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To: eyeamok; Navy Patriot; txrefugee; Williams; BigEdLB; from occupied ga; canuck_conservative; ...

If an assertion was published that Melania was a prostitute and it is proven to be false, Trump has a good case regardless of malice or recklessness. In common tort law, the publisher who falsely asserts one is or was a prostitute is strictly liable regardless of whether the one accused is a public figure and regardless of malice on the part of the publisher. Normally a public figure is barred from recovery of defamation unless malice can be proved. But this is a strict liability case because it involves asserting female sexual misconduct. Melania, a public figure, has a winnable strict liability case against any media outlets making the assertion if the assertion is not true (except maybe overseas outlets that are under different defamation rules).


59 posted on 08/23/2016 9:10:24 AM PDT by Jim W N
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To: Jim 0216

:: published that Melania was a prostitute and it is proven to be false, Trump has a good case ::

No!
DJT does NOT have a case in any sort.

Melania has a defamation tort. She does not need her husband’s finances to bring the tort as she is a court recognized entity.
She is a businesswoman in her own right and can rightly bring that tort on her own effort and may win.
It all depends on court ordered exposure of evidence.


60 posted on 08/23/2016 9:39:25 AM PDT by Cletus.D.Yokel
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To: Jim 0216

Jim,

I don’t disagree that legal action can be taken, and the war of intent or word distortion or misunderstanding starts. What I’m saying is that the liberal media does this all the time trying to get something to stick with the voters uneducated capacity in how libs play the game. I’m sure you believe that if every action was sued, then the national enquirer or publications like it would be in the bread line or jail. You can be assured that an I was misinfomed statement from the accusers was put somewhere, probably where no one could find it, and the reporter was fired for about 10 minutes. It’s not about how you play the game, but winning as fast as possible. Remember, conservatives have opponents. Liberals have enemies. Love and war.......

red


63 posted on 08/23/2016 12:53:20 PM PDT by Redwood71
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