Condemned as “Not a Real Person” By Rush Limbaugh, a Small Businesswoman Speaks Out

[CoffeeCat]

53. I remember the elements of libel...

The elements of libel are:

Publication
Identification
Defamation and
Falsity

I think she has ALL of these elements and could have a pretty successful libel case. Clearly
Limbaugh engaged in PUBLICATION when he said these disparaging things about Scarebaby
over the airwaves. IDENTIFICATION--could be proven if Scarebaby was identified and is
identified that way through her business. DEFAMATION is clearly met--as calling someone
a fraud and a liar meets the criteria. FALSITY--Oh boy, this is a slam dunk. What Rush
said was false.

The clincher here will be proving that by defaming "Scarebaby" she was harmed in measurable
ways--lost income, lost business, loss of reputation. I would advise Scarebaby to document
all of the negative tripe that is being said about her on the Internet. PRINT IT ALL OFF! Also,
if you are getting hate email through your business--PRINT OFF ALL OF THAT AS WELL!

Scarebaby is not a public figure. Public figures (in libel suits) must meet a higher legal
standard to win a libel suit. They must prove FAULT. They must prove that the person
KNEW the statements were false, but publicized them anyway. Scarebaby would not
have to meet this higher threshold (she only has to prove that the statements are false)
because she is NOT a public figure. Being employed or having a website alone does not
make someone a public figure.

Good luck. I'd find an attorney if I were you, just to explore your options. You never know, this
could impact your business in the future--so you may want to seek legal counsel now while
this incident (and the facts) are fresh in your mind.