DATE: Tuesday, October 28, 1997             TAG: 9710280239

SECTION: LOCAL                   PAGE: B5   EDITION: FINAL 

SOURCE: BY MARC DAVIS, STAFF WRITER 

DATELINE: NORFOLK                           LENGTH:   50 lines

MAGISTRATE WON'T DISMISS SUIT AGAINST PAT ROBERTSON

A defamation lawsuit against Pat Robertson should not be dismissed, a federal magistrate has ruled.

Magistrate Judge Tommy E. Miller has ruled that Robertson does not enjoy full First Amendment protection for a 1994 letter he wrote because that letter ``did not touch on public concerns.''

That means the lawsuit against Robertson by two Regent University law professors remains alive in Norfolk's federal court.

The professors - Robert Bern and Jeffrey Tuomala - are suing over a scathing letter that Robertson wrote about nine rebellious law professors, including the two plaintiffs. The letter compared them with the Branch Davidians and cult leader Jim Jones, called them ``inept as lawyers'' and ``extremist fanatics,'' among other things.

Two weeks ago, Robertson asked that the lawsuit be dismissed. His lawyers argued that the letter merely stated opinions about the professors and were not provable statements of fact.

Miller, however, ruled that opinions can enjoy full constitutional protection only if they relate to matters of ``public concern.'' That does not apply in this case, Miller ruled.

``The subject matter of (Robertson's) letter, an internecine battle between Regent University law professors and the Law School Board of Trustees, can hardly be considered a public concern,'' Miller wrote.

Miller concluded that the subject of the letter ``was a private concern. It was a private letter addressed to a private individual.''

The letter became public when a professor posted it on a law school bulletin board. It was later reprinted in The Virginian-Pilot.

Miller also did not dismiss a part of the lawsuit that claims Robertson's letter contained ``fighting words.'' Under Virginia law, ``fighting words'' are those that are ``construed as insults and tend to violence and breach of the peace.''

``The court finds that reasonable people could disagree whether the language Robertson used in his letter tended towards breach of the peace,'' Miller ruled. A jury will have to decide the issue, Miller wrote.

This is the second time Robertson has failed to get the lawsuit dismissed.

The lawsuit was originally filed in Virginia Beach Circuit Court by three professors. There, Robertson made the same motion and failed. Then two of the professors moved their claims to federal court after they moved out of Virginia.

Now there are two defamation lawsuits pending against Robertson. One is in Virginia Beach Circuit Court. The trial is scheduled for April. The other lawsuit is in federal court. No trial date has been set. KEYWORDS: DEFAMATION LAWSUIT

Send Suggestions or Comments to webmaster@scholar.lib.vt.edu