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Message
An estate cannot sue for slander or libel about a deceased person
Posted on 9/16/25 at 12:57 pm
Posted on 9/16/25 at 12:57 pm
I asked Grok
How else can Erika go after these people for lying about Charlie?
TPUSA would have a tough battle too
quote:
Here’s the breakdown:
General Rule (U.S. law): Defamation (slander/libel) is considered a personal tort—meaning it’s tied to harm done to a living person’s reputation. Once a person dies, their reputation is no longer legally protected in most U.S. jurisdictions. That means the estate of a deceased person usually cannot bring a new defamation claim on their behalf.
Survival Statutes: Some states have "survival statutes" that let certain lawsuits continue after someone’s death, but these typically cover financial or physical injury claims (e.g., personal injury, contract disputes). Defamation claims almost always do not survive death. If the deceased had already filed a defamation lawsuit while alive, the estate may sometimes continue that existing case—but only in limited jurisdictions.
Exception (Damage to the Estate/Heirs): If defamatory statements target the heirs or the estate directly—for example, accusing the executor of fraud, or making statements that cause measurable financial harm to the estate—then the estate might have a claim, but that would usually be under other tort or business-related causes of action, not defamation of the deceased.
International Context: Some countries (e.g., parts of Europe, Japan) do allow lawsuits over defamation of the dead, especially if it harms the dignity of surviving relatives. The rules vary a lot outside the U.S.
So, in the U.S., the short answer is: No, an estate cannot sue for slander or libel about a deceased person, unless the deceased had already filed suit while alive or unless the statements harm the estate itself in a concrete way.
How else can Erika go after these people for lying about Charlie?
TPUSA would have a tough battle too
quote:
Yes — but with some caveats.
Organizations Can Sue: Turning Point USA is a nonprofit organization, and organizations (including companies, unions, nonprofits, etc.) are recognized as “legal persons.” That means they can sue for defamation (libel or slander) if false statements are made that harm their reputation and cause demonstrable damages.
Public Figure Status: Turning Point USA is widely known, very politically active, and frequently in the media. Courts almost certainly treat it as a public figure (or at least a “limited-purpose public figure”). That raises the legal bar:
To win a defamation claim, TPUSA would need to prove “actual malice”—that the false statement was made either knowing it was false or with reckless disregard for the truth.
That’s a much higher standard than for private individuals or small organizations.
What They Can’t Sue Over:
Pure opinions (“I think TPUSA is shady”) aren’t actionable.
Political criticism or satire is generally protected.
Only provably false statements of fact that cause harm could be the basis of a lawsuit.
Practical Considerations: Even if they can sue, organizations often avoid filing defamation cases because:
Discovery could open them up to scrutiny of internal records.
It risks amplifying the allegedly defamatory statement (“the Streisand effect”).
So, Turning Point USA can sue for slander/libel if someone makes false factual claims that damage the organization, but as a public figure, proving actual malice is difficult.
Posted on 9/16/25 at 12:58 pm to stout
If they can prove financial damages to the estate then there is a case. In the right court that likely would be possible
Posted on 9/16/25 at 2:28 pm to stout
quote:
How else can Erika go after these people for lying about Charlie?
If I recall correctly, there is some precedent for survivors (in this case widow and kids..) suing for emotional distress and/or harm (something along those lines) due to the vitriolic responses in a public setting...
Posted on 9/16/25 at 3:21 pm to TFH
They’ll have a hard time proving damages if the sale of Kirk’s merchandise has increased, which I’m guessing it has. A good lawyer would have
“frozen “ the assets of the company in the wake of the killing, allowing for a devaluation. If Kirk has licensed merch, any other person selling Kirk’s image for profit is liable to be sued, if the holder wants to, and they should if there is a an actual or pending trademark. An active defense is definitely proactive.
So we don’t know if the wife immediately takes control. If there’s a board of directors…I can imagine a scrum over the control. She’s going to be riding a wave of sympathy, but that’s a weak long term plan. There are plenty of tragedies to compete for that dollar.
“frozen “ the assets of the company in the wake of the killing, allowing for a devaluation. If Kirk has licensed merch, any other person selling Kirk’s image for profit is liable to be sued, if the holder wants to, and they should if there is a an actual or pending trademark. An active defense is definitely proactive.
So we don’t know if the wife immediately takes control. If there’s a board of directors…I can imagine a scrum over the control. She’s going to be riding a wave of sympathy, but that’s a weak long term plan. There are plenty of tragedies to compete for that dollar.
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