A reality based independent journal of observation & analysis, serving the Flathead Valley & Montana since 2006. © James Conner.
If convicted of criminal defamation, Lenio could be fined $500 and sentenced to six months in the county jail for having said something the government decided wasn’t nice. Here’s Montana’s criminal defamation statute in its entirety:
45-8-212. Criminal defamation. (1) Defamatory matter is anything that exposes a person or a group, class, or association to hatred, contempt, ridicule, degradation, or disgrace in society or injury to the person's or its business or occupation.
(2) Whoever, with knowledge of its defamatory character, orally, in writing, or by any other means, including by electronic communication, as defined in 45-8-213, communicates any defamatory matter to a third person without the consent of the person defamed commits the offense of criminal defamation and may be sentenced to imprisonment for not more than 6 months in the county jail or a fine of not more than $500, or both.
(3) Violation of subsection (2) is justified if:
(a) the defamatory matter is true;
(b) the communication is absolutely privileged;
(c) the communication consists of fair comment made in good faith with respect to persons participating in matters of public concern;
(d) the communication consists of a fair and true report or a fair summary of any judicial, legislative, or other public or official proceedings; or
(e) the communication is between persons each having an interest or duty with respect to the subject matter of the communication and is made with the purpose to further the interest or duty.
(4) A person may not be convicted on the basis of an oral communication of defamatory matter except upon the testimony of at least two other persons that they heard and understood the oral statement as defamatory or upon a plea of guilty or nolo contendere.
History: En. 94-8-111 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-8-111; amd. Sec. 1, Ch. 230, L. 1997; amd. Sec. 5, Ch. 395, L. 1999; amd. Sec. 3, Ch. 344, L. 2003.
Lenio allegedly made disparaging remarks about Jews. He wasn’t the first, he won’t be the last, but if the criminal defamation charge isn’t dropped, he could be one a a very few to be prosecuted for anti-Semitic remarks. Prosecutions for criminal defamation are unusual. I still think law enforcement authorities believe Lenio is danger and are grasping at laws they can use to keep him off the street, but they need to be careful lest the unintended consequence of this charge is a government attempt to criminalize political discourse.