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Seriously, can the chief MF be sued for Calling Gillum a thief (Original Post) raccoon Oct 2018 OP
Serously, no. brooklynite Oct 2018 #1
There's no public figure exemption to slander EffieBlack Oct 2018 #14
Emphasis on the word "prove" brooklynite Oct 2018 #17
The question was whether he could be sued. The answer is yes -He is not exempt because he's a public EffieBlack Oct 2018 #18
If he could then I could be in deep kimchi Thomas Hurt Oct 2018 #2
You're not a public figure and Red Don is uponit7771 Oct 2018 #8
Not since the dems let the cons take scotus Fullduplexxx Oct 2018 #3
there was no "letting", unless you can come up with a way we could have actually stopped them. unblock Oct 2018 #4
Well we arent free to talk freely here... wait ... im mot sure im even allowed to say that Fullduplexxx Oct 2018 #7
Yeah, what's up with that poster Cha Oct 2018 #11
BULL.. Quit Disingenuously BASHING our Cha Oct 2018 #10
Not bashing the party just making a statement regarding those who didnt vote for the party nom Fullduplexxx Oct 2018 #16
We shall all die by a thousand cuts Chickensoup Oct 2018 #5
I'm not sure if the "public figure" aspect is universal if malice/untruth can be proved. dameatball Oct 2018 #6
Exactly - the only difference between a public figure and private person EffieBlack Oct 2018 #19
If Trump had his way Cartoonist Oct 2018 #9
He just playing WWE , worldwide edition. Corgigal Oct 2018 #12
I wonder the same canetoad Oct 2018 #13
Yes, he can be. EffieBlack Oct 2018 #15
 

EffieBlack

(14,249 posts)
14. There's no public figure exemption to slander
Mon Oct 29, 2018, 07:47 PM
Oct 2018

The standard for public figures is higher but they are not exempt. In order to prove slander against a public figure, the plaintiff must prove both that the comment was untrue and that it was said with "malice," i e with an intentional disregard of ita falsity.

 

EffieBlack

(14,249 posts)
18. The question was whether he could be sued. The answer is yes -He is not exempt because he's a public
Tue Oct 30, 2018, 09:46 AM
Oct 2018

figure.

And, yes, malice is indeed a legal standard and, therefore, whether Trump acted maliciously IS a question for a judge or jury to decide. Whether the plaintiff can convince a jury that the case meets all of the elements of the offense is a different question. But a plaintiff would have a very strong case here.

FYI, "malice" in the legal sense doesn't mean the same as it does in common usage. In libel/slander context, "malice" means "reckless disregard of the truth."

And there is little question that Trump tweeted out that accusation against Gillum with a reckless disregard for whether it is true. That is why he later said in an interview, "In my opinion he's a stone cold thief." Obviously, his lawyers got to him and convinced him to try to clean up what he said earlier since there is little doubt that he opened himself up bigly to a slander claim - and, unlike most people he slanders, Gillum doesn't seem reluctant to sue his ass off.

Thomas Hurt

(13,903 posts)
2. If he could then I could be in deep kimchi
Mon Oct 29, 2018, 05:18 PM
Oct 2018

I have shared my opinion that trump is guilty of just about every crime except murder, burglary, robbery and molesting animals. Pathological liar, malignant narcissist...you get the picture.

unblock

(52,328 posts)
4. there was no "letting", unless you can come up with a way we could have actually stopped them.
Mon Oct 29, 2018, 05:29 PM
Oct 2018

moreover, they've had the scotus for a long time.

we had an opportunity to take it back, but mcturtle prevented it.

Fullduplexxx

(7,870 posts)
16. Not bashing the party just making a statement regarding those who didnt vote for the party nom
Mon Oct 29, 2018, 08:03 PM
Oct 2018

Because i believe that when dems vote dems win

Chickensoup

(650 posts)
5. We shall all die by a thousand cuts
Mon Oct 29, 2018, 05:35 PM
Oct 2018

of article 2.
The terrorist extremist right wing
If they win control they will suspend
and ultimately delete freedom of speech
from our vocabulary. Fuck fox News, rush and co for the lies and hate they spread.
And of course the biggest liar of them all.

dameatball

(7,399 posts)
6. I'm not sure if the "public figure" aspect is universal if malice/untruth can be proved.
Mon Oct 29, 2018, 05:37 PM
Oct 2018

But that's just what we learned back in the 70's. I once had the privilege to have Carl Rowan visit my classroom post Watergate. He had some issues later, but at that time he was well respected.

 

EffieBlack

(14,249 posts)
19. Exactly - the only difference between a public figure and private person
Tue Oct 30, 2018, 09:49 AM
Oct 2018

is that a private person only has to prove that a statement was untrue and harmful to them. A public figure requires a higher standard f proof - they must prove that the statement was untrue AND made with "reckless disregard" of the truth.

Cartoonist

(7,323 posts)
9. If Trump had his way
Mon Oct 29, 2018, 06:23 PM
Oct 2018

He wants libel laws changed. Of course he's too ignorant to know that he would be sued daily.

Corgigal

(9,291 posts)
12. He just playing WWE , worldwide edition.
Mon Oct 29, 2018, 07:37 PM
Oct 2018

One of the oldest male soap operas in the nation. He has the cape of the US flag. It's really a phony white guy thing, also the president.

canetoad

(17,190 posts)
13. I wonder the same
Mon Oct 29, 2018, 07:42 PM
Oct 2018

And hope he can be sued. What's to stop him from calling someone a paedophile or an arsonist or a murderer?

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