In what looks like a first in cyber law, Beck's lawyers are arguing that the the very domain name itself is defamatory.
In Rome much pamphleteering took the form of verses and songs, circulated orally, or of libelli , defamatory placards or broadsheets (whence our word "libel").moses i. finley
"To every insult we receive we will offer a proposal, to every defamatory remark, an idea, and to every exaggeration, a smile."josé luis rodríguez zapatero
I'm not sure of any case where someone has claimed that a domain name was defamatory.
For these reasons, I strongly believe that the Constitution accords citizens and press an unconditional freedom to criticize official conduct. It necessarily follows that, in a case such as this, where all agree that the allegedly defamatory statements related to official conduct, the judgments for libel cannot constitutionally be sustained.
[It] is not and has never been Julius Baer's intention to stifle anyone's right to free speech. Julius Baer's sole objective has always been limited to the removal of these private and legally protected documents from the website," the company said in its statement. However, Julius Baer denies the authenticity of this material and wholly rejects the serious and defamatory allegations which it contains.
As you are aware, this firm represents Mercury Radio Arts, Inc. and Glenn Beck. Despite our letter yesterday demanding that you delete the defamatory Domain, suspend and/or terminate your provision of WhoisGuard privacy protection services to the unknown individual who sought to register the domain, and provide us with information identifying the unknown individual, we note that as of Friday, September 4, 2009 at approximately 6:35 EDT, the defamatory Domain remains active.