The movie, a documentary that opposes the Iraq War, included a short clip of an NBC interview with Peter Damon of Middleborough, Mass. At the time, Damon was hospitalized in Walter Reed Hospital in Washington after losing both arms in Iraq.
Damon argued that including the 16 seconds of film in the movie made him look like he supported Moore's opposition to the war. But the court disagreed, upholding a lower court's action in dismissing the suit, The Boston Globe reported.
"While a reasonable viewer could conclude that the documentary itself espouses an anti-war and anti-commander in chief message, no viewer could reasonably conclude that Damon shares any political or ideological kinship with Moore," Judge Aida Delgado-Colon said.
Damon's lawyer said his client might appeal to the U.S. Supreme Court.
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