Originally Posted by
Concart
I'm not being obtuse. In order for a public figure to sue for defamation, they need to prove the following:
1. The statement was false.
2. The statement was made with the knowledge that it was false.
3. The statement must be intentionally malicious (this is where the standard is much higher)
4. The statement damages the subject.
Those are all true for Trumps statement about Scarborough. I'd be happy to have you show me an example in which someone did that to Trump. I'm interested in hearing about this one.
I don't believe you or he can demonstrate "reputational damage" (from the story) nor prove that it was the President's innuendo that caused that damage. Can you show that because of these statements and no other reason, not because of statements they have made themselves that folks stopped watching his show but only because his reputation was damaged solely from those remarks and not because they didn't like the show?
I don't believe he (or you) will reach this level... Nor will you be able to reach intentionally malicious in regard to emotional distress from Scarborough, nor reputational distress as the viewers they work to obtain for any show on MSDNC are not ones that would be affected in that fashion by Trump's negative opinion of any subject.
Now, you may have a better chance at emotional distress from the widower... but I think this argument for a Scarborough lawsuit is specious, and notably so.
Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but rather we have those because we have acted rightly. We are what we repeatedly do. Excellence, then, is not an act but a habit.
- -- Aristotle
Believe nothing on the faith of traditions, even though they have been held in honor for many generations and in diverse places. Do not believe a thing because many people speak of it. Do not believe on the faith of the sages of the past. Do not believe what you yourself have imagined, persuading yourself that a God inspires you. Believe nothing on the sole authority of your masters and priests. After examination, believe what you yourself have tested and found to be reasonable, and conform your conduct thereto.
- -- The Buddha
It is the mark of an educated mind to be able to entertain a thought without accepting it.
- -- Aristotle
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