No. I hope the weather is nice in Florida, wherever you are. Is calling somebody a 'prostitute' (i.e., accusing them of criminal behavior) still per se defamation in Florida?
Both 'slut' and 'prostitute' are per se defamation in some states. As to the word 'slut,' you could start with Smith v. Stewart, 660 SE 2d 822, 831-832 (Ga. Ct. App. 2008). I sent you to pages 831-832 because that's where the court cites Smith v. Atkins, 622 So.2d 795, 800 (La. Ct. App.1993) and Bryson v. News America Publications, 672 N.E.2d 1207, 1217(I) (1996), "per se" defamation 'slut' cases from other jurisdictions which the Georgia Court of Appeals cites favorably on its way to holding that 'slut' is per se defamatory in Georgia. "Slut" may no longer be defamatory in Louisiana and Illinois, but the court would have to go against precedent there. "Prostitute" is more problematic, because that's not only sexually degrading, that's an accusation of criminal behavior. A bigger ding on the 'per se' meter, no?
First of all the defendant in a suit bears no “burden of proof” - the burden falls on the accuser.
You are absolutely right. I took a shortcut. Assume a per se defamation state, in which once you prove Limbaugh called you a 'slut' or a 'prostitute', and that it was heard by a third party, damages are assumed (because its per se defamation, that's the rule), so now it turns to Limbaugh.
And that point, Limbaugh has the burden of proof of an affirmative defense. Truth? (Showing by a preponderance of the evidence that she is a prostitute or is promiscuous, as I said). Or limited public figure? The progeny of Times v. Sullivan, as I said.
If there's no per se rule in Florida, then I don't think Fluke would choose Florida as the place she would file suit, right?
“I don’t know where you get your information. Obviously not Florida law.
No. I hope the weather is nice in Florida, wherever you are. Is calling somebody a ‘prostitute’ (i.e., accusing them of criminal behavior) still per se defamation in Florida?
Both ‘slut’ and ‘prostitute’ are per se defamation in some states. As to the word ‘slut,’ you could start with Smith v. Stewart, 660 SE 2d 822, 831-832 (Ga. Ct. App. 2008). I sent you to pages 831-832 bec-”
Last first.
Rush lives in Fl and the action occurred there. She would have to file there, and in his home venue.
You appear to have gotten confused by “burden of going forward”.
The case would be DOA by virtue of damages - a required element. How was she damaged? If anything she benefitted.
Is she going to seek $1 plus costs?
Rush gives her $1 and the judge denies costs - case closed.
Or 50 million punitive damages? That requires the act be a crime - the state got rid of its defaming chastity law.
If she asked for big damages Rush would file a motion to dismiss and probably get it.
Defamation is only actionable if it results in harm, loss or damages - otherwise it’s mere free speech.
All that happened to Fluk is that she became Pumpkin Queen of the Loony Left.