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Bye bye freedom of speech?
Posted by: samintx
Date: January 11, 2018 07:05AM
Libel laws are not a Federal law are they? I thought Rachel said this week they are by state. His crack down will go the way of his suit against Fire and Fury.
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Re: Bye bye freedom of speech?
Posted by: Ombligo
Date: January 11, 2018 09:15AM
Libel Laws are not a true law, they mostly rely upon a series of Supreme Court decisions. First and foremost of those is NY Times vs Sullivan. That decision put down the basic definition of libel - namely that there must be an absence of malice. Making a mistake is not libel if there is no intent to mislead - meaning that an effort was made to insure there was truth, even if there was later proved not to be.

Later decisions expanded on Times v Sullivan - the most applicable one here is that a person in the public (say an actor, or politician) must further prove that there was actual harm done beyond being upset at the mistake. Very few cases involving public personalities are adjudicated, it is a very high bar to get over.

Just on the face of Trump's claims, there is virtually no chance of a finding of libel. My guess is the lawyer's intent is to scare the plaintiff. Defending against libel can be expensive, and many smaller publications can not afford it. It is not unusual for a larger publication or group of publications to underwrite the defense of a smaller publication.



“No persons are more frequently wrong, than those who will not admit they are wrong.”
-- François de La Rochefoucauld

"WE CALL BS!" -- Emma Gonzalez
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Re: Bye bye freedom of speech?
Posted by: Janit
Date: January 11, 2018 09:55AM
All goes to show how little Trump understands about the workings of our government, and what toadies his lawyers are to participate in pursuing such disingenuous forms of harassment.
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Re: Bye bye freedom of speech?
Posted by: Filliam H. Muffman
Date: January 11, 2018 03:42PM
At least in the US, being a prominent political figure means pretty much anything goes. Our Sewage Covered Orange Traffic Cone would have been sued into oblivion for his comments about Obama's birth certificate if the changes he is babbling about had been implemented 10 years ago.



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