Posted on 12/03/2011 11:09:15 AM PST by CaroleL
“This is less about suing for damages, than it is about public opinion. Your last point about intent is correct: Cain only needs to prove it false.”
Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with “actual malice”.
-http://www.expertlaw.com/library/personal_injury/defamation.html#3
I got it. All I am saying is that he doesn’t have to win (prove) his case. It’s appearance.
In the meantime, the army of private investigators (like myself), will seek to prove she did it for malice (which of course, she did). I’d take this case pro bono in a nanosecond.
You made the argument that he gave her money for a period of 13 years, not just a few times. As I recall, even she says it wasn’t for 13 years. It does matter. If she was in dire financial straights and she turned to a friend that’s one thing. 13 years is a different story. There’s still absolutely no proof that the affair happened. We have someone who was convicted of libel, according to family & friends is a compulsive liar (they learn to be very, very good at it), and was stalking her ex business partner. So pardon me if I require more proof of the 13 years. If he helped her because he was a friend then what she’s done is absolutely evil. I know he said he gave her money. That’s not what I’m talking about. She said (but again who can believe her) she had a 13 year affair with him but her only proof is a few MONTHS of emails. No gifts, no cards, no proof. My husband knows plenty of people I don’t know. The chip making industry tends to be small and he’s worked with some people at various jobs. He’s called me up a couple of times and told me he was helping Miss So-and-so move because she doesn’t have anyone else when I’ve never heard the name before. The man has a heart of gold and I absolutely trust him.
Gloria Cain said she would NEVER stand with him if any of these charges are true or if she even THOUGHT they were true. Neither would Dr. Alveda King. Perhaps we’ve become so jaded that we aren’t accustomed to a truly general person.
Cindie
“I got it. All I am saying is that he doesnt have to win (prove) his case. Its appearance.”
It’s more than appearance. He also has to have the fortitude to remain in the race — he couldn’t just ride his proponents’ fortitude. Your premice is incorrect. I say this not to lash at you — I say this to make it obvious that it’s time to LET IT GO. Cain is not on the menu. You could never have “wished him” into the presidency.
However, I am sure that Mr. Cain will soon release the text messages and the financial transaction records which would detail the payments to Ms. White.
Cain’s a public figure. The court would probably require an intent / actual malice element.
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