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Havig the right to sue does not mean it waqs slander or is liable. That is what the suit will determine. Pretty ify if you agree to be a appearnace i which it's discussed. of course your lawyer agrees its slander.
Are slander and libel protected by the 1st amendment? Should they be? Does freedom of speech give you the right to spread unsubstantiated information claims against others?
No.
For those who just don't get it, the Constitution only prevents government from interfering with free speech. In other words, you only have free speech against the government, not against individual or groups. It has no bearing on private individuals or private groups who are not interacting with the government.
For example, on City Data, you have no right to free speech; your writings can be censored or redacted for any reason or no reason at all.
Why? Because City Data is neither the government nor an agent of the government, and the 1st Amendment only applies to government and not private individuals or groups.
Generally, protections against libel and slander are more limited for public and semi-public figures than they are for private figures.
Since Fluke put herself into the public spotlight (and politics, specifically), her protection is likely diminished as compared with a private figure.
I'm not convinced she has much of a case, in this instance.
In order for it to be slander it must be a malicious, false, and defamatory statement. It is not slander if what was said is true. Someone who wants others to pay for their sex is a prostitute indeed. Anyone who spends $3,000 per year, of other people's money, on contraception is everything Limbaugh said they were.
She can certainly sue, if she wants, but she will lose. The truth is a great defense in defamation cases.
In order for it to be slander it must be a malicious, false, and defamatory statement. It is not slander if what was said is true. Someone who wants others to pay for their sex is a prostitute indeed.
The point is that only slander by the Rushista's should be protected.
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