12/30/08 — ERIE — Erie County Court of Common Pleas has thrown out a defamation lawsuit filed against outgoing Republican Congressman Phil English, whose district included most of Crawford County.
Erie County Judge John Garhart has dismissed the defamation lawsuit Steven Porter and Rita Porter had filed October 2006 against English and English’s campaign committee, People for English.
Steven Porter and his wife, Rita, alleged was Porter was defamed by English in the 2004 and 2006 Congressional campaigns.
The suit had claimed English has “maliciously misrepresented” Porter’s views in print and TV advertisements during the 2004 campaign and the 2006 Congressional campaign by taking quotes from a 1991 textbook written by Steven Porter, “The Ethics of a Democracy,” out of context. Porter was a registered Democrat at the time and English’s opponent in the 2004 and 2006 campaigns, losing both times to English.
The suit was filed in Erie County Court of Common Pleas because English lives in Erie County and People for English Committee is located there, too. A lawsuit must be filed in the district where the alleged wrongdoing happened.
English’s campaign ads said Porter favored state-backed sterilization of mental patients and others, legalized prostitution, and stripping vote rights from those judged to be insufficiently intelligent.
Porter responded the book was designed to spark class discussion and didn’t represent his personal views. He claimed the book clearly indicated the scenarios weren’t meant to represent his personal views.
English, who is leaving office in the next few days, hailed the dismissal of what he calls a “frivolous lawsuit from the start.” English was defeated by Democrat Kathy Dahlkemper in November’s general election.
“This decision is a complete vindication of our campaign and our message,” said English. “This clearly clears the air.”
“The local courts are choked with real business,” he said. “This crass abuse of the legal process cost the taxpayers, as well as my family, thousands of dollars. Fortunately, this decision restores my reputation and clears the record.”
Walter Cohen, English’s attorney, said the lawsuit was abusive from the start.
“It’s strange to suggest that by quoting directly from Mr. Porter’s book and public statements in legitimate political discourse, my client defamed him,” Cohen said in a statement.
Contacted by the Tribune at his home Monday, Porter declined to comment on the lawsuit’s dismissal.
However, Porter was willing to comment on English’s referring a related matter concerning Porter to the U.S. Attorney for the Western District of Pennsylvania.
English said there is information that suggests Porter used campaign funds to finance his lawsuit against English in violation of federal campaign law. At English’s request, Cohen has referred the matter to the U.S. Attorney’s Office.
Porter said he asked the Federal Elections Commission officials about using the campaign funds for the lawsuit and had received permission since he had loaned his campaign the money.
“Mr. English just continues to be as vicious as he can be,” Porter said. “I’m at a loss to describe my feelings.”
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