'Birther' Suit Against Esquire Magazine Dismissed - CourtSide
CourtSide - The FindLaw Breaking Legal News Blog

'Birther' Suit Against Esquire Magazine Dismissed

"Birther" publisher and founder of conservative website WorldNetDaily, Joseph Farah had his defamation suit against Esquire Magazine dismissed, with the Court upholding the publication's right to political satire.

The suit began in June 2011, when Farah and author Jerome Corsi sued Esquire for running a parody article regarding the release of Corsi's newest book entitled "Where's the Birth Certificate? The Case that Barack Obama is not Eligible to Be President."

Esquire's offending article, penned by journalist Mark Warren, lambasted Corsi and Farsi -- the book's publisher -- with a fake news story about Farsi pulling the book from shelves, denying its existence, and offering refunds.

The D.C. Circuit Court of Appeals confirmed on Tuesday (see below) that Farah and Corsi had no case for defamation, based on the fact that the article was clearly satire and "satirical speech enjoys First Amendment protection."

Considering the article in context, the Court denied that a reasonable reader could have mistaken the article for "real news." In addition, commenting on Farah and Corsi's beliefs that President Obama is ineligible for the presidency (the "Birther" mindset) is also protected political speech.