February 2, 2011, 5:39 pm
Class Action Suit Filed Against Jimmy Carter Book

By PATRICIA COHEN
http://artsbeat.blogs.nytimes.com/2011/02/02/class-action-suit-filed-against
-jimmy-carter-book/

Readers are often warned not to judge a book by its cover, but what about
its publicity? That is the basis of a class-action lawsuit against former
President Jimmy Carter and his publisher Simon & Schuster over his 2006 book
³Palestine: Peace, Not Apartheid² which was filed in Manhattan federal court
on Tuesday. 

David Schoen, a Montgomery, Ala., attorney who filed the suit, said by
telephone that the book was falsely marketed as an accurate account of peace
negotiations in the Middle East. ³You cannot market it as the absolute truth
on something when it¹s not,² Mr. Schoen said, citing as examples criticisms
of the account by the United States diplomat Dennis Ross and Kenneth W.
Stein, a Carter adviser who resigned from the Carter Center after calling
the book ³replete with factual errors.² The book became a target of
criticism from the moment it was published because of the use of the word
³apartheid² in the title. Mr. Schoen said the pro-Israeli group Committee
for Accuracy in Middle East Reporting in America formally asked the
publisher to make corrections, but was rebuffed.

Adam Rothberg, a spokesman for Simon & Schuster, issued a statement: ³This
lawsuit is frivolous, without merit, and is a transparent attempt by the
plaintiffs, despite their contentions, to punish the author, a Nobel Peace
Prize winner and world-renowned statesman, and his publisher, for writing
and publishing a book with which the plaintiffs simply disagree. It is a
chilling attack on free speech that we intend to defend vigorously.²

Mr. Schoen denied free speech was involved, saying he would defend President
Carter¹s right to give his opinion, but not to misrepresent the facts.
³There is an ongoing debate about the Mideast, and to misstate, mislead and
misconstrue those things intentionally is a very grave, bad act.²

He cited James Frey¹s 2003 book ³A Million Little Pieces² as a precedent.
The Frey book was sold as a memoir but turned out to have largely fabricated
portions. Thirteen class action suits were filed, and  Mr. Frey¹s publisher,
Random House, ended up agreeing as part of a settlement to offer a full
refund to consumers who bought the book before Mr. Frey admitted to
fictionalizing sections.

The lawsuit against Mr. Carter was first reported Wednesday by Tablet
magazine.


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