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Moore's fahrenheit 9/11 did not defame war veteran

Filmmaker MICHAEL MOORE has been cleared over allegations of defamation relating to TV interview footage he used in his documentary FAHRENHEIT 9/11 - without asking the respondent's permission.

U.S. Army Sergeant Peter Damon, an Iraq war veteran who lost both of his arms when a helicopter he and a colleague were servicing exploded, claims he was left humiliated and emotionally distressed after Moore included video footage of the traumatic incident in the 2004 film.

Fahrenheit 9/11 documents the affects the 2001 terrorist attacks had on the U.S., and looks into Moore's argument that President George W. Bush's administration allegedly used the event to press ahead with an unjust war in the Middle East.

Damon sued Moore for his inclusion in film, in which he comments about a new painkiller used by the military on wounded soldiers.

He alleged the way the video clip was used makes it look like he was "voicing a complaint about the war effort". Instead, he claims he was complaining about the "excruciating type of pain" of his injuries.

When Damon's original lawsuit was thrown out of court, he took the case to the federal appeals court.

However, in a ruling on 21 March (08), Judge Aida Delgado-Colon of the 1st U.S. Circuit Court of Appeals ruled that while Damon's frustration at the matter was understandable, the video footage was not considered defamatory and dismissed the lawsuit altogether.

Delgado-Colon told the court: "There is no reason to believe that a reasonable member of the military or veteran community would conclude that Damon's appearance in the documentary conveyed a defamatory meaning, and therefore lowered his reputation or subjected him to scorn, hatred, ridicule or contempt in that community."

Damon is now looking to challenge the decision and take the case to the U.S. Supreme Court.

His lawyer Philip Moran says, "He totally disagrees with the tenor of Michael Moore's position. He just felt he never should have been in the movie without his permission." (MT/WNWA/TN)

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