Alex Jones’ Actual Malice

How a Talk Show Host Can Help Defeat the First Amendment

By James F. Tracy

Beginning in April the parents of children said to have perished in the December 2012 Sandy Hook School massacre have filed defamation lawsuits against Alex Jones (e.g. here, here and here) and others claiming the radio talk show host defamed them by repeatedly stating to his audience that the incident was staged. The plaintiffs are requesting an unspecified monetary sum from the defendant, claiming he caused them to be harassed and threatened by parties who share Jones belief that the event was a hoax.

In the event these actions are tried they will in all probability not function as a venue where the veracity of the Sandy Hook event itself can be verified or disproven. Nor will the plaintiffs likely have to provide much if any evidence of harassment or pain and suffering.

The parents’ attorneys assert in one suit that “overwhelming–and indisputable–evidence exists showing what happened at Sandy Hook Elementary School on December 14, 2012.” This claim is unanimously (though erroneously) supported by Connecticut State authorities and national news media, and has been accepted as settled fact by a federal judge in Lucyv.Richards.

Alex Jones faces new defamation lawsuit, hires attorney

An open question remains whether the suing parties would need to suppress any countervailing evidence. This is largely because over five years after the Sandy Hook massacre event Jones still routinely exhibits uncertainty on whether or not the shooting was real. It is with this suggestion of “actual malice” that he is setting himself up for an untenable position before a jury.

Sullivanv.NewYorkTimes defined actual malice as a primary requisite for a plaintiff to prevail in bringing a defamation suit. In that famous episode the U.S. Supreme Court ruled that an advertisement with factual inaccuracies produced by 1960s civil rights advocates and carried in the Times had not been published with actual malice. The court ruled that under the given circumstances the newspaper’s staff did not run the ad either 1) knowing it was false, or 2) with reckless disregard for the truth.

In the cases at hand Jones’ would-be confusion about Sandy Hook began just hours after the alleged shooting itself, when Jones, perhaps anticipating the mixed orientation of his audience toward the incident, expressed confusion over exactly what took place in Newtown. At the same time, and without any real evidence, he used anonymous callers’ observations to label the event a probable “false flag.” This ambiguity would continue for more than five years.

In the months and years thereafter substantial evidence emerged suggesting the “massacre” was probably a FEMA drill overseen by the Obama administration and presented as an actual attack to lay the groundwork for strengthening gun control legislation. Some of this data was compiled in the book edited by Professor Jim Fetzer, Nobody Died at Sandy Hook.

Instead of inviting Fetzer on to his radio program following the book’s publication and subsequent censorship by in late 2015, Jones ran in the other direction, actually deleting a story by Infowars writer Adan Salazar from his website and thus in effect joining forces with Amazon to suppress that title’s revelations.

Jones conflicted stance toward Sandy Hook is now even mirrored in his attorney Marc Randazza’s public remarks. “We are going to be mounting a strong First Amendment defense and look forward to this being resolved in a civil and collegial manner,” Jones’ counsel Randazza explained to the New York Times, where he continues to note “that Mr. Jones has ‘a great deal of compassion for these parents.'”

Such a statement suggests how the Sandy Hook official narrative as  defined by the media (and in the minds of any potential jury member) is shared by the defendant himself and his own legal team.

University of Texas law professor David Anderson contends that Jones’ repeated waffling on Sandy Hook makes him especially vulnerable.

What I understand is that he’ll say these things at one point, and then later on, he’ll say, “Of course I know that wasn’t true.” If he says things, and then says he knows it wasn’t true, he’s in trouble. If he consistently says, “I never claimed that to be true,” then he’s probably on more solid ground.

Because Jones’ confusing array of broadcast utterances on Sandy Hook are all a matter of public record it will not be difficult for the “prosecution” to demonstrate Jones’ confusion amounts to a “reckless disregard for truth.”

Further, since Jones’ public persona precedes him and given the fact that jurors are often impressionable and will surely not be avid “Infowarriors,” plaintiffs’ counsel will likely find it easy to depict Jones as a devious and malicious actor. Unfortunately, these are all a jury needs to be fed to affirm the parents’ claims.

Jones’ uncertainty on the Sandy Hook massacre is especially unusual for a figure who is the self-proclaimed “founding father of the 9/11 truth movement,” and who for over two decades been the country’s most prominent “conspiracy theorist.”

Moreover, Jones strongly-voiced political opinions in many areas is what his fans find most appealing. In light of this the broadcaster has waffled so much on Sandy Hook that it’s difficult not to believe that he isn’t a pre-designated foil in a broader play to defeat what’s left of speech freedoms in the United States. It’s at least for certain that Jones is not any truth movement’s most desirable ally.

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7 thoughts on “Alex Jones’ Actual Malice”

    “As of 2016, there are 1,315,561 Licensed Lawyers in the United States of America”
    Current 2016 data table of registered attorneys in the United States

