She should sue him for defamation of character. You can disagree what she is saying but calling her dumb is defamation and assault. Donna, call up your lawyers… Anytime he personally attacks a media member or anyone, he should be sued.
She should sue him for defamation of character. You can disagree what she is saying but calling her dumb is defamation and assault. Donna, call up your lawyers… Anytime he personally attacks a media member or anyone, he should be sued.
It is not either in the US. Whether or not you believe someone is "dumb" is purely a matter of opinion. Crass insults are neither assault nor defamatory in any jurisdiction in the US.
AI is a bad thing to rely on for legal questions, friend. Do you know what the elements of defamation are in the US?
Not verbatim but I do understand if an insult causes a lost of income or causes personal distress, you have grounds to sue… How much did Rudy have to pay those poll workers?
No. Those aren't the elements of defamation. The very first element is that it must be a falsifiable statement of fact. That means it can be empirically shown to be false. Opinions and hyperbole are specifically excluded from this.
“if an insult causes a lost of income or causes personal distress, you have grounds to sue” You can sue for just about anything, but a successful defamation suit has to meet all the standards.
Insults aren't defamatory. False statements of fact are. Rudy made very clear and specific factual statements about the poll workers which could be demonstrated to be false. He didn't just "insult" them.
Trump sucks shit all day and night, but this doesn’t meet the standard for defamation. Precedent is weighted pretty heavily in favor of free speech.
Calling someone dumb is neither defamation or assault in literally any fashion.
It’s absolutely defamatory coming from the president of the United States! And, it’s slander.
Slander is defamation. Saying it is both defamation and slander is nonsensical.
Those are the same thing. And in order to be defamatory something would have to be a false statement purporting to be fact. How would she prove it false in court?
Also, damage to my well being. She could probably list the 100s of death threats she gets.
It has to have the falsity AND the damage.
Again. I am sure the element of damage won't be hard. She needs the element of falsity.
She is a very educated woman and is not dumb. His comments were slander defamatory and she has every right to sue him. Just like he has sued many who slandered his name.
I mean Rudy went to law school and I consider him dumb. So again, the burden will be on her to prove his statement factually false. How does she do it?
You are not a public figure that can destroy or distress Rudy. Unfortunately.
Public figure matters for the defendant only on damages. Anything else it matters for the plantiff and it hurts the plantiff. So again, do you have her evidence of factual falsity or a reason she wouldn't need it?
The president has a bully pulpit that reaches 100’s of millions of people. By his slander/defamation attacks, he has caused me irreversible damage to my reputation… Boom!! Trump has dozen of these law suites out there.
Reach isn't an element of defamation.
Not to mention calling for her to be fired!! That’s loss of income!! She should get herself a good lawyer and sue the crap out of him
You have a First Amendment right to call for anyone to be fired.
And you have the right to sue
You have a right to pay the fee and file a lawsuit, yes. But if the lawsuit is a SLAPP suit, ie you're suing over constitutionaly protected speech, then you could end up owing the person you sued a large sum of money.
Sure. And if you don't present prima facie evidence of all the elements of the tort you can be sanctioned or held to an Anti-Slapp law if you live somewhere with one.
Sorry guys, she had every right to sue Trump for calling her dumb asked for her firing at ABC
You are reeeeeallly into the element of damages. One of 4 elements for defamation. Do you have any evidence for the other 3? Because going in there with just damages is going to lead to her owing Trump money.
Not if she gets fired or gets death threats. I mean, how much did Rudy have to pay? How much did ABC have to pay to Trump? Judge even said he raped her! www.washingtonpost.com/politics/202...
Rudy defaulted. It isn't relevant to this case as these aren't precedential matters. What is the falsifiable statement of fact?
Rudy chose to default on his case. ABC settled after it was found that their specific statement could be proven false and wasn't covered by substantial truth doctrine. None of that is at play here. For a better example of how this case would go, see Clifford v Trump or Trump vs Clinton et all.
“By his slander/defamation attacks, he has caused me irreversible damage to my reputation” Defamation has to be a statement that could be proven true or false, so statements of opinion aren’t defamatory. Again, Trump fucking sucks, but that doesn’t make your understanding of the law correct.
Damage is an element of defamation but hardly the only one. If she cannot prove falsity amount other things she can have all the damage in the world and she loses .