3 ms·
IANAL, but I don't believe that a smear campaign against her would be illegal in the US. I mean, she's arguably a public figure, so a libel case wouldn't stand.
by mirimir 7y ago
IANAL, but I don't believe that a smear campaign against her would be illegal in the US. I mean, she's arguably a public figure, so a libel case wouldn't stand.
Indeed, it would have been a better article if she had focused on how common this stuff is. And just used her own experience as the lead.
- pergadad 7y agoA company preparing a 20 point action plan on how to discredit someone doesn't seem normal or legal (if implemented) to me.
- dragonwriter 7y ago> I mean, she's arguably a public figure, so a libel case wouldn't stand. No, it would just require evidence of actual malice: that is, knowledge of falsity or reckless disregard for the truth.
- mirimir 7y agoIs that true in the US? I thought that the bar was pretty high for public figures. I mean, consider what people say in political campaigns. Lies and malice (i.e., prevent their election) are common.
- dragonwriter 7y ago> Is that true in the US? I thought that the bar was pretty high for public figures. “Actual malice” is a much higher bar than is generally in place for libel, but it is not an insurmountable bar. > I mean, consider what people say in political campaigns. Litigation over political campaign statements for defamation is fruitless for reasons aside from the legal standard to win a judgement; it takes to long to get a final verdict, but more importantly the litigation itself keeps whatever damaging claim you are trying to suppress at the center of the news, doing your opponents work for them.
- mirimir 7y agoThanks. So she (and others, similarly targeted) might at least get ~decent settlements. I guess that I was thinking about this in the context of SLAPP suits and assassinations (e.g., Karen Silkwood).