Subject: I did not really want to get into a libel discussion...
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Posted on: 2015-05-06 23:50:00 UTC

First I actually would not be offended. Words do not offend me, I cannot conceive a situation where I would be actually offended. There are multiple forms of liable. There is libel against private persons, which as a rule is easier to prove. Though the trend in the past 15-20 years has also made that more difficult to prove. Then there is public figures or public controversies which is Sullivan v. Time which do require actual malice are virtually impossible to prove. The recent trend has extended this to private parties. Especially if the Media is one of the parties. If the Media is involved it is virtually impossible to recover for defamation. Defamation itself is a very complicated issue that includes exceptions to exceptions and so on. I do concede that if it a defamation suit between to private individuals the odds of recovery are much greater. But here is the main way it works. Sullivan's Actual Malice standard only must apply to public individuals, but subsequent trends have indicated that without malice it can get difficult to prove damages. Further Defamation itself is an intentional tort. That means that it requires intent to defame. In order to prove the cause of action there must be a materially false statement of fact made about the party seeking to recover. Even under the basic definition of Defamation, there are massive exceptions. For example: opinions will not be defamation (see virtually every case involving tabloids, there is a reason most suits against tabloids occur in the UK, much easier to prove their equivalent cause of action), further, truth is also an absolute defense. And if the defendant can prove there was no intent to cause harm, most courts will also dismiss. In the US there are dozens of Supreme Court decisions that support virtually every possible interpretation. There is a reason most lawyers in the US get paid very well. The majority trend that I have seen looking through the Court's precedents since Sullivan is that it is very hard to succeed on a defamation claim unless the plaintiff can prove either actual malice or willful disregard of the truth of the fact asserted. It seems that the exceptions in this case have swallowed the rule. That is the trend that I have seen in recent years. Though that does not take into account that there are 50 different States that are allowed some degree of wiggle room on what Defamation is and how to prove it.

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