The Militant (logo)  
   Vol. 69/No. 24           June 27, 2005  
 
 
Court reschedules hearing for June 14
in ‘defamation’ suit by Utah mine bosses
(front page)
 
BY PAUL MAILHOT  
SALT LAKE CITY—Federal Judge Dee Benson rescheduled for June 14 the hearing on motions by three newspapers to dismiss a harassment lawsuit filed by C.W. Mining Company. The hearing had been set for June 7, but was postponed after Carl Kingston, attorney for the coal bosses, asked the court to reschedule citing the death of a relative.

Attorneys for the Salt Lake Tribune, Deseret Morning News, and the Militant are pressing for an early hearing to argue their case for throwing out the coal bosses’ suit, which alleges that their coverage of the Co-Op miners’ union organizing struggle is “defamatory.”

C.W. Mining, which owns the Co-Op mine, and the company-allied International Association of United Workers Union (IAUWU) have sued nearly 100 unions, individuals, and newspapers. The mine owners and the IAUWU claim that statements by Co-Op miners published by the Militant and other papers describing low pay, poor working conditions, and lack of job safety in the mine, and documenting the workers’ support for the United Mine Workers of America (UMWA), are defamations that have been knowingly repeated with malice toward the company. Anyone who has publicized them—supporters of the miners or the media, for example—should be held liable for damages, the coal bosses argue.

Judge Benson has set a separate hearing for August 1 on motions to dismiss the same harassment lawsuit filed by numerous other defendants—including the UMWA and several of its officers, 16 Co-Op miners who have backed the UMWA, the Utah state AFL-CIO, the Paper, Allied-Industrial, Chemical, and Energy Workers Local 8-286, and Utah Jobs With Justice.

“Attorneys for the company don’t want a ruling against them on the Militant and other papers’ motions to dismiss this lawsuit before the UMWA and the miners’ motions to dismiss the case are heard on August 1,” said Norton Sandler, who is helping to coordinate the Militant’s defense effort. “We on the other hand want a quick ruling, because every day this outrageous case goes on is a drain on us and every other defendant.

“This lawsuit was intended from the beginning to divert the miners and the UMWA from the fight to organize underground miners at Co-Op, and to tie up their supporters and the newspapers in the courts, so the story of the miners doesn’t get out,” Sandler said. “This is what makes this lawsuit one of the most important labor cases, and freedom of the press cases, being fought in the courts today.”

The effort of the Militant and other defendants to rally supporters of labor rights and freedom of the press against the coal-boss suit is getting increasingly broader support. This week endorsements came in from Don Seaquist, president of United Food and Commercial Workers Local 789, in St. Paul, Minnesota; and Thomas Samek, recording secretary of UMWA Local 6290, in Rices Landing, Pennsylvania.

“I support the free speech and freedom of the press rights of the Militant and individuals who have spoken out and written about the Co-Op workers,” reads a statement to the Militant Fighting Fund sent by Martie Voland, assistant manager of the New England Joint Board of the UNITE HERE union. “The attempt to chill free speech and harass and intimidate supporters of the miners… should not be tolerated.”

The fund was set up last year to help the Militant and Socialist Workers Party defend themselves against this lawsuit. The SWP is also charged with defamation on the false claim that the party owns and controls the Militant.

Also signing on as an endorser of the Militant Fighting Fund is Chuck Turner, of the Boston city council.

“The lawsuit against the Militant for informing regularly on the struggle of the Utah miners from Co-Op is nothing but another attempt from the Bosses to intimidate our brothers and deter them from defending their right to organize and to fight for better working conditions,” wrote Henry Cooper, host of the popular radio program “Proyecto Latinoamericano” in the Houston/Galveston area in Texas. “It is an outrage to let this happen without raising our voices in solidarity.”

Cooper was joined by Duane Bradley, general manager of KPFT in Houston, in endorsing the Militant Fighting Fund.

Others from Texas adding their names to the defense of the freedom-of-the-press rights of the Militant include: Tom Kleven, professor of law in Houston; Dr. Ron Terry; Raúl Salinas, a long-time Native American activist from Austin; and Ray Hill, a well-known advocate for the rights of prisoners and gays.

Support is also building from labor and civil rights figures internationally who recognize the importance of this case. “I support the free speech and freedom of the press rights of the Militant and the Socialist Workers Party,” wrote Gordon Flett, shop steward for Local 2000 of the Communications, Energy & Paperworkers Union in Vancouver, Canada. “Please list me as an endorser of the Militant Fighting Fund.”

In New Zealand, Pauline Tangiora, a well-known Maori elder involved in the struggles of indigenous peoples, as well as peace and environmental issues, endorsed the Militant Fighting Fund.

Many of those endorsing the Militant defense campaign are also sending in financial contributions. Efrain Colón, of the Hispanic American Committee in Cleveland, sent in $40 with his statement of support. Eddie Carthan, former mayor of Tchula, Mississippi, and now pastor of the Good Samaritan Ecumenical Church there, contributed $50 along with his enthusiastic endorsement.

Another endorsement from the U.S. South came from John Zippert, co-publisher of the Greene County Democrat weekly in Eutaw, Alabama.

Materials to help win support for the Militant Fighting Fund are being updated weekly and can be found on www.themilitant.com, the Militant’s website.
 
 
Related articles:
Utah miners’ union fight prominent at Colorado event
Ten UMWA District 22 locals at Ludlow massacre commemoration
 
 
 
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