Kevin Binversie might want to take a gander at Wis. Stat. § 895.05(2)

Here’s a little advice for right-wing hack blogger Kevin Binversie: if you’re going to smear someone, at least be sure you didn’t break the law in the process:

Before any civil action shall be commenced on account of any libelous publication in any newspaper, magazine or periodical, the libeled person shall first give those alleged to be responsible or liable for the publication a reasonable opportunity to correct the libelous matter. Such opportunity shall be given by notice in writing specifying the article and the statements therein which are claimed to be false and defamatory and a statement of what are claimed to be the true facts. The notice may also state the sources, if any, from which the true facts may be ascertained with definiteness and certainty. The first issue published after the expiration of one week from the receipt of such notice shall be within a reasonable time for correction. To the extent that the true facts are, with reasonable diligence, ascertainable with definiteness and certainty, only a retraction shall constitute a correction; otherwise the publication of the libeled person’s statement of the true facts, or so much thereof as shall not be libelous of another, scurrilous, or otherwise improper for publication, published as the libeled person’s statement, shall constitute a correction within the meaning of this section. A correction, timely published, without comment, in a position and type as prominent as the alleged libel, shall constitute a defense against the recovery of any damages except actual damages, as well as being competent and material in mitigation of actual damages to the extent the correction published does so mitigate them.

Judging by the utter lack of comments on his blog, I’m not sure that anyone really read Kevin Binversie’s libel, but regardless, I can’t wait to see him issue a retraction.

UPDATE @ 9:43 p.m.: Kevin Binversie did in fact issue an apology to Tom Foley, though I can’t help but question Binversie’s claim that he “didn’t mean any harm.”


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4 thoughts on “Kevin Binversie might want to take a gander at Wis. Stat. § 895.05(2)

  1. It is the most backhanded ‘apology’ I have ever seen…how you apologize in one sentence while repeating the nonsense in the next one and expect it to be accepted is beyond me.

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