 <unk> by the entire panel of the Ninth Circuit ( instead of just the three judges ) was denied over the dissent of seven judges . Judge Smith , one of the dissenters , argued that the panel " incorrectly rested its laurels on Supreme Court rulings in defamation cases that false facts did not receive First Amendment protections . " Smith argued that this was not a defamation case , because even if the act was intended to prevent injury to military personnel , " [ t ] he right against defamation belongs to natural persons , not to governmental institutions or symbols . " 
