“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.