Theo, I believe that if he wanted to Morrissey could shut this site down or to change the name. But you bring that subject up as a tactic anyway, so it's not really worth going into.
As far as you being victimized for your views, you are dishonest. It's a common tactic to restate the opposition's views or argument in a way that emphasizes the weakest points and ignores the strengths but you take this to ridiculous lengths, and portray people as having beliefs that they don't have, and put words in their mouths that they did not say. I know this because you've done it to me. So the personal section of your argument is just you attempting to use common rhetorical tools, in a transparent way.
Yes. There is no way the NME didn't cross the line with this article. The surrounding details as revealed by the solicitor's letters and Merck's emails only add colorful details to the main offense, the actual NME article, which we can all read for ourselves. The NME didn't innocently report his answers.
But let's forget the personal stuff. I'll give you credit. The idea had also occurred to me that silencing the NME is one thing, but that there are deeper issues here, like freedom of the press. However, if they lied, then freedom of the press is not the issue. Although it happens less frequently here, newspapers can be and are sued successfully when they print stories they know to be untrue. Carol Burnett sued the National Enquirer for something they printed about her family, and she won enough money that it got a lot of coverage. It did not affect freedom of the press, though, and if anything the whole gossip genre is more blatant now than it was at the time.
Sure, but as a general comment to the forum, let's not insult the NME by making this out to be a case of a rich pop star closing down a rag-tag band of truth-seeking journalists. They're professionals. They can defend themselves. It probably won't go to court, but if it does, those arguing for protecting the NME's standing as a professional news agency can take comfort in knowing that if Jonze and McNicholas followed the rules of their profession they will have no problem swatting the case away. This isn't Rome v. Jesus.
The liberties society extends to journalists must be repaid by their professional commitment to presenting their subjects as free from bias and distortion as possible. Laws against defamation exist to check the power of the press, and rightly so as you point out, Dave. Here, McNicholas and his crew acted maliciously and irresponsibly, not only adding sharply-worded editorial content to the final published piece but re-arranging and even re-writing the interview portions to suit their purposes. P.C.-inspired witch hunts carried out against public figures do not serve the cause of either journalists or society as a whole.
Personally, I objected to the article not only as a Morrissey fan but even moreso as an avid reader of good journalism. It was so clearly a hatchet job, but what made it galling is that it wasn't even well written. A better writer-- or, to be fair to Jonze and McNicholas, a writer who had more column inches in the magazine-- would have written a more subtle, narratively detailed account of Morrissey that got the same message across without resorting to bald, self-serving editorializing. Off the top of my head, had I been assigned to the interview, I would merely have added detail after detail showing how out of touch Morrissey is with everyday reality (if I genuinely observed him to be so, of course). That alone would have made the case against him. Readers would have put down the issue thinking he was a middle-aged pop star estranged from the real world. Instead they were told he was such, patronizingly and without wit, and given hints in glowing red neon that he was a hypocrite and a racist to boot. Awful journalism.
I'm not saying bad journalism should be punished. God forbid that should happen, the newsstands would be full of empty, cobwebbed shelves. But in cases like this one you can see straight past the shoddy journalism to all the ugly motives and devices of the culprits. It's not a freedom of press issue when you have agenda-following editors carving up a sacred cow merely to boost their own causes and (glaringly) to sell more papers. So no, the lawsuit doesn't depress me. It's the parlous state of the NME and print journalism in general that put McNicholas into a such a position that he thought he had to take those vile actions--
that depresses and concerns me.