Wednesday, January 10, 2018

Trump: I’ll Take ‘Strong Look’ To Ensure Libel Laws Cover … Definition Of Libel – Talking Points Memo


The VSG says he is going to take a “strong look” at our libel laws which are, he says, a “sham”.

A few power point slides should do the trick.

A defamatory statement is one that is false and "injurious to the reputation of another" or exposes another person to "hatred, contempt or ridicule" or subjects another person to "a loss of the good will and confidence" in which he or she is held by others. 

Restatement (Second) of Torts §  559 (1977)


§  580B DEFAMATION OF PRIVATE PERSON

One who publishes a false and defamatory communication concerning a private person, or concerning a public official or public figure in relation to a purely private matter not affecting his conduct, fitness or role in his public capacity, is subject to liability, if, but only if, he
(a)  knows that the statement is false and that it defames the other,
(b)  acts in reckless disregard of these matters, or
(c)  acts negligently in failing to ascertain them.

§  580A DEFAMATION OF PUBLIC OFFICIAL OR PUBLIC FIGURE

 One who publishes a false and defamatory communication concerning a public official or public figure in regard to his conduct, fitness or role in that capacity is subject to liability, if, but only if, he
(a)  knows that the statement is false and that it defames the other person, or
(b)  acts in reckless disregard of these matters.

Trump: I’ll Take ‘Strong Look’ To Ensure Libel Laws Cover … Definition Of Libel – Talking Points Memo
by Esme Cribb

Trump made the tautological — if vaguely threatening — statement to reporters at a cabinet meeting.

“We are going to take a strong look at our country’s libel laws so that when somebody says something that is false and defamatory about someone, that person will have 
meaningful recourse in our courts,” he said.

Trump said he wants “fairness.”

“If somebody says something that’s totally false and knowingly false, that the person that has been abused, defamed, libeled, will have meaningful recourse,” he said. “Our current libel laws are a sham and a disgrace and do not represent American values or American fairness.”

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