    There are about 16,000 forensic science technicians in the U.S. in 2018. One of the top crime scene investigators is Henry C.Lee, Ph.D. who holds a prestigious position at the University of New Haven.
    All the well established rules for crime scene investigations were violated at the alleged Sandy Hook School Shooting event December 14, 2012 at Newtown CT. Even the total crime scene was demolished to dust with every employee in the wrecking crew sworn to secrecy with criminal penalties if any spoke up about not observing any bullet holes in walls, or blood splattered walls or floors or drawings by investigators of positions of bodies, or any other evidence any crime had been committed that day! Obviously the authorities have something to hide don’t they, if they go to such extremes to prevent the truth from being exposed? Observe the deafening silence of the over 1 million lawyers, of the thousands of crime scene investigators, or the top crime scene investigator in the country Professor Dr. Henry C. Lee, Ph. D. to all this. These alleged crimes were not investigated but presented as fact and true by lying media dupes as a staged false flag shooting event which began as a drill which “went live” later. This was not “justice” but perversion of justice. This was INJUSTICE! Nothing will change with these sham lawsuits other than to further enrich already rich lying lawyers. America has degenerated to rock bottom today. Shame, shame, shame,.on all involved in this massive scam on all Americans by our corrupt government. The local government even obstructed simple release of public information to a citizen Wolfgang Halbig and his lawyer and even sent two police officers to his home to threaten him into silence. Has the United States degenerated to Nazi, Germany or WORSE? Wake up duped Americans: You have been had, fooled and fleeced by your own government. How does it feel? Read the free book which was banned from Amazon: “Nobody Died at Sandy Hook” by Professor James H. Fetzer, Ph.D., et all. Watch the many presentations he has made or read the many articles he has written on this massive scam on the duped American Public. Professor Dr. James H. Fetzer, Ph.D. should receive the Medal of Freedom for his intelligent and courageous efforts, all pro bono, for his immense efforts to expose all good Americans to the government lies about this evil event to fool all Americans out of their basic rights to own and possess guns for self defense and other purposes as provided in the precious 2nd Amendment to our Constitution which has been defended with the blood of thousands of U.S. Soldiers for over two centuries! Obviously the United States has many gutless cowards in its population today, especially employed by government itself, but former United States Marine Captain Professor Dr. James H. Fetzer, Ph. D. is not one of them! Here is a link to his remarkable education and experience in such investigations and other remarkable qualifications as a top intellectual and top American from Pasadena, California, 1940.
    Winfield J. Abbe, Ph.D., Physics, UC Riverside, 1966, M.S., Physics, California State University at Los Angeles, 1962, A.B., Physics, UC Berkeley, 1961.

    1. About Winfield’s comment following Alex Jones’ Actual Malice July 8, 2018 at 8:02 pm “Observe the deafening silence of the over 1 million lawyers, of the thousands of crime scene investigators, or the top crime scene investigator in the country Professor Dr. Henry C. Lee, Ph. D. to all this. These alleged crimes were not investigated but presented as fact and true by lying media dupes as a staged false flag shooting event which began as a drill which “went live” later.”

      The first sentence of quote may be just a hurried grammatical mess by mistake. And bad grammar may also be the excuse for the second one which sounds like lying media dupes presented Sandy Hoax as a false flag shooting event. No, the MSM were unanimous in reporting SHES shooting as real. Am I wrong?

  2. No need to research what Marxism is in history books. We are living it and the CT State Police and Gov Malloy are happy willing shills for their repressors. The one officer investigating died suddenly at the very beginning. The Obama NDAA act makes state run propaganda all legal.

    1. Thank you Mark for an excellent, concise statement of the state of affairs of the United States of America today.
      And just ponder this: Connecticut calls itself “The Constitution State”! Talk about rubbing it in our faces. Here is what I do not understand: Why are they so intent on winning this battle of lies? After all the 2nd Amendment is not going to live or die as a result of the Sandy Hook Hoax is it? Why are such a large majority of Americans intent on imposing a massive lie of the rest of us? But it is obvious they are playing real hardball on this one.

  3. Here is an excellent critical article by a citizen make less than 2 months after the Sandy Hook Hoax event December 14, 2012, on February 6, 2013:
    Published on February 6th, 2013 | by Kennedy Ray
    Corruption in Connecticut: ME Dr. H. Wayne Carver
    Published on February 6, 2013 by Kennedy Ray.

    About the Author

    Kennedy Ray “ Just a girl who owns the black belt in blogging and publishing. I have a passion for justice and people who are different than the majority. Normal people lack of creativity and imagination.”

  4. 7/9 comment from Prof. Jim Fetzer from mirrored post at

    As further confirmation for James Tracy’s inference, when I read the piece in The New York Times attacking Alex Jones’ legal team, I reached out to them and offered my assistance and that of other experts on Sandy Hook. I wrote using the firm’s on-line contact medium but also called and left a voice mail message for Marc Randazza. When I published a blog about it, “New York Times article attacking attorneys for Alex Jones in (absurd) Sandy Hook lawsuit”, and distributed the complete article–which includes proof that “Noah Pozner” was a fiction made up out of photographs of his purported older step-brother, Michael Vabner–I added him to the email list:

    He cannot possibly be unaware of the breadth and depth of evidence that the school was closed by 2008, that there were no students there, and that it was done to promote gun control. The first obligation of the plaintiffs in this case, one would surmise, would be to establish under the rules of evidence for legal proceedings that children had actually died at Sandy Hook, which they would be unable to do. My inference is that they are going to treat the fabricated deaths of children and adults as a matter of “common knowledge” everyone knows to be the case, which will add one more absurdity to the case, since Alex Jones is being tried for doubting that claim what therefore cannot possibly be “common knowledge”.

    Not only has Alex never invited me or other experts on Sandy Hook, such as James Tracy, onto his show, but his associate, Jerry Corsi, dismissed my offer of long standing to provide extensive evidence and expert testimony from multiple students of Sandy Hook virtually out of hand. That bothered me at the time. More recently, I was about to guest host on “The Power Hour” and, impressed by his new book, Killing the Deep State (2018), invited him to be my featured guest. He displayed a notable lack of enthusiasm for the idea, but reluctantly agreed to come on the show. A few hours earlier in the day, however, he called to emphasize that he did not want to talk about Sandy Hook. I decided to drop Jerry and move up my second guest, Joe Olson, to talk about new research on 9/11. Inforwars’ charade has endured long enough.

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