JAMES P. PewitT, LLC
August 9, 2017
BY ELECTRONIC AND U.S. MAIL
Mr. James Pratt
James Pratt, LLC
2 North 20" Street, Suite 950
Birmingham, Alabama 35203
Re: Dr. Stewart Hill Tankersley
Dear Mr. Pratt:
It is my honor and privilege to represent Dr. Stewart Hill Tankersley in
connection with the claims, allegations, and demands you make in your letter dated
August 4, 2017. Dr. Tankersley did not have a chance to open the email from you and.
read your letter on August 4, 2017, because he was on National Guard duty at Fort
McClellan. He has now read your letter and has authorized me to provide this response.
I understand that you sent your letter on behalf of your client, Jerry Fielding, who
currently serves as Chairman of the Alabama Ethics Commission. Based on your having
identified Mr. Fielding as your client, I assume that the threats and demands set out in
your letter are being made solely on behalf of Mr. Fielding, and will respond accordingly,
despite your occasional reference to other commissioners in your letter.
_ You refer to “two different interviews” where Dr. Tankersley allegedly accused
Mr. Fielding of “being corrupt.” Unfortunately, you did not provide the date when those
interviews were published, the name of the journalists who published them, the name of
the publication where the interviews appeared, a copy of the interviews, or a specific
quotation from either interview where those precise words were used. Without that
information, we cannot in all fairness be expected to respond fully to you.
We are aware of one article published by Mr. John Archibald on al.com on
August 4, 2017, in which the following words appeared:
“So,” L asked, “They've been corrupted by the machine that
corrupts the politicians?”
“No!” he said. “They haven't been corrupted by it
They're a part of it.”
Arronnevrewir@emait.comMr. James Pratt
August 9, 2017
Page 2
The response set out above is attributed to Dr. Tankersley. In another sentence appearing
in that same article, Dr. Tankersley is quoted as saying, “We have a corrupt climate in the
politics of our state and something needs to be done about it.” He is also quoted as
saying, “I don’t think they (other commissioners) believe that’s the case.” Elsewhere in
the article, Mr. Archibald describes at least some of the factual bases for Dr. Tankersley’s
opinions. I do not see a statement attributed to Dr. Tankersley where he specifically
accuses Mr. Fielding of “being corrupt.”
Leaving that aside, as an accomplished lawyer, I am sure you can recognize the
difference between statements of fact, which can serve as the basis for a libel claim, and
statements of opinion, which generally cannot. It appears to me, and I believe it would
also appear to any reasonable person, that Dr. Tankersley did not accuse Mr. Fielding of
the actual commission of a crime. Dr. Tankersley was offering public comment and
opinion on important issues and controversies facing our State and the Alabama Ethics
Commission, which is speech that lies at the heart of First Amendment protection.
Even if Dr. Tankersley (who is not a lawyer) had accused Mr. Fielding of “being
corrupt,” which is not the language Dr. Tankersley used, he would have been only
speculating as to the internal motivation, bias, and subjective beliefs of a public official
Courts have typically found that sort of speech, particularly in the context of a public
debate or controversy, to be an insufficient basis for a claim of libel. See, e.g.,
Lauderback v. Am. Broad. Cos., Inc., 741 F.2d 193, 195 (8" Cir. 1984) (statement
suggesting that an insurance agent was “rotten,” “unethical,” “sometimes illegal,”
“crook,” and “liar” was protected opinion); Lizotte v. Welker, 45 Conn. Supp. 217, 226-
28 (Conn. Super. Ct. 1996) (statements regarding plaintiff's “contributions to slush
funds,” “part of the fix,” “secret, illegal, corrupt deals,” “payoffs,” “blatant coverup
attempt” and “maneuvers with political and corrupt implications” were rhetorical
hyperbole, and no reader could believe the plaintiff was being charged with the
commission of a criminal offense); Dubinsky v, United Airlines Master Exec. Council,
303 ILL. App. 34 317, 330 (IIL. App. Ct. 1999) (statement that plaintiff was a “crook” was
protected opinion); Finkelstein v. Wachtel, 2003 WL. 1918309, *7 (S.D. N.Y.2003)
(statements that plaintiff was a “crook” and that this was going to be a “very dirty
business” were protected opinion, because the terms are “colloquial, loose, figurative
terms that do not necessarily convey to the listener that plaintiff had, in fact, engaged in
criminal behavior”); Polish Am. Immigration Relief Comm., Inc., v. Relax, 189 A.D.2d
370, 373 (N.Y. App. Div. 1* Dept. 1993) (statements in magazine describing Polish
immigrant aid corporation as “madhouse” and employees as “thieves” and “false do-
gooders” were protected opinion because statements were rhetorical hyperbole). 1 invite
you to review those opinions and others along the same lines.
Simply put, in this country, we generally have the right to criticize our public
officials, even in harsh terms, without fear of being sued or silenced through punitive
litigation.Mr. James Pratt
August 9, 2017
Page 3
Dr. Tankersley is a man of conviction. He takes his role on the Commission, and
the welfare of our State, very seriously. He believes what he says, and he says what he
believes. Dr. Tankersley must therefore respectfully decline your demands that he
apologize and retract the opinions attributed to him and published in Mr. Archibald’s
article. If Mr. Fielding were to take the unfortunate (and, in my opinion, misguided) step
of initiating a lawsuit over this, Dr. Tankersley would defend himself vigorously, and he
would look forward to an opportunity to discuss and explore the factual bases for his
opinions in yet another public forum.
Finally, Dr. Tankersley is also a man of faith. Regardless of his opinions about
the Commission or our state government, he has never purposefully sought to harm or
offend any particular individual, including Mr. Fielding. To the extent Mr. Fielding has
strong feelings about this matter, Dr. Tankersley would be happy to discuss those directly
with him at an appropriate time or place.
Please feel free to contact me if you have any further questions or need any
additional information,
wees
imes P. Pewitt