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Geriatric Dr. Evil v. Mr. Nutterbutter (or defamation involves more than someone being mean to you, Bob.)

During the publication of “Dynamics of News Reporting and Writing,” I frequently told the people at SAGE to avoid using color, images or whatever else because, “It’s not worth it to waste money on me.”

The only time I begged them to waste money was for a photo of a giant talking squirrel that was insulting a coal baron.

Comedian John Oliver spent part of a “Last Week Tonight” episode talking about the coal industry. During much of that, he mocked coal magnate Bob Murray, saying he looked like “a geriatric Dr. Evil” and stated that Murray placed his miners in unsafe conditions. He also made fun of Murray for once supposedly saying a talking squirrel once told him he should start owning coal mines. The episode concluded with a costumed staffer called Mr. Nutterbutter the Squirrel presenting Murray with a novelty check for three acorns and 18 cents.

While doing all of this, Oliver even called out Murray’s litigious nature, explaining that he knew Murray was likely to sue him, but he stood behind everything he said. Murray, who has sued numerous media outlets before for unflattering coverage, took the bait and sued Oliver for defamation, false light and more.

The minute this happened, I desperately wanted to include an image of Mr. Nutterbutter in the book, because a) I’m clearly crazy and b) it was the perfect example for the law chapter of how there is a distinct difference between defamation and just saying things people dislike. (I ended up with more of a stock image of Oliver, but hey, I’ll take it.) The court made that distinction clear this week saying that none of this was defamation and it would be dismissing the case against Oliver. Murray has already stated he plans to appeal the court’s decision.

(Perhaps the greatest filing in the history of our legal system came in the form of an amicus brief from the West Virginia ACLU, which includes the amazing heading of “Anyone Can Legally Say, ‘Eat Shit, Bob!'” Feel free to read about it here.)

This is not the first time someone has tried to bully a media professional through the use of the court system. Washington football owner Dan Snyder sued the Washington City Paper after it published “The Cranky Redskins Fans Guide to Dan Snyder” in 2010. Snyder’s legal team first approached the paper’s parent company with what amounted to a “cease and desist” letter. In it, the attorney made such “legally compelling” statements as these:

Can you imagine how you would react if your wife was battling breast cancer and her public role as the National Football League’s national spokesperson on breast cancer awareness was demeaned as a mere public relations ploy to “sell” the “transformation” of her husband’s public image?

Your paper’ s latest diatribe comes on the heels of more individual columns concerning Mr. Snyder than any other news outlet in the city has written about any single businessman in Washington, perhaps ever.

Mr. Snyder has more than sufficient means to protect his reputation and defend himself and his wife against your paper’s concerted attempt at character assassination. We presume that defending such litigation would not be a rational strategy for an investment fund such as yours. Indeed, the cost of litigation would presumably quickly outstrip the asset value of the Washington City Paper.

In case you need a rough translation here, the letter basically says, “You are being really mean, you do it a lot and we have a lot of money we can use to sue you.”

The paper didn’t back off, so Snyder sued. He eventually dropped his $2 million suit, saying he wanted to “focus on the coming football season and the business at hand.” In other words, “We had no hope of winning so we backed off our bluff.

The point of explaining all of this, other than to highlight two pieces of content that irritated extremely rich people who tried to sue the media into silence, is to outline the key legal aspects of what it actually takes to libel or defame someone. Also, it is an opportunity to explain how to deal with people who get angry and scream, “I’m going to sue you!”

NOLO.com lists a series of potential defenses against defamation, two of which got Oliver off the hook: Truth and opinion. A third defense, hyperbole/parody, is also solid defense, as the 1988 Supreme Court case involving Hustler Magazine and the Rev. Jerry Falwell demonstrated.

Whether you are reporting on a serious matter or using a 7-foot-tall talking squirrel to take on a coal mine owner, here are some tips as to how best to deal with people who threaten to sue you:

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