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To: dirtboy

Sorry dirtboy...I will concede that Palin is a public figure as defined by recent SCOTUS rulings, however, you may want to refresh yourself on the definition of:

libel 1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact, and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for “general damages” for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called “special damages.” “Libel per se” involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages. Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages. Most states provide for a party defamed by a periodical to demand a published retraction. If the correction is made, then there is no right to file a lawsuit. Governmental bodies are supposedly immune for actions for libel on the basis that there could be no intent by a non-personal entity, and further, public records are exempt from claims of libel. However, there is at least one known case in which there was a financial settlement as well as a published correction when a state government newsletter incorrectly stated that a dentist had been disciplined for illegal conduct. The rules covering libel against a “public figure” (particularly a political or governmental person) are special, based on U. S. Supreme Court decisions. The key is that to uphold the right to express opinions or fair comment on public figures, the libel must be malicious to constitute grounds for a lawsuit for damages. Minor errors in reporting are not libel, such as saying Mrs. Jones was 55 when she was only 48, or getting an address or title incorrect. 2) v. to broadcast or publish a written defamatory statement.

As stated by other posters, lawsuits have been successfully pressed against entities by “public figures”.


216 posted on 09/14/2011 6:49:04 AM PDT by offduty (Joe Biden is still looking for the video tape of FDR's address to the nation.)
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To: offduty
Seriously, do you HONESTLY think Palin can successfully pursue a lawsuit here? She is as high-profile a public figure as they come, and she is a former office holder whose current high-profile is a direct result of her run for the vice-presidency.

There is no way she could successfully sue here. McGinnis knows that and can attack her with impunity. I expect that crap from a hack like him, but anyone on FR who gives these allegations the least bit of credence is a big-time troll.

225 posted on 09/14/2011 6:58:40 AM PDT by dirtboy
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To: offduty

Whether or not a lawsuit by Sarah would be able to proceed depends on whether or not her suit could survive a summary judgment hearing. This decision would be made my one judge.

If that judge was a lefty, good bye lawsuit. Yes, she could appeal, but that could take years and tens of thousands of dollars out of Sarah’s pocket. Meanwhile, McGinnis has spent all his money or hidden it. Sarah is too smart to file such a lawsuit as all it would serve to do is keep the entire subject on the front page and sell some books for Mr. McGinnis.


282 posted on 09/14/2011 7:48:14 AM PDT by Cen-Tejas (it's the debt bomb stupid!)
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