It's a civil matter called 'slander', isn't it?
Law student Sandra Fluke can "definitely" sue Rush Limbaugh for slander over the talk-show host's ugly remarks on his radio program, legal experts say. Fluke seems to be leaving her options open.
"I've certainly been told I might have a case," Fluke told
The Daily Beast, "but it's not something I've made any decisions about at this point."
Slander is a type of defamation. To win a slander lawsuit, a victim must prove someone made a false statement that was "published" to at least one other person, and that the statement caused injury.
In Sandra Fluke's case, she is not a "public figure", lawyers told the
Philadelphia Daily News. Fluke can prove Limbaugh made the hurtful comments and "published" them to millions of listeners.
Rush's potential defenses -- such as free-speech protections and that he was just joking -- may not hold up with a jury, the attorney told the
Daily News.
"His statements implied facts about somebody's sex life, that she was promiscuous and trading sex for money," the attorney explained. The company that syndicates Limbaugh's radio show may also be liable for "publishing" the comments, the attorney said.
http://blogs.findlaw.com/injured/2012/03/sandra-fluke-definitely-can-sue-rush-limbaugh.html
