Wednesday, March 9, 2011

Never to Yield Foundation has… well, “yielded.”

JailAubie In following up yesterday’s excellent legal analysis by GMAN-1104 (who I really wish would blog more often, nudge-nudge), we note that the Never to Yield Foundation has been successful in having radio talk show host Scott Moore removed from his position at WZZN 97.7 The Zone.

Mr. Moore was dismissed yesterday, and the show, which was originally planned to air Monday through Friday, now features only Bill “Redfish” Barger. The show has been scaled back to air on Wednesday evenings until further notice.

We find that tragic, and we find it despicable that the Foundation would stoop to the tactics used by far left radicals and “civil rights activists” in shutting down legitimate free speech simply because they disagree with the message.

But it is also worth noting that the Foundation is walking back the rhetoric, which is almost certainly due to their recognition of the peril they’ve placed themselves in. As GMAN points out, Mr. Moore likely has a very good basis for pursuing legal action against the foundation and would likely be entitled to significant damages.

Sometime just before GMAN wrote his analysis, the Foundation “yielded.” They surreptitiously changed their website and attempted to unring the defamation bell.  “Too late,” says GMAN. And it’s likely that a jury would agree.

The Foundation has not only managed to trample upon the principles of free speech and freedom of information, they have also placed themselves in significant jeopardy, all with one foolish endeavor—a campaign to boycott (and possibly in some cases threaten) the advertisers who merely wanted access to WZZN’s prime time audience and were willing to pay respectable sums of money for the privilege.

This is no way to conduct a civil, open and honest discourse. Mr. Moore should have been allowed to present his information without the threat of violence and without having his livelihood destroyed. All because he claimed to have information that contradicted the narrative being paraded about by the University of Auburn’s rabid fanbase. It is especially disappointing to note that this behavior comes from a group of people claiming to profess the noble principles of the Auburn Creed, which stresses honesty and integrity.

Who is next on the Foundation’s target list?  Paul Finebaum? This blog?

Teh fambly has made a great deal of noise about the character of Mr. Moore. The fact that they are “all in” when it comes to supporting the claims of a convicted thief and his father—a confessed liar—makes their attacks on Mr. Moore’s character ring hypocritical and petty. Ignoring the message and destroying the messenger are the tactics espoused by radicals like Saul Alinsky. These are not the actions of a group of people who seek to cultivate sympathy with their fellow man and create mutual helpfulness that brings happiness for all, are they?

Are these the actions of people who believe in obedience to law because it protects the rights of all? I must question that.

But most tellingly, the Foundation’s surreptitious, dark-of-night modification of the potentially tortious statement on their website indicates that teh fambly has abandoned their professed belief in honesty and truthfulness, and as a result, they have lost the respect and confidence of their fellow men and women.

If I were one of the founders of the Never to Yield Foundation, I would hastily draft a letter of apology to Mr. Moore and publish a retraction on their website. I would then pray to the God mentioned in the Creed that Mr. Moore has not yet hired an attorney and begun the steps towards litigation.

By any reasonable interpretation of the law—and GMAN’s interpretation is as reasonable as any you will find—Mr. Moore may not need a job by the time he his finished with the Foundation. They have yielded, but they may end up yielding a lot more before it’s over.

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