because he and his cohorts have made themselves public figures by placing themselves in the media's eyes via their outrageous statements. So long as they attack other public figures (e.g., the Pope), they can get away with it on First Amendment grounds (NYT-Sullivan 1964 and Time-Hill 1967; and, yes, Hustler-Falwell from later on) - as those cases are currently applied.
The real impact of the 4th CA decision is that loud, bully boys can inject themselves into the public spotlight and inflict damage on little people who do not desire that spotlight - and that those bully boys will not be punished for what they do. Viewed in that light, the 4th CA decision is pure bullsh$t.
Regards
Mike
Bookmarks