U.S. Army Sergeant Peter J. Damon must have felt horror when he realized that Michael Moore exploited his loss of both arms in Iraq. Sergeant Damon said absolutely nothing disloyal or even critical of the war or of its conduct. And yet Mr. Moore used a television interview of Sergeant Damon to support his claims that America should never have invaded Iraq.
Today the First Circuit, with palpable sympathy, upheld dismissal of Sergeant Damon’s claims against Mr. Moore and others for what he saw as implying that he opposed the war effort and was disloyal. The court concluded — rightly in Blawgletter’s view — that no one could reasonably infer anti-war sentiments or disloyalty from anything Sergeant Damon said. Quite the contrary. Damon v. Moore, No. 07-1365 (1st Cir. Mar. 21, 2008).