Dr. Laura's been double-slammed. First, her million-dollar libel suit against Beach Access surf shop owner Thomas Moore has been thrown out of Orange County Superior Court. But the outspoken radio host still faces a countersuit for defamation.
The law firm Sheppard, Mullin, Richter & Hampton had moved to dismiss the case based on a seldom-used California law, the Strategic Lawsuit Against Public Participation (SLAPP) law which allows an individual to exercise his First Amendment right to free speech regarding a public concern, the firm says in a statement.
The flap began last July, when Schlessinger - shopping in Beach Access with her young son - claimed the store allowed young patrons to see Hustler disguised as a skateboarding magazine. The skateboarding magazine, Big Brother Skateboarder, happened to be published by Larry Flynt, with whom Schlessinger tangled over Hustler's publication of nude photographs taken of year two decades ago by a former boyfriend.
Moore denied showing an out-and-out porn magazine in his shop; Schlessinger attacked him on the air, accusing him of deliberately letting kids see porn. But when Moore responded by saying she had lied about that, she sued him for libel.
"Our client's now assuming his rightful place as plaintiff in this situation," says attorney Paul Rafferty, who represented Moore and Beach Access.
Schlessinger's on-air remarks stirred protests which affected the surf shop's business. Flynt himself offered to support Moore against Schlessinger earlier this fall.
"When false and injurious statements are made about you on the radio, it is fair to set the record straight and deny those statements without being attacked by…the messenger, Dr. Schlessinger," Rafferty says.
