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View Diary: Daily Caller sticks with Menendez claims; ABC News discredits them (62 comments)

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  •  It depends on whether or not the plaintiff (1+ / 0-)
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    hrvatska

    is a "public figure". If he is (and Menendez, as a US Senator, definitely is) then in order to win a defamation (libel or slander) suit against anyone (press or not), he has to demonstrate clear and convincing evidence of actual malice. "Actual malice" is a specific legal term meaning that the defendant must either have known that his statements were false or have acted with reckless disregard of the truth/falsity of his statements.

    That standard is generally considered a near-insurmountable legal challenge; you pretty much need to produce a smoking-gun memo in order to prevail. Also remember that the moment you sue anyone for defamation, you open yourself up to discovery. Thus defamation suits by public figures are very rare and in almost all cases any competent lawyer would advise against pursuing one.

    Writing in all lower-case letters should be a capital offense

    by ebohlman on Wed Mar 06, 2013 at 10:41:54 AM PST

    [ Parent ]

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