Thursday, October 13, 2016

Doesn't Matter If It's True...You Can't Win a Libel Case

   As for Mr. Trump's assertion he will sue the NY Times for their latest hit piece about 30+ year airplane allegations.
    The Times' lawyers wisely responded not whether the allegations are true but that they don't hurt Mr. Trump's already established reputation.
    Libel involving a public figure requires proving it was false and defamatory....and that it was done with reckless disregard for truth and actual malice.
    The easiest potential defense is that it wasn't defamatory. It may be false or at least tough to prove....The haste in publishing may be reckless, and making the case for the Times having malice is actually pretty easy....But proving it's defamatory ? Not that easy as Mr. Trump has a lady's man reputation...Therefore...No libel...Even if it's false.
    Mr. Trump has the ability to compete in a libel case as he has money...But in the end you can't win.

12 comments:

Anonymous said...

If it were easy to win these kinds of things, the world would turn into one big courtroom. There wouldn't be enough lawyers. After all, if this campaign taught us anything, it's that you can say anything you want when media supports you. And many people are just dumb enough to believe it.

Anonymous said...

I noticed that the first liar to come forward said that "somehow the armrest" got raised. And it seemed strange that she included that detail. Then today on the great Rush, he mentioned that the armrest in first class do not raise. Then he said a number of stewardesses from that era then called in to report that he was correct.

Anonymous said...

Bottom line: Bill and the Donald cancel each other out. Hillary wins.

Anonymous said...

Yeah, they published it to get the truth out there, not to hurt Trump.
There's a big difference between talking about celebrity loving groupies and literally grabbing them.

Anonymous said...

Could be, 10:20, but your kids lose. Screw them, as it were.

Anonymous said...

I can't believe that the Donald would do and say anything nasty. The media is the one making up all those things about the Donald. He never talks about himself or say anything bad of others. The media is to be blame for not reporting exactly what the Donald has been saying. May be I'm just exaggerating.

Anonymous said...

Don't worry about our kids, GN. As long as they don't end up as a permanently bitchy old grump with only negative things to rant about, and a fixation on one retired vet, they'll be fine.

Danny M. Francis (Eyepublius) said...

Win, lose, or draw on this law suit - you are right: no win possible.

Extending that thought. Mrs. T is filing a law suit, too. I suspect all of T's kids will follow suit (no pun intended)...

Then after the election, when he loses, he file a huge one, maybe in FL or some friendly RED state to gain standing and to the USSC on "it was rigged charge" and tie up the results for a very long time. Bet on that.

Wait and see if I am right. One thing about Trump: He can't stand to lose and he has a trail of lawsuits to prove my point; most of which he lost bigtime and many still pending (Trump U for example).

Hang on tight: Hurricane Donald is on the way.

Anonymous said...

9:07, they won't have much choice. There will be no alternatives, thanks to followers like you. I guess they can buy one of the 53,000 vacant houses in Buffalo. As I've said, with no children of my own, I have no problem screwing yours. Thank them kindly for my steady checks. Life is good.

Anonymous said...

Is life good for you GN? How would you know the difference? Sadly, the highlight of your day appears to be waiting for a Danny post or phone call so you can pounce. Open the shades, step outside, get some air, and check the sky - it ain't falling.

In case your mama never told you, screwing and children should never be used in the same sentence, no matter what the intent.

Anonymous said...

If they have evidence that disputes the allegations but don't include it in their reporting, is that libel?

Jeff Graham said...

Leaving things out is not libel. If what's printed is false and defamatory,, the exclusion of exculpatory stories may contribute to the notion of reckless disregard for the truth.
These things are hard to win, and by design as there is a perceived need to protect a free press.