Torts for Morons
Let me break this down for the moron in question:
Falsely accusing someone of stealing confidential documents, and of repeatedly engaging in similar misconduct: Defamatory.
Accordingly, I am retracting my claim that Herzig-Yoshinaga "surreptitiously shared confidential documents with" Irons. I have made a note of this on the errata page of my book. Moreover, I am directing Regnery to excise the words "surreptitiously" and "confidential" from future editions of the book.
In addition, I retract the following statements which appeared on my blog:
August 24, 2004:
Contrary to [University of North Carolina law professor Eric] Muller's assertion that the papers shared were "publicly available documents sitting in publicly available files at archives open to the public," the article makes clear that Irons did not obtain permission to receive the papers he acquired from Herzig-Yoshinaga.
August 25, 2004:
As I noted, these records, however, had not been cleared for public use, and Iron's request to copy them had been explicitly denied. By the way, this was not the only time Irons engaged in these sort of shenanigans.
I apologize to Irons and Herzig-Yoshinaga for the errors.
Claiming someone wore a bikini 10 years ago: Not defamatory.
Not even chuckleheads like Hinderaker or Morongoff would take your case, except on a hourly basis.