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Outsports Sued for Defamation:
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Outsports LLC / Legal
4688 Cleland Ave.
Los Angeles, CA 90065

Dear Outsports Readers:

We are writing to you and all members of the gay community about our most important story of the year. We wish it centered on the accomplishments of our community, but instead we are writing about a major threat to the very existence of Outsports.

We are under attack by legal forces intent on censoring us for the simplest act of journalistic freedom, posting a picture of a participant in a public sporting event. A man in North Carolina is suing us for defamation, saying that running his picture as part of a photo gallery on the Los Angeles Marathon is libelous in and of itself. He is seeking damages in excess of $10,000, in addition to punitive damages and legal costs. At first we were bewildered. When we place a picture of the San Diego Chargers training camp on Outsports, no one sues claiming such publication implies or states any of the players are gay. Is even the remotest association with the word "gay" subject to a lawsuit?

And then the realization hit. We’re not being sued so much for implying the guy is gay; we’re being sued because we are gay. However his attorneys frame it, the bottom line is clear: the same picture in the New York Times would not be litigated. Should we lose, gay publications everywhere would be held to a different standard than all other media. But the most frightening implication is the idea that gay people can’t freely associate with straight people, because it might be defamatory. That thought chills us to the bone.

We believe this suit to be totally without merit and are confident we will win the case. We were acting well within our First Amendment rights to report the news as a credentialed media outlet covering a public event. But as we all know, sometimes the legal system is skewed in favor of those who have the most resources and that is why we need your help.

Despite all of the progress we have made as a community, we still must fight together for even the remotest levels of equality. And make no mistake we will be fighting this lawsuit to the end. There will be no settlement; too much is at stake. Although our readership has grown steadily throughout the years, Outsports is still primarily the product of two gay guys who love sports and love the community. Outsports sells small amounts of advertising that allow us to pay our bills each month. This lawsuit aims to harm us by shutting us down by diverting our resources to fight this case. But the existence of the website pales in comparison to the larger issues.

• Do you believe that gay publications should have access to the same rights and laws available to mainstream publications?
• Do you believe that being gay is defamatory?
• Do you believe that our freedoms are closely tied to constitutional freedoms protecting the rights of individuals and the press to gather and speak freely?

These are the questions that we hope will guide you to contribute to our legal defense fund. Our initial cost to fight the suit is approximately $10,000, and we anticipate substantial additional costs as the process moves through the legal system. Our goal is to raise enough money to cover our initial fees and to be prepared for the challenges ahead. Please click on the Paypal link below, or send a check, to make a contribution to our legal defense fund.

We didn’t start the website to address legal injustice; but we always tried to provide a place where gay people could share a common bond and find community. Did the people who sued us assume that we would wilt in the face a fight? Do they actually anticipate a settlement? With your help, we will take this fight right back to the people attacking us and give them a taste of what American justice and freedom is really about.

To fight injustice and contribute to the Legal Defense Fund, click on the button below:

or send a check to:
Outsports LLC / Legal
4688 Cleland Ave.
Los Angeles, CA 90065