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ificandream

(11,244 posts)
Mon Dec 16, 2024, 03:09 PM Dec 2024

For those still mulling ABC's settlement of the Trump defamation suit ...

Something I posted in another thread that should be repeated for information's sake:

The standards for libel suits by public figures are different than for private individuals.
From https://www.minclaw.com/public-figure-defamation/:

To win a defamation lawsuit, all plaintiffs must prove the defendant made a false statement of fact that was communicated to a third party and caused harm to their reputation. However, the standards diverge from there.

(snip)
Public Figures: Standard of fault - Must prove defendant acted with "actual malice"
Definition of Fault Standard: Actual malice = knowledge of falsity or reckless disregard for the truth
Rationale for Differing Standards: protects free speech about public affairs and public officials.

Private individuals: Standard of fault - Must prove defendant was at least negligent
Definition of Fault Standard - Negligence = failure to exercise reasonable care
Rationale for Differing Standards - recognizes private individuals deserve more reputational protection


So did ABC think Stephanopolous acted with "actual malice"? Or did they think that the definition of rape didn't apply to what Trump was convicted of? Or why did ABC feel Trump, a public individual, deserved any reputational protection given his history? And would they have done this if Trump hadn't been re-elected?

Good questions ...

4 replies = new reply since forum marked as read
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For those still mulling ABC's settlement of the Trump defamation suit ... (Original Post) ificandream Dec 2024 OP
Just one magat EarthAbides Dec 2024 #1
Its a ridiculous bribe, nothing more ScratchCat Dec 2024 #2
ABC fears Donald Trump gab13by13 Dec 2024 #3
There's an article out there saying that Discovery would have exposed internal documents and UTUSN Dec 2024 #4

EarthAbides

(325 posts)
1. Just one magat
Mon Dec 16, 2024, 03:17 PM
Dec 2024

All decency and morality is collapsing all around us, all because of one magat...

ScratchCat

(2,657 posts)
2. Its a ridiculous bribe, nothing more
Mon Dec 16, 2024, 03:20 PM
Dec 2024

The only reason this wasn't dismissed is because Trump appointed the judge. That a public figure with a known history of sexual misconduct could get an actual trial over a factual statement is ludicrous.

UTUSN

(74,807 posts)
4. There's an article out there saying that Discovery would have exposed internal documents and
Mon Dec 16, 2024, 04:01 PM
Dec 2024

emails, such that better to put it behind?

Well, despite that George has justifiable arguments, he's the put-behind casualty - and another notch for Drumpf. Despite that wingnuts have put the sticker label of "Lib" on him with accusations of bias, he's always seemed down-the-middle. Tabloids have been ragging that there's been a power struggle going on between him and MUIR with MUIR having the upper hand, my peanuts gallery opinion is that he's in the spot that BLITZER and Judy WOODRUFF were in during the CLINTON years, where the wingnuts called it the Clinton-News-Network - unfairly I say - where those poor souls had the beaten down look I dubbed as "Tired Liberals" from the relentless beat-down.




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