Hate do disapoint y’all, but it’s just about impossible to win a slander lawsuit. You have to prove beyond a reasonable doubt that it isn’t true, the author knew it wasn’t true (how do you prove what someone beleived?), and as motivated by malice. That’s a tall order. Remember Kitty Kelly alleging Nancy Reagan was having affairs?
Even if she doesn’t sue McGinnis and Random House, just showing everyone what complete and utter liars they all are is good enough for me. Exposing them is just as good as winning any lawsuit against them
A lot of these clowns like MCGINNIS have such big egos that they say on the internet what they believe.Case closed.
...but it’s a whole lot easier to force a settlement, especially when McGinnis’ own emails clear half the burden out of the gate and when as a defendent you need to stop the bad publicity asap.....
If the smear is written, not verbal, it's libel, not slander. And while it helps to be able to prove that the allegation is false and motivated by malice, reckless disregard of the truth also qualifies, even if the complainant is famous. Not that I think it will be hard to come up with the "malice" part, especially with the e-mail trails that have started appearing.
Even if there is some state that has a BARD as the standard for a civil case, she'll be able to sue him in one that doesn't.
Have you looked at the letter on Breitbart?
The dude knew it wasn’t true.
For the record, SLANDER is spoken/oral falsehoods; LIBEL is a written falsehood.
First, it would be a libel rather than a slander suit. Second, the standard required in a civil suit for defamation is “clear and convincing” proof rather than the criminal standard of proof of “beyond a reasonable doubt.” Finally, under New York Times v. Sullivan (SCt, 1964), proving malice against a public official can be either knowledge that the statement was false, OR reckless disregard as to its truth or falsity. In light of the facts thus far made evident, it would appear that the Palins would have a good chance of prevailing against McGinniss under the latter definition of malice.