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May 18, 2006 [feather]
Taxpayers to help Churchill finance his lawsuit?

Ward Churchill's lawyer explains to Bill O'Reilly how he's going to make Churchill's case against the University of Colorado and how the taxpayers of Colorado are going to subsidize Churchill's suit:


O'REILLY: [Churchill]'s not teaching in the fall. He's getting paid almost $100,000. What is he doing?

LANE: Right now, he's writing a book.

O'REILLY: He's writing a book on the taxpayers' money?

LANE: Yes, yes. Every taxpayer in Colorado is currently paying Ward Churchill to write his book.

O'REILLY: Is that unbelievable?

LANE: I will thank them on your show, Mr. O'Reilly. Thank you, taxpayers.

O'REILLY: I mean, how can I get this job?

LANE: And soon they will be paying me...

O'REILLY: How can I get this job?

LANE: Soon they will be paying -- they will be paying me to continue through this process, because the University of Colorado.

O'REILLY: How are they paying you? Isn't he paying you?

LANE: .that's part of the protocol -- no, that's part of the protocol is that the University of Colorado will end up paying me.

O'REILLY: Oh, this is interesting. So are you billing the University of Colorado for all of the time? Because you've been defending Churchill now for almost a year and a half.

LANE: Well, the University of Colorado, I believe, is obligated to give me $20,000 of taxpayer dollars to continue the defense of Ward Churchill from this point on.

O'REILLY: Is that right?

LANE: I believe so.

O'REILLY: I thought you had a good point the last time you came on where he couldn't be fired for even saying the vile things he said, because -- academic freedom, he had tenure.

But now with these five experts coming in and saying, listen, his scholarship isn't up to the standard of the university, I think you're going to lose it, there's no way on earth I think you're going to win it. But I will give you the last word.

LANE: Well, let me just say this, that in federal court, on a First Amendment retaliation claim, I have to show that retaliation for his First Amendment protected speech was a motivating factor. I don't have to show that it was the main factor. I don't have to show that it was the only factor. All I have to show the jury is that it was a motivating factor in his termination.

O'REILLY: OK.

LANE: I don't think anybody can dispute that.

O'REILLY: I'm sure these five people will. But counselor, we appreciate you coming on the program.


Eugene Volokh has shown how it can be argued that Churchill's constitutionally-protected speech legitimated his investigation. So it looks like those will be the two main lines of argument in what promises to be quite a skirmish.

posted on May 18, 2006 4:50 PM