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☆ On Donald Trump, E. Jean Carroll and the Limits of Libel Law - The New York Times
  + stars: | 2024-01-28 | by ( Ronnell Andersen Jones | ) www.nytimes.com   time to read: +1 min
In the days since a New York jury ordered Donald Trump to pay $83.3 million in damages to the libel plaintiff E. Jean Carroll, the question has been whether the dollar amount was high enough to put a stop to his lies. That we must ask this question tells us something important about the moment in which we find ourselves. And it tells us something important about both the value and the limits of libel law. As Ms. Carroll’s lawyers argued, Mr. Trump has bragged of wealth far exceeding this amount. But this “will he or won’t he?” speculation is only the latest data point in a larger, more alarming trend of libel damages simply not seeming to carry the deterrent effect that defamation law presupposes they will have.
Persons: Donald Trump, Jean Carroll, Trump, Carroll Organizations: Mr Locations: York
☆ Disney has a ‘strong case’ against DeSantis over his ‘retaliatory campaign,’ First Amendment experts say
  + stars: | 2023-04-27 | by ( Oliver Darcy | ) edition.cnn.com   time to read: +4 min
CNN —Disney just cast Ron DeSantis as the villain in a story of good versus evil. DeSantis responded to the lawsuit by issuing a statement through his communications director, Taryn Fenske. “It’s a serious First Amendment case,” Floyd Abrams, the renowned First Amendment attorney of Pentagon Papers fame, told me. The truth is that characterizing Disney as a creepy company that aims to morally bankrupt kids has become a mainstream position in GOP media circles. DeSantis knows this — which is why he was happy to pick this battle with the company.
☆ ‘It’s a major blow’: Dominion has uncovered ‘smoking gun’ evidence in case against Fox News, legal experts say
  + stars: | 2023-02-23 | by ( Oliver Darcy | ) edition.cnn.com   time to read: +4 min
While the legal experts cautioned that they would like to see Fox News’ formal legal response to the filing, they all indicated in no uncertain terms that the evidence compiled in Dominion’s legal filing represents a serious threat to the channel. On one occasion, Carlson demanded that Fox News White House correspondent Jacqui Heinrich be fired after she fact-checked a Trump tweet pushing election fraud claims. Tushnet said that in all of her years practicing and teaching law, she had never seen such damning evidence collected in the pre-trial phase of a defamation suit. “Donald Trump seems to be very good at generating unprecedented situations.”David Korzenik, an attorney who teaches First Amendment law and represents a number of media organizations, said that the filing showed Dominion’s case against Fox News has serious teeth. “Their motion for summary judgment takes an extreme and unsupported view of defamation law and rests on an accounting of the facts that has no basis in the record.”But the attorneys said Dominion’s filing showed it had built a powerful case against Fox.
☆ Trump sues CNN, Herschel Walker threatens Daily Beast and America loses
  + stars: | 2022-10-08 | by ( Ronnell Andersen Jones | Prof. Ronnell Andersen Jones Is The Teitelbaum Chair In Law At The University Of Utah | An Affiliated Fellow At The Yale Law School Information Society Project. | ) www.nbcnews.com   time to read: +7 min
Once a relatively rare move for public officials, threatening a libel suit is fast becoming a go-to tool for some who hope to influence public narratives, if not right wrongs. The odds that any elected official or candidate emerges victorious in a defamation suit are exceedingly low. Trump has a longstanding pattern of threatening libel actions that he either does not bring or does not continue. Others, including recent Trump campaign lawsuits against the Times and CNN, have been filed but dismissed by judges in state and federal courts. Trump knows that this is about the court of public opinion more than it is about the court of law.
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