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Last Updated: Friday, 22 December 2006, 10:18 GMT
US soldier loses 9/11 film claim
Michael Moore
Moore lambasted George W Bush at the Oscars 2003
A US judge has thrown out a claim by an Iraq war veteran who alleged a TV clip of him was used without his consent in Michael Moore's film Fahrenheit 9/11.

Sgt Peter Damon, 34, who lost both arms in Iraq, claimed Moore used an interview he did with NBC's Nightly News without asking permission.

Sgt Damon said use of the clip in Moore's documentary made him appear anti-war and against President Bush.

US District Judge Douglas Woodlock said the segment did not defame Sgt Damon.

He claimed the positioning of a clip of him complaining about the pain from his injuries made him appear to be critical of the Iraq war and the US government.

'Personal humiliation'

The segment followed immediately after a clip of US Congressman Jim McDermott saying the Bush administration was "leaving all kinds of veterans behind".

Moore's lawyer, Jonathan Albano, said Sgt Damon appeared for 16 seconds out of a 2-hour and 10-minute film and that the quotes were used verbatim and not manipulated to make him appear to hold an anti-war viewpoint.

Sgt Damon had asked for damages because of "loss of reputation, emotional distress, embarrassment, and personal humiliation".

According to the Associated Press news agency, Sgt Damon had sued Moore for up to $85m (45m). He also sued Fahrenheit 9/11's distributor, Miramax.

No regrets

Judge Woodlock said the First Amendment of the US constitution gave Moore wide leeway in expressing his political opinion in his films.

Sgt Damon said he was disappointed with the outcome but did not regret bringing the case to court.

"We took the action not only to hold Michael Moore accountable, but also to clear my name and to let everyone know that I do not hold the same positions as Michael Moore on the Iraq war or on President Bush," he said.

Sgt Damon, a National Guardsman, lost both his arms when a tyre on a Black Hawk helicopter exploded while he and a colleague were servicing the aircraft on the ground in Iraq. Another soldier was killed in the explosion.




SEE ALSO
Director Moore sued by US soldier
01 Jun 06 |  Entertainment
Disney strikes Moore movie deal
13 May 04 |  Entertainment
Moore fires Oscar anti-war salvo
24 Mar 03 |  Entertainment

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