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Poli board attorneys, question about defamation/slander law.

Posted on 2/2/17 at 1:43 pm
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29414 posts
Posted on 2/2/17 at 1:43 pm
I read earlier about that c_nt Pelosi calling Bannon a white supremacist a couple of times during a press conference.

Can he sue her for defamation/slander and would he have a good case?

I would love to see this happen.
Posted by DownSouthJukin
Coaching Changes Board
Member since Jan 2014
27200 posts
Posted on 2/2/17 at 1:45 pm to
Generally, and if I remember correctly, since he is a public figure, he has to prove that the lie was put forth with actual malice and has to prove damages.
This post was edited on 2/2/17 at 1:46 pm
Posted by CoachChappy
Member since May 2013
32515 posts
Posted on 2/2/17 at 1:45 pm to
Wouldn't he have to prove damages? Serious question, I am equally ignorant.
Posted by mtntiger
Asheville, NC
Member since Oct 2003
26615 posts
Posted on 2/2/17 at 1:46 pm to
I keep hearing this repeatedly by libs, and I have no idea where it comes from.
Posted by LSUtoTulaneLaw
New Orleans
Member since Sep 2014
397 posts
Posted on 2/2/17 at 1:48 pm to
A defamatory statement is presumed to be false, unless the defendant can prove its truth. So, she'd have to prove that it was true. Then, to collect compensatory damages, a public official or public figure must prove actual malice, so he'd have to show that she was doing it just to destroy his reputation. A private individual must only prove negligence (not exercising due care) to collect compensatory damages. In order to collect punitive damages, all individuals must prove actual malice. His case is weird because he's obviously a private citizen, but idk how being in the WH without being elected affects his "public" position.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 2/2/17 at 1:49 pm to
He qualifies as a public figure.

If the accusation qualifies as a defamation of his professional/business reputation he does not have to prove damages. One of four exceptions to proving damages.
This post was edited on 2/2/17 at 1:52 pm
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29414 posts
Posted on 2/2/17 at 2:08 pm to
quote:

A defamatory statement is presumed to be false, unless the defendant can prove its truth. So, she'd have to prove that it was true. Then, to collect compensatory damages, a public official or public figure must prove actual malice, so he'd have to show that she was doing it just to destroy his reputation. A private individual must only prove negligence (not exercising due care) to collect compensatory damages. In order to collect punitive damages, all individuals must prove actual malice. His case is weird because he's obviously a private citizen, but idk how being in the WH without being elected affects his "public" position.
So, if Bannon came to you, would you take the case or tell him it doesn't have merit?
Posted by Fun Bunch
New Orleans
Member since May 2008
115517 posts
Posted on 2/2/17 at 2:10 pm to
quote:

Can he sue her for defamation/slander and would he have a good case?


He'd have a good case IMO, at least to get over Summary Judgment and put the screws to her a bit.

The PROBLEM is he would have to do extensive Discovery, and that would drag he, his associates, and maybe even Trump into depositions and the like.

That isn't happening.
Posted by YStar
Member since Mar 2013
15178 posts
Posted on 2/2/17 at 2:19 pm to
How is it defamation if it has truth?

He wouldn't dare sue because he would lose and embarrass himself and the President when they slaughter him in discovery.
This post was edited on 2/2/17 at 2:20 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
115517 posts
Posted on 2/2/17 at 2:20 pm to
quote:

How is it defamation if it has truth?



Back up your statement through actual, factual information.

We'll wait.
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29414 posts
Posted on 2/2/17 at 2:21 pm to
quote:

How is it defamation if it has truth? 
Bitch please.

What evidence do you have that Bannon is a white supremacist? Please enlighten us.
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 2/2/17 at 2:22 pm to
quote:

So, if Bannon came to you, would you take the case or tell him it doesn't have merit?

I'd laugh and ask him if he was joking
Posted by BBONDS25
Member since Mar 2008
48188 posts
Posted on 2/2/17 at 2:23 pm to
I believe the OP was looking for lawyers to answer.
Posted by Centinel
Idaho
Member since Sep 2016
43319 posts
Posted on 2/2/17 at 2:24 pm to
quote:

The PROBLEM is he would have to do extensive Discovery, and that would drag he, his associates, and maybe even Trump into depositions and the like.


lol yup. Oh lawd the things that get dragged out during Discovery. Really opened my eyes once I started getting involved with that stuff from the security/forensics side of the house.
Posted by Fun Bunch
New Orleans
Member since May 2008
115517 posts
Posted on 2/2/17 at 2:26 pm to
quote:

lol yup. Oh lawd the things that get dragged out during Discovery. Really opened my eyes once I started getting involved with that stuff from the security/forensics side of the house.



I love fricking with people in depos. It is one of life's few joys.
Posted by YStar
Member since Mar 2013
15178 posts
Posted on 2/2/17 at 2:28 pm to
Uh you mean beside the fact he presided over that nationalist hate filled site Breitbart??

Yeah yeah I know. They aren't racist! The only ones who are, are the ones that dare to diasagree with them!

I dont know why I bother. To those like you Stormfront isn't racist either. Heck wouldn't be surprised if many of you are long term members.
Posted by JuiceTerry
Roond the Scheme
Member since Apr 2013
40868 posts
Posted on 2/2/17 at 2:30 pm to
I quit law 25 years ago
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
34621 posts
Posted on 2/2/17 at 2:30 pm to
quote:

he has to prove that the lie was put forth with actual malice


It sure as hell wasn't put forth to make him look good.
Posted by Fun Bunch
New Orleans
Member since May 2008
115517 posts
Posted on 2/2/17 at 2:34 pm to
quote:

Uh you mean beside the fact he presided over that nationalist hate filled site Breitbart??


Still zero evidence that Bannon is a "white surpemacist".

Please provide, actual, objective evidence of such.

Your assertion that Breitbart is "hate filled" is a subjective assertion and provides no evidence.

Try again.

Don't worry, we'll wait.

Forever.
Posted by bhtigerfan
Baton Rouge
Member since Sep 2008
29414 posts
Posted on 2/2/17 at 2:45 pm to
quote:

YStar
quote:

Uh you mean beside the fact he presided over that nationalist hate filled site Breitbart?? 

Yeah yeah I know. They aren't racist! The only ones who are, are the ones that dare to diasagree with them! 

I dont know why I bother. To those like you Stormfront isn't racist either. Heck wouldn't be surprised if many of you are long term members.
Do you know the saying, "We're not laughing at you, we're laughing with you"?

Well this is not one of those instances. We're laughing at you.
This post was edited on 2/2/17 at 2:48 pm
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