For those still mulling ABC's settlement of the Trump defamation suit ... [View all]

[ificandream]

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 ...