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Ocelot II

(131,110 posts)
4. No.
Sun Jan 2, 2022, 01:40 PM
Jan 2022

First of all, it's political speech, which is protected under the First Amendment even if it's bullshit. Second, being called a Communist doesn't fall into one of the four categories of defamation per se (commission of a crime; having a "loathsome disease"; unchastity, or professional misconduct) and therefore requires proof of actual damages. Third, group libel claims also require proof of individual damages. So if Empty Green says all Democrats are Communists, and I am a Democrat, has she defamed me, personally? Nope - just apart from the fact that it's so 1950s to call people Communists, which barely even exist any more. Leaving First Amendment issues aside, I have not been personally harmed such that I could go into court and prove compensable financial or reputational injury.

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