Posted Mon Mar 7, 2011 4:40pm PST by Billy Johnson, Jr.
A group of Michael Jackson fans have created the California Anti-Defamation Law petition in hopes of getting a law passed that would make it illegal to slander the dead.
Mary Brookins, 57, and half-a-dozen other Jackson supporters who met in an online Jackson fan group, is upset by the negative coverage the "Thriller" singer has received since his passing.
The group is angered by articles that referrer to Jackson as "Wacko Jacko," suggest he was the victim of a self-inflicted drug overdose, or is guilty of child molestation charges for which he was tried and found not guilty in 2005.
"To us it's got out of hand," said Brookins, who lives in Lake Jackson, Texas. "It's bad enough how he was treated when he was living, but he was here to speak up for himself."
An early version of the petition launched in September 2010 received more than 2,000 signatures, including those from Jackson collaborators, producer Teddy Riley and guitarist Jennifer Batten, who has toured with the King Of Pop. The group recently moved the petition to Change.com.
The group is hoping to gain the interest of a senator or assembly member who would author the proposed bill. One of the group members met with former Jackson attorney Thomas Mesereau and received feedback on the petition's language.
One of their main obstacles is opposing the California Constitution's freedom of speech declaration. Section 2 of the Declaration Of Rights states, "Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press."
John W. Dean, a FindLaw columnist and former counsel to the President, wrote about the need for protection from defamation for the dead when coverage of Jackson's death was criticized by New York Republican Congressman Peter King. King allegedly referred to Jackson as a pedophile and child molester unworthy of such exposure.
Dean notes that numerous family members and business associates of the deceased who have been defamed have not been able to get the law changed despite their losses. "Judges are typically sympathetic in these cases, but they cannot get around the longstanding common law rule prohibiting such lawsuits, so they often recommend that legislative remedies be developed to address situations where real harm has occurred," he said.
But Brookins said she and the members of her group are not discouraged. "I am not willing to let it go because of [Jackson]," she said. "This law is not just about Michael Jackson but defaming the character of any deceased person. I think they have a right to have their legacy protected."
Mary Brookins, 57, and half-a-dozen other Jackson supporters who met in an online Jackson fan group, is upset by the negative coverage the "Thriller" singer has received since his passing.
The group is angered by articles that referrer to Jackson as "Wacko Jacko," suggest he was the victim of a self-inflicted drug overdose, or is guilty of child molestation charges for which he was tried and found not guilty in 2005."To us it's got out of hand," said Brookins, who lives in Lake Jackson, Texas. "It's bad enough how he was treated when he was living, but he was here to speak up for himself."
An early version of the petition launched in September 2010 received more than 2,000 signatures, including those from Jackson collaborators, producer Teddy Riley and guitarist Jennifer Batten, who has toured with the King Of Pop. The group recently moved the petition to Change.com.
The group is hoping to gain the interest of a senator or assembly member who would author the proposed bill. One of the group members met with former Jackson attorney Thomas Mesereau and received feedback on the petition's language.
One of their main obstacles is opposing the California Constitution's freedom of speech declaration. Section 2 of the Declaration Of Rights states, "Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press."
John W. Dean, a FindLaw columnist and former counsel to the President, wrote about the need for protection from defamation for the dead when coverage of Jackson's death was criticized by New York Republican Congressman Peter King. King allegedly referred to Jackson as a pedophile and child molester unworthy of such exposure.
Dean notes that numerous family members and business associates of the deceased who have been defamed have not been able to get the law changed despite their losses. "Judges are typically sympathetic in these cases, but they cannot get around the longstanding common law rule prohibiting such lawsuits, so they often recommend that legislative remedies be developed to address situations where real harm has occurred," he said.
But Brookins said she and the members of her group are not discouraged. "I am not willing to let it go because of [Jackson]," she said. "This law is not just about Michael Jackson but defaming the character of any deceased person. I think they have a right to have their legacy protected."
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