LOS ANGELES — For the second time in four years, a judge has dismissed a defamation suit brought against Rep. Maxine Waters, D-Los Angeles, by a Republican who unsuccessfully challenged the veteran politician for her seat in November 2020.
Joe E. Collins III alleged the 86-year-old congresswoman’s campaign materials and radio commercials falsely stated that the Navy veteran was dishonorably discharged. Collins said he served honorably for 13 1/2 years in the Navy, receiving decorations and commendations.
Judge Kerry Bensinger granted Waters’ attorneys’ motion to dismiss the case May 23 while noting that Collins’ attorneys had not filed an opposition to the motion.
“[Collins], having failed to file any opposition, fails to show there are triable issues of material fact,” Bensinger wrote.
In May 2023, a three-justice panel of the Second District Court of Appeal unanimously reversed a ruling by now-retired Judge Yolanda Orozco.
“Free speech is vital in America, but truth has a place in the public square as well,” Justice John Shepard Wiley wrote for the three-justice appellate court panel. “Reckless disregard for the truth can create liability for defamation. When you face powerful documentary evidence your accusation is false, when checking is easy, and when you skip the checking but keep accusing, a jury could conclude you have crossed the line.”
In dismissing Collins’ case in April 2021, Orozco told his attorney that she did not come close to proving actual malice, the standard of proof needed for a public figure like Collins. In his ruling, Bensinger also concluded that Collins’ lawyers failed to demonstrate malice.
Waters’ dismissal motion before Orozco was based on the state’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights. The congresswoman’s motion before Bensinger simply argued that there were no triable issues.
According to the suit, in September 2020 the Citizens for Waters campaign published a two-sided piece of literature with an “unflattering” photo of Collins that stated, “Republican candidate Joe Collins was dishonorably discharged, played politics and sued the U.S. military. He doesn’t deserve military dog tags or your support.”
The reverse side of the ad had a photo of Waters and text complimenting her for her record with veterans, according to the plaintiff.
The dishonorable discharge statement was false because Collins left the Navy by a general discharge under honorable conditions, the suit stated.
In a sworn declaration in favor of dismissing the suit, Waters stated that the dishonorable discharge information was obtained from a decision by U.S. District Court Judge Michael Anello regarding a case Collins had against the Navy when Anello was a lawyer.
“Based on everything that I had read in the documents plaintiff had attached to his federal complaints, Judge Anello’s statement that plaintiff had been dishonorably discharged was unsurprising and wholly in line with what I had heard about plaintiff and what I had learned from my research,” Waters said.
Collins left the Navy as a decorated veteran upon a general discharge under honorable conditions, according to his court papers, which further state that he left the military so he could run for office, which he could not do while on active duty.
Collins met in 2018 with Waters’ staff and provided direct information about his discharge status, according to his suit, which says she knew or should have known that Collins was not dishonorably discharged and the accusation was made with actual malice.”
The plaintiff also cited a Waters radio campaign commercial that included the congresswoman stating, “Joe Collins was kicked out of the Navy and was given a dishonorable discharge. Oh yes, he was thrown out of the Navy with a dishonorable discharge. Joe Collins is not fit for office and does not deserve to be elected to public office. Please vote for me. You know me.”
Waters stated in the radio ad that Collins’ health benefits were paid for by the Navy, which would not be possible if he had been dishonorably discharged, according to the plaintiff.
But Bensinger wrote that based on Anello’s information, Waters “had a subjective, good-faith basis to believe her written and oral statements that (Collins) was dishonorably discharged were true.”
