Dr. Martin Sues Mary Lefkowitz
for Libel


"Lefkowitz admitted that the offending words she wrote about Martin were untrue but contended, successfully, that because Martin is a 'public figure', as that term is understood in America's libel laws, he has to prove not merely negligence on her part in not writing the truth, but also that she was motivated by malice."


Anti-Defamation League obtains lawyer for Lefkowitz.


Martin Appeals Ruling Successfully


Tony Martin Wins Second Round Against Mary Lefkowitz
Martin v. Lefkowitz: Libel Suit Involving Wellesley College Professors
The Onslaught Against Afrocentrism

The Appeals Court of the Commonwealth of Massachusetts recently handed Tony Martin a victory in his ongoing libel suit against Mary Lefkowitz. Martin, professor of Africana Studies at Wellesley College, is suing Lefkowitz, professor of Greek and Latin at the same school, for statements she published in Measure magazine. Lefkowitz alleged, among other things in her article, that Martin called a white student "a fucking white bitch. The young woman fell down as a result of his [verbal] onslaught," Lefkowitz further alleged, "and Martin bent over to continue his rage at her." Martin considered this statement defamatory and initiated a libel suit. At the first hearing two years ago, African American Justice Charles T. Spurlock upheld Lefkowitz's preliminary motion to dismiss the case. Martin appealed to the Appeals Court, which has now found in his favour.

Lefkowitz had argued that she was expressing an opinion and that she was repeating a statement published elsewhere, and was therefore not legally guilty of defamation of character. The three judge Appeals Court panel rejected her argument. "The repetition of a defamatory statement, if not privileged, gives rise to liability," they wrote. "If, as alleged, the statement is false," the Appeals Court continued, "the defendant cannot escape liability on the ground that her opinion is based on that statement." Lefkowitz began attacking Tony Martin's Wellesley class on "Africans in Antiquity" several years ago. Her attacks escalated into a general assault on Afrocentrism, and appeared in the Wall Street Journal, Chronicle of Higher Education, New Republic and elsewhere.

Her attacks culminated in a recent book, Not Out of Africa: How Afrocentrism Became an Excuse to Teach Myth as History which has been heavily promoted in the New York Times, on National Public Radio, and elsewhere. Martin responded to her academic attacks in his 1993 book, The Jewish Onslaught: Despatches from the Wellesley Battlefront. In the statements forming the subject of the present libel suit, however, it is Martin's contention that Lefkowitz appears to have stepped over the border between academic debate and defamation of character. The Appeals Court judgement against Lefkowitz came as the Jewish Anti-Defamation League of B'nai B'rith honoured her for her anti-Afrocentric campaign. Lefkowitz was a special honoree at the "elegant and inspirational evening" that marked the Anti-Defamation League's 19th spring dinner. She was feted as one who "rose above pressure, fear and personal attack to firmly challenge erroneous afrocentrist [sic] claims on her Wellesley campus." The Boston Jewish Advocate (May 17-23, 1996) article cited above continued with Lefkowitz's own spin on the current lawsuit -- "I am the example of what ADL can do! When a lawsuit was served against me by a colleague whose views I challenged, Wellesley College was not there -- but Lenny Zakim and the ADL were. They obtained counsel for me and stood with me as we refuted historical and anti-Semitic lies. There is a destructive afrocentrism [sic] on the campus today...."

A high ranking ADL representative, Sally Greenberg, similarly appeared in court to help defend the interests of Alexander Nechaevsky, a Russian Jew who was apprehended by Wellesley College campus police after issuing threats against Martin at his college office. The Appeals Court has remanded the Martin v. Lefkowitz libel case "to the Superior Court for further proceedings." An earlier attempt by Lefkowitz to settle out of court was unsuccessful when Martin rejected her offer and the parties failed to agree on the basis for a settlement. The text of the Appeals Court decision follows.



COMMONWEALTH OF MASSACHUSETTS APPEALS COURT TONY MARTIN vs MARY LEFKOWITZ
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 94-P-1944.
The defendant repeated a statement contained in another's article. The statement was: "The young woman fell down as a result of his [verbal] onslaught and Martin bent over to continue his rage at her." A jury could find such a statement about a professor's conduct toward a student defamatory. Restatement (Second) of Torts # 570 (c) (1977). The repetition of a defamatory statement, if not privileged, gives rise to liability. Restatement (Second) of Torts # 578. If, as alleged, the statement is false, the defendant cannot escape liability on the ground that her opinion is based on that statement. The plaintiff also alleged that the statement was published with reckless disregard of whether it was true or false. Since, under Mass.R.Civ.P. 12 (b) (6), 365 Mass. 755 (1974), "'a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim,"' Nader v. Citron. 372 Mass. 96, 98 (1977); New England Insulation Co. v. General Dynamics Corp., 26 Mass. App. Ct.. 28, 29-30 (1988), the motion to dismiss should not have been allowed. The judgment of dismissal is reversed and the matter is remanded to the Superior Court for further proceedings. So ordered. By the Court (Dreben, Gillerrnan ­ Laurence, JJ.), Asst. Clerk Entered: May 17,1996.


Martin v. Lefkowitz Libel Case UPDATE

1. Lefkowitz won Round One on a motion to dismiss.

2. Martin won Round Two. Mass Court of Appeal overturned lower court -- reinstated case.

3. Lefkowitz won Round Three on a motion for summary judgment.

Lefkowitz admitted that the offending words she wrote about Martin were untrue but contended, successfully, that because Martin is a "public figure", as that term is understood in America's libel laws, he has to prove not merely negligence on her part in not writing the truth, but also that she was motivated by malice.

She claimed that Martin did not prove malice. Martin has appealed.


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