Court turns back threat to church bulletins-Case alleging 'false light' could have exposed even prayer requests to litigation

[link to www.worldnetdaily.com]

The Supreme Court of Florida has turned back a case that could have threatened churches with liability over the content of their Sunday bulletins and left prayer requests subject to litigation by anyone "offended" by virtually anything, according to the law firm handling the case.

"Under a 'false light ' case, the truth may not be a defense. Someone can bring a lawsuit against you even when you state a truthful statement, with no damage," Mathew Staver, founder of Liberty Counsel, told WND.

The restrictions would have left church newsletters, websites, e-mails, "even a prayer request," subject to litigation should someone decide to take offense, he said.

However, the state Supreme Court, in a 5-0 ruling, concluded that Florida law does not recognize claims for "false light invasion of privacy," releasing the media, churches, nonprofits and individuals to publish truthful information about a person without fear of a lawsuit for damages on allegations the person was placed in a "false light."

The decision came in the dispute between Jews For Jesus, Inc., and a woman named Edith Rapp.

The case developed when Jews for Jesus sent a newsletter in July 2002 to its supporters and friends in which Jews for Jesus missionary Bruce Rapp wrote in a "Praise Report" that his Jewish stepmother had "repeated the sinner's prayer with me – praise God!" according to Liberty Counsel.

"The newsletter also contained a prayer request for 'grace and strength for new Jewish believer Edie and salvation for her husband, Marty,'" Liberty Counsel said.

Edith Rapp, following her husband's death, sued Jews for Jesus for publishing information about her.

A lower court dismissed the claims, but Rapp appealed, and the issue was passed up to the state Supreme Court by an appeals court asking for a decision on whether false light invasion of privacy is recognized in the state.

With the court's answer that it is not, the case will return to the appeals level for further proceedings, if the plaintiff seeks to continue the case, under the state's standards for defamation, in which damages to a person's character or reputation must be proven for a case to exist.

The state Supreme Court said creating a separate standard for cases alleging "false light" were "outweighed by the danger of unreasonably impeding constitutionally protected speech."

False light cases, if allowed to proceed, would have penalized "even true statements that do not cause damage to a person's reputation or character," the court said.

Like many "hate crimes" laws implemented across the nation, the false light claims would be based on a person's perception, since there would be no need to prove any injury. The statements cited, in fact, could be true.

"False light invasion of privacy claims hang over the neck of publishers like Damocles' sword," Staver said. "Rejecting false light invasion of privacy is a landmark decision for free speech. The First Amendment needs breathing room. False light invasion of privacy claims choke the First Amendment. To remain alive and well, speech needs to be free and robust. To allow one person to silence another, merely because truthful words offend, would result in no freedom at all."

The court said the facts of the original conflict were that Bruce Rapp, the son of Marty Rapp and stepson of Edith Rapp, was working for Jews for Jesus Inc. in 2002.

"Prior to Marty's death, Bruce reported the following account in the Jews for Jesus newsletter:" the court said.
I had a chance to visit with my father in Southern Florida before my Passover tour. He has been ill for sometime and I was afraid that I may not have another chance to be with him. I had been witnessing to him on the telephone for the past few months. He would listen and allow me to pray for him, but that was about all. On this visit, whenever I talked to my father, my stepmother, Edie (also Jewish), was always close by, listening quietly. Finally, one morning Edie began to ask me questions about Jesus. I explained how G-d [sic] gave us Y'Shua (Jesus) as the final sacrifice for our atonement, and showed her the parallels with the Passover Lamb. She began to cry, and when I asked her if she would like to ask G-d for forgiveness for her sins and receive Y'Shua she said yes! My stepmother repeated the sinner's prayer with me-praise G-D! Pray for Edie's faith to grow and be strengthened. And please pray for my father Marty's salvation.