Rodney balko, the freelance writer that wrote the fox news piece on straight, just got this:
Wednesday, July 17, 2002
So here's the scoop. Reason Magazine agreed to let me write an article on Straight and Mel and Betty Sembler on spec (meaning they reserve the right not to publish or pay me). So I started writing. And what was to be a 3,500 word piece turned into 5,000. Once I'd finished, I sent it to Reason's editors for a preliminary look-through. They then suggested I send a copy to the Semblers and the Drug Free America Foundation (Straight's modern-day offspring) for comment. I did, and here's the message:
----- Original Message -----
From: "Radley Balko"
To: ;
Cc:
Sent: Friday, July 12, 2002 8:16 AM
Subject: Upcoming Article on Straight, Inc.
> Dear Mrs. Sembler and Ms. Fay,
>
> My name is Radley Balko and I've just completed a 4,800 word article on
> Straight, Inc., it's history, it's progeny and the continuing influence of
> Mr. and Mrs. Sembler and DFAF over U.S. domestic drug policy. The piece
> will run in an upcoming issue of Reason Magazine.
>
> As a courtesy, I've attached a copy of the unedited article for your
> comments. Your response, should you send one, will be included in the
> magazine. I've been unable to locate an email address for Ambassador
> Sembler, so I'll trust that Mrs. Sembler's comments will speak for him, or
> that she'll forward the attachment on to him for his response.
>
> Cordially,
>
> Radley Balko
This morning, I got a reply from Calvina Fay, the director of the Drug Free America Foundation. I plan to publish it here soon, but it specifically says that it's not intended for publication, so I want to get some legal advice on whether or not I have to honor that before I post it for you all to read.
The letter basically threatens me and Reason with a lawsuit should the story go to press. It also says that the Fox column was libelous, though, once again, it fails to lay out any specific instances where I've libeled anyone. It also mentions the possibility of naming my current employer party to the suit -- which is little more than sheer intimidation. The piece was done on a freelance basis, and is in no way affiliated with, endorsed by, or done under the auspices of my employer. DFAF knows that. But they obviously figure that the more people around me they rattle, the quicker I'll buckle. Not gonna' happen. It's high time somebody held these bozos accountable.
Still, I am looking for some pro bono help. If Reason runs the piece and I get sued separately, I'm confident I'd win. But I'm not confident I'd have the finances to fight it to the end. So if any of you know of a libel or First Amendment lawyer or legal organization who might be willing to help me out, I'd be much obliged.
