There are good reasons under our Constitution and media laws why it’s almost impossible for a current or former public official to win a defamation suit. The Founders wanted robust and even unfettered debate in their new country’s political arena.
To win a defamation suit against a media outlet, the plaintiff must prove ALL of the following.
- That the media outlet lied
- That the media outlet knew it lied
- That the media outlet lied with premeditation
- That the media outlet lied for the express purpose of damaging plaintiff
- That the plaintiff was in fact damaged by the lie
- That the media outlet failed to issue a timely retraction and correction when it became aware it had disseminated false information
That’s almost impossible to check all of those boxes. Keep in mind, a plaintiff has to prove all of that.
I’m thinking the folks at Fox may be getting nervous.