for
reporters who sided with Mrs. Donnelly's legal opponent. This week,
the Supreme Court refused to hear an appeal from Carey Dunai Lohrenz,
who sued Mrs. Donnelly for libel. Mrs. Donnelly, based on internal
training documents and a Navy instructor pilot (now-retired Lt.
Patrick J. Burns), put out a report accusing the Navy of granting Mrs.
Lohrenz favors in 1995 to graduate her as one of the military's first
female combat fighter pilots. Mrs. Lohrenz and the Navy denied the
report. The lawsuit went on for eight years, costing Mrs. Donnelly
$630,000 in legal fees. A U.S. District Court judge dismissed Mrs.
Lohrenz's suit. He ruled that she, as a pioneering pilot, was a public
figure and failed, as required, to prove actual malice on the part of
Mrs. Donnelly. A federal appeals court agreed on Dec. 12. Its opinion
went one step further, saying Mrs. Donnelly had good reason to believe
her report was true. Said the appeals court, "By the time she
published The Donnelly Report, Donnelly also had portions of Lt.
Lohrenz's training records that supported Lt. Burns' assertion that
the Navy made special accommodations for Lt. Lohrenz." Then, the
Supreme Court this week delivered a final victory. There are no more
avenues for appeal. Mrs. Donnelly told us yesterday, "It's a great
relief. It's a victory for the First Amendment and naval aviation for
high standards in training. That's what this was always about. And I
wish there were a better way for someone who knows the standards. I
wish there was a better way for them to be heard, instead of coming to
a civilian like me, who ends up spending $630,000 to defend my First
Amendment rights to publish the truth about what happened."
It was certainly a significant legal victory for Elaine Donnelly
and her Center for Military Readiness. And it could also be one of the
First Amendment's and the press's more important court wins, even for
reporters who sided with Mrs. Donnelly's legal opponent. This week,
the Supreme Court refused to hear an appeal from Carey Dunai Lohrenz,
who sued Mrs. Donnelly for libel. Mrs. Donnelly, based on internal
training documents and a Navy instructor pilot (now-retired Lt.
Patrick J. Burns), put out a report accusing the Navy of granting Mrs.
Lohrenz favors in 1995 to graduate her as one of the military's first
female combat fighter pilots. Mrs. Lohrenz and the Navy denied the
report. The lawsuit went on for eight years, costing Mrs. Donnelly
$630,000 in legal fees. A U.S. District Court judge dismissed Mrs.
Lohrenz's suit. He ruled that she, as a pioneering pilot, was a public
figure and failed, as required, to prove actual malice on the part of
Mrs. Donnelly. A federal appeals court agreed on Dec. 12. Its opinion
went one step further, saying Mrs. Donnelly had good reason to believe
her report was true. Said the appeals court, "By the time she
published The Donnelly Report, Donnelly also had portions of Lt.
Lohrenz's training records that supported Lt. Burns' assertion that
the Navy made special accommodations for Lt. Lohrenz." Then, the
Supreme Court this week delivered a final victory. There are no more
avenues for appeal. Mrs. Donnelly told us yesterday, "It's a great
relief. It's a victory for the First Amendment and naval aviation for
high standards in training. That's what this was always about. And I
wish there were a better way for someone who knows the standards. I
wish there was a better way for them to be heard, instead of coming to
a civilian like me, who ends up spending $630,000 to defend my First
Amendment rights to publish the truth about what happened."