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41 votes

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

Falsely accusing someone of sexual assault or rape can be defamation. Trump even counter claimed against Carroll because of her statement that he "raped" her. However, that suit was ...
Jen's user avatar
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25 votes

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

there is no conviction or anything else "supporting" that accusation The First Case How did the other court came to the conclusion "the jury had found he digitally penetrated her"...
ohwilleke's user avatar
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24 votes
Accepted

False written accusations not made public - is there law to cover this?

Defamation requires communication to a third-party I can say (or write) anything I want about a person directly to that person and, unless it is a threat, they have no recourse at all. I can call ...
Dale M's user avatar
  • 215k
23 votes

What is the smallest audience for a communication that has been deemed capable of defamation?

canada Damages for libel have been awarded based on publication to a single individual. The elements of defamation are (Grant v. Torstar Corp., 2009 SCC 61, para. 28): (1) that the impugned words ...
Jen's user avatar
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22 votes

Is it libel if a company lies about being the first to achieve something?

Typical in any of the several united-states No, this fails to meet two of the core elements of libel. The statement must be Adverse (fails) Stated by one party To a second party About a third party (...
Harper - Reinstate Monica's user avatar
21 votes

Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?

The purpose of that disclaimer is not to prevent reprimands or legal action. It's really as simple as it appears -- it's to inform the readers that the tweets in fact contain the opinion of the person ...
David Schwartz's user avatar
19 votes
Accepted

Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?

That's the danger of doing legal research on the internet. That Forbes article quotes several different attorneys, and they all make the point of saying that those disclaimers are meaningless copy/...
BlueDogRanch's user avatar
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16 votes

False written accusations not made public - is there law to cover this?

Dale M's answer pretty much covers it, but it sounds like this is a case of misunderstanding by the former employee rather than an actionable accusation. The way you have edited the documents will ...
ItWasLikeThatWhenIGotHere's user avatar
15 votes

Sue newspaper or the reporter for libel?

English Law answer: Both the newspaper that published and the individual who wrote the defamatory statement may be sued for defamation. You may choose to sue one or sue both as co-defendants. The ...
Shazamo Morebucks's user avatar
14 votes
Accepted

What is Reckless disregard for the Truth?

The fuller statement is reckless disregard for the truth or falsity of the statement. The reckless disregard for truth element in defamation claims requires a plaintiff to show that the defendant had ...
ohwilleke's user avatar
  • 224k
13 votes

Is it libel if a company lies about being the first to achieve something?

canada In contrast to Trish's answer (I don't know what jurisdiction that applies in), the law in Canada leaves open the possibility that the circumstance you describe could make out a successful ...
Jen's user avatar
  • 61.3k
12 votes

Is publishing defamatory statements from an "anonymous source" protected?

canada Reporting that is based on an anonymous or confidential source has no special protections. The statement may still be defamatory, and the publisher of the reporting would have the standard ...
Jen's user avatar
  • 61.3k
10 votes
Accepted

Is it libel if you claim someone said something that they actually didn't?

The word for a false statement of fact that is used most often is a "misrepresentation" or "false representation of fact" or more generally, an inaccurate quotation. A statement is ...
ohwilleke's user avatar
  • 224k
10 votes

What is the smallest audience for a communication that has been deemed capable of defamation?

1 australia To be defamatory, the material has to be published (communicated by any means, including written, orally, pictorially) to at least one person other than the person making the claim. Arts ...
Dale M's user avatar
  • 215k
8 votes
Accepted

Posting Sex Offender Information Online

You can always be sued, but truth is an absolute defense to libel. Your actions could be perceived in any way imaginable. What usually matters for legal purposes is how a "reasonable person" would ...
feetwet's user avatar
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8 votes
Accepted

Is there a law that requires allegiance or respect to the Office of the President of the United States?

The US developed from an earlier kingdom, and the First Amendment enshrines the main issue that led to our departure from that kingdom. The underlying political premise has been that disagreement is ...
user6726's user avatar
  • 215k
8 votes

Is it libel if you claim someone said something that they actually didn't?

In UK law, there are two forms of 'defamation*'; libel and slander. It's only libel if it's defamatory, untrue and likely to last as a permanent record. Many people assume that it's libel if written ...
Tetsujin's user avatar
  • 325
8 votes

Is it potentially against the law to publicize libel/slander that someone else made?

canada See Grant v. Torstar Corp., 2009 SCC 61 at para 119: [119] The “repetition rule” holds that repeating a libel has the same legal consequences as originating it. This rule reflects the law’s ...
Jen's user avatar
  • 61.3k
7 votes

Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?

No, it doesn't protect the employee from reprimand or legal action, however, it does give the employer a stronger defence to legal action. The employee is stating that they are "on a frolic of their ...
Dale M's user avatar
  • 215k
7 votes
Accepted

Is "republication" a defense against libel?

No, the truth of the statement is the defense. It is true that The New York Times reported that A did X, even if it is false that A did X. Your claim is about the NYT, not about A. If you just repeat ...
user6726's user avatar
  • 215k
7 votes
Accepted

I'm being defamed on Facebook. Do I have a legal case?

So Maryland is a Defimation Per Se state, and lists accusations of moral turpitude, criminal conduct, or fraud. I would say on the second statement about offering support ot Hamas and/or Hezbollah, ...
hszmv's user avatar
  • 23k
7 votes
Accepted

Rudy Giuliani sued, why ask for $1.3b?

You claim for the damage you suffered If you owe me $130 for unpaid wages, I sue for $130. If you wrote off my $130,000 car I sue for $130,000. If you burnt down my $130 million building, I sue for $...
Dale M's user avatar
  • 215k
7 votes

Is it libel if a company lies about being the first to achieve something?

No in the united-states Libel is written defamation, its sibling is slander. That is not simply stating something wrong, libel is stating something that is disparaging a different person in the eye of ...
Trish's user avatar
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6 votes
Accepted

Libel and the presidency

It probably would not be, since Trump is a public figure. The ostensibly libeling party would have to act with "actual malice", with "knowledge that the information was false" or that it was published ...
user6726's user avatar
  • 215k
6 votes
Accepted

Is it illegal for public figures to knowingly state a falsehood?

tl;dr No, N.Y. Times v. Sullivan established the actual malice standard in the context of defamation. It is not illegal for a public figure to claim the sun revolves around the Earth unless some ...
Pat W.'s user avatar
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6 votes
Accepted

How can libel laws be consistent with the 1st Amendment?

There's an interesting philosophical debate you can have. By the plain text of the First Amendment, it protects libel. Aside: Yes, the First Amendment does apply to libel cases. A libel case, like ...
cpast's user avatar
  • 24.2k
6 votes

Sue newspaper or the reporter for libel?

If you sued the reporter alone, and he has any insurance, the insurance company will certainly force the newspaper to sit at the defense table as a co-defendant. The newspaper has deeper pockets and ...
Harper - Reinstate Monica's user avatar
6 votes

What to expect when getting sued from abroad for libel?

Can the subject actually sue me in England, or is it possible to sue only in the EU country I posted the article from, or in the US where the article is actually hosted? Yes. If the online ...
Dale M's user avatar
  • 215k
6 votes

Is it ever illegal to spread true facts with malicious intent?

united-states except as otherwise stated. Is it ever illegal to spread true facts with malicious intent? This is not a comprehensive answer, but illustrates some examples and counterexamples. ...
ohwilleke's user avatar
  • 224k

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