General Discussion
In reply to the discussion: Biden Press Secretary Jen Psaki Called Out for 'Homophobic' Tweet Mocking Lindsey Graham as 'Lady G' [View all]Ms. Toad
(38,090 posts)You still need the content of the conversation - not the act of talking. If you need the acctual words used in order to prove your point, it is hearsay.
You still can't prove that he heard gay male sex workers he knew call Graham Lady G, without using the words he heard them say.
As to defamation, some things are not hearsay, by definition. Out of court statements made by a party (the defamatory statement), offered against that party (the defendant) fall in to a category of hearsay exclusions: things that would otherwise be hearsay, but we've decided to exclude them from the category. So you are correct as to the outcome (the defamatory statement is not hearsay) but your reasoning is wrong. But, unless the defendant in your hypothetical case is the sex worker, he is not a party, and his words are not being used against him, so the words he used don't fall into the exclusion that makes a defamatory statement not hearsay.