Kennedy 'love child' claims draw libel lawsuit
An East Sandwich woman and her son have a shot at winning a libel suit against The National Enquirer, one communications law expert said yesterday.
Caroline Bilodeau-Allen and her son, Christopher Allen, are suing the tabloid paper, its publisher, American Media Inc., and two reporters for stories last year that said Bilodeau-Allen had an affair with Sen. Edward Kennedy, and her son, now 22, is their "love child."
As private citizens, Bilodeau-Allen and her son only have to show the stories were published negligently, or that the editors and reporters failed to act as a reasonable person would under the circumstances, said T. Barton Carter, a Boston University communication and law professor.
As a public figure, if Kennedy brought the suit himself, he would have to prove the newspaper knew the information was false or had serious doubts about the story before it was published.
"It is fairly difficult to win a libel case, although as we've seen in Massachusetts lately, not impossible," Carter said, referring to the recent case of a judge winning a libel suit against the Boston Herald. "Clearly this plaintiff has a better shot than Kennedy would."
The last two years have been "devastating" for Bilodeau-Allen and her son, their attorney, David Rich, said.
The articles defamed them, intentionally and negligently caused emotional distress, invaded their privacy and portrayed them in a false light, according to the suit they filed in U.S. District Court on Tuesday.
The mother and son are asking for $1 million in damages.
"A real injustice had been done to private, private people who were just trying to live a quiet existence and wake up one morning and see their pictures, their faces on the cover of The National Enquirer with falsehoods published about them," Rich said.
Bilodeau-Allen did not respond to a request for comment at her East Sandwich home yesterday. Kennedy's office did not return calls for comment.
The articles, published on Jan. 30 and Feb. 6, 2006, say Bilodeau-Allen gave birth to Kennedy's child, that he was unwanted and that she was "paid off" to keep the paternity a secret, according to the suit.
The reporters said Bilodeau-Allen allegedly received gifts for keeping her silence — a new black Mustang convertible and an expensive purebred Shar-Pei dog. They said she also received about $15,000 from someone in the Kennedy camp.
American Media plans to "vigorously defend" the company in the suit, acting general counsel Michael Antonello said.
"The articles were premised upon well-placed sources that were in a position to know the truth of the information they conveyed to the National Enquirer," he said. "We had no reason to doubt the veracity of the information we were provided."
Rich, who represented Superior Court Judge Ernest Murphy in his successful case against the Herald, is confident his clients will prevail.
He is not yet sure whether or not he'll call Kennedy to testify, but said it won't be necessary to ask the senator for a paternity test.
"Ted Kennedy is not Christopher Allen's father," Rich said.
Stephanie Vosk can be reached at svosk@capecodonline.com.
l In 1981, actress Carol Burnett won a judgment against the Enquirer after the tabloid reported she was drunk in a restaurant and arguing with Secretary of State Henry Kissinger in 1976. The damages were reduced on appeal and Burnett and the paper eventually settled out of court. l Elizabeth Taylor settled with the Enquirer out of court in 1991 after the paper reported she had a fatal disease, lupus, and was drinking while in the hospital. l Former U.S. Rep. Gary Condit settled with the Enquirer in 2004 after he sued claiming the tabloid had ruined his reputation and career by reporting his involvement with Chandra Levy, a California woman whose remains were found in a park in Washington, D.C. a year after her death. Source: United Press International, The New York Times