Looks like our fears are coming to pass.
http://thebosh.com/archives/2008/10...mes_still_lovestom_cruise_and_scientology.php
To understand the significance of this letter, you need to know a little bit about the law of defamation in the US. In any defamation case, truth is an absolute defense. A plaintiff in a defamation case must allege that the statements are not only false but also that they were made with "malice". Because the Cruise's are public figures, the term "malice" means that the author either knew the statements were untrue or acted with "reckless disregard of the truth". The demand for retraction relates to the element of malice. (Celebrity has denied, asked for retraction, no retraction=malice). See, NY Times v. Sullivan, 376 U.S. 254 (1964).
By sending this letter the Cruise's have essentially articulated a prima facie cause of action in defamation.
My guess is that there will be no defamation action for a variety of reasons, including but not limited to :
1. As a practical matter, since the Sullivan case, public figures have a slim chance of winning. See Hustler Magazine v. Falwell, 485 US 46 (1988). (Publisher of magazine accusation that Rev. Falwell had sex with his mother in an outhouse is not defamatory).
2. Try selling this to a jury of your peers: Katie Holmes' reputation has somehow been tarnished because someone claims she is no longer a wacky cultist. I would think it would be more defamatory to falsely accuse someone of being a scientologist than to falsely accuse them of leaving it.
3. The issue of malice. I would find it hard to believe that the author of the WD article made this up out of thin air. They obviously spoke with people who know Mrs. Cruise and were probably accurate in their recital of what was told to them by these unnamed sources. I seriously doubt that this issue was sent to press without the approval of their legal department.
4. The issue of truth. Again the issue is not whether Katie is in fact leaving but whether she has at one time or another made statements to that effect to others.
When TC's unauthorized biography was published, there was a lot of prattle about a defamation suit which has yet to materialize. My guess is there will be similar prattle about this but nothing will come of it.
If Katie is reading this, I am sorry about what I said about Suri, she is an adorable child and I hope you and her can find happiness outside of the cult.