In order to win a defamation lawsuit, the person suing must convince the court and ultimately the jury that the slanderer didn’t just publish something false, but that he did so even while suspecting that the attack was false.
Immigration enforcement activist D.A. King’s lawsuit against the Southern Poverty Law Center made it to the discovery process while so many other lawsuits have failed precisely because King showed that the SPLC had reason to doubt the truth of its claim that his organization, the Dustin Inman Society, was an “anti-immigrant hate group.” In fact, the SPLC had explicitly stated that the society was not a “hate group” in 2011, but it reversed course in 2018, right after registering a lobbyist to oppose a bill the society supported.
As I wrote in my book “Making Hate Pay,” the SPLC routinely brands mainstream conservative and Christian organizations “hate groups,” putting them on a map with chapters of the Ku Klux Klan. This smear inspired a terrorist attack in 2012, but when conservatives sue to defend their good names in court, they repeatedly fail, in part because they do not allege that the SPLC itself doubted the “hate group” smear.
King can claim that, and newly revealed evidence bolsters his claim even further.
According to an article King unearthed on the SPLC website, not only did the SPLC state publicly that his group was not a “hate group” before it reversed course, but an SPLC whistleblower who went on to describe the SPLC’s “hate” accusations as a “highly profitable scam” had himself been involved in the SPLC’s monitoring of King’s organization. He even quoted a source who stated that an early version of King’s organization was not a “traditional ‘hate’ group.”