Newdow Seeks Libel Judgment Against Critic

On Monday, Michael Newdow, who has gained fame through his law suits challenging the constitutionality of the phrase "under God" in the Pledge of Allegiance, will be appearing in a state court of appeals in California to defend his right to move ahead with a libel suit against Rev. Austin Miles, an interdenominational chaplain. Yesterday’s issue of The Recorder reports on Newdow’s claim that Miles defamed him in two internet postings that accused Newdow of committing perjury before the 9th Circuit Court of Appeals in the "Pledge of Allegiance" case. Miles said that Newdow told the court that his daughter had suffered emotional distress by being forced to recite the pledge. Newdow says he only told the court that children like his daughter are unduly influenced when schools lead them in a ritual proclaiming the existence of God. Newdow says that the chaplain acted with actual malice in making the false statements—a standard that must be met when a public figure like Newdow sues for libel. Newdow is also seeking reinstatement of a default judgment against Miles that was originally issued and then set aside by the trial court.