Wednesday, January 10, 2018

Libel Liability

   The president has repeatedly called for a loosening of libel laws in America so that those offended by news reports "can sue and collect lots of money," as he put it during the election campaign.
   He said it again today. "Current libel laws are a sham and a disgrace," Trump said, as he continued his attack on reports that, according to him, are "false and defamatory."
   News flash: There is no federal libel law. Each of the 50 states, and the District of Columbia, have their own sets of law regarding libel, which is defined as false and defamatory statements made with a reckless disregard for whether the information is true or not.
   Second news flash: If it's true, it's not libel.
   Third news flash: Public figures are not immune from criticism, and must endure comments that may well be false.
   With that in mind, consider the number of things Donald Trump has said about others that were false, defamatory, and spoken with malice. At last count, the Washington Post list of presidential lies and falsehoods he has made since taking office has crossed the 2,000 mark.
   So if anyone in America is guilty of fomenting libelous and defamatory statements, spoken with malice against others, it would be the current president of the United States.
   Moreover, in addition to 51 sets of libel laws and a lack of a federal libel law, there is the Constitutional First Amendment guarantee of free speech and a free press, which enables people and journalists to comment on and criticize actions and comments of others, especially public figures, without punishment.
   No figure is more public than the president of the United States.
   And as Harry Truman said, "If you can't take the heat, get out of the kitchen."

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