[jmstein7]

I'm pretty sure that, in such a suit, Franken would be considered a "media defendant", and the "New York Times Rule" would apply. Thus, constitutionally, I believe that O'Reilly would have to prove "actual malice" to prevail. I'm pretty sure that their little public spat would be ample evidence of malice per se.

[MattinNJ]

Agreed on all points.