EvilCat Breath
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- Sep 23, 2016
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You are almost correct. Since the accusations are slander per se (child molestation )he does not have to prove malice.Why Don't Politicians Sue for Defamation?If Moore did sue his accusers he would very likely win. Yes, the burden would be on him to prove that he was harmed by the defamatory statements but the standard of proof is slight. It's merely "more likely than not". In the ordinary course of defamatory lawsuits Moore might be barred as a public figure from even bringing the lawsuit in the first place, but, the nature of the statements (child molesting, sexual assault) bumps this up into slander per se and lible per se putting their delicate little middle aged asses right in the courtroom.
One of the most helpful complaints (to him) is that most of these corroborating statements would have to be named and testify. A mall security guard who said "I was instructed to remove Roy Moore from the Gadsen Mall" would have to be named and questioned under oath. Or, the statement itself excluded. All those friends who said "Yes, Sally Mae told me at the time that Roy played with her titties" would have to be identified and questioned under oath with appropriate tests at the details of memory. One by one, the witnesses and hearsay statements would be excluded until the whole shell came down.
This is what brought Dan Rather down. He had a person, a real person, that verified the truth of the statements contained in the fabricated report. When push came to shove, the person refused to be questioned and said he was having nothing more to do with the entire matter.
a plaintiff must establish facts proving by a preponderance of the evidence that (1) the defendant published a false statement regarding the plaintiff—that is, the defendant communicated the statement concerning the plaintiff to a third party; (2) the statement could damage the plaintiff’s reputation in the community; and (3) the statement caused economic loss or other damage.
In a defamation case, a court will categorize a plaintiff as either a general public figure, a limited public figure, or a private citizen. To prove defamation, an ordinary person must prove that the defendant made the false statement, at least, negligently. However, if the court concludes that a plaintiff is either a limited or general public figure, the plaintiff must prove “clearly and convincingly” that the alleged defamatory statement was made with ‘actual malice’—that is, with knowledge that it was false or with reckless disregard of whether it was false or not. A person may be deemed a general public figure where there is evidence of general fame or notoriety in the community, and pervasive involvement in the affairs of society. Politicians generally fall into the category of public figures.
Moore is a public figure- he would need to establish that what was said was:
a) false and
b) made with actual malice
I look forward to Moore going through with the law suits he said he would be filing.
The Daily Mail published articles accusing Malania Trump of being an escort. Since the slander was per se, she did not have to prove actual malice.
All that said, no I do not think that he will sue anyone. These women don't have a pot to piss in. Gloria Allred will do what she always does, run and hide while blaming her client. Leftist lawyers would pick up the defense pro bono and paper Moore into bankruptcy.