“Can Herman Caine [sic] sue for defamation?”

That’s a search term used yesterday by someone who got hooked into Sidebar.

Geez, do I have to repeat my definition of defamation? Must I spell “Cain” correctly?

Let me just answer this, then: No. Defamation requires a malicious lie. That is, the person who “defames” someone has to be telling a lie about that person, it should be malicious, i.e., the person who lies is aware of the dishonesty of the accusation, and it has to damage the reputation (career, income, life) of the defamee.

If Herman Cain attempted to sue his accuser(s) of defamation, he would have to show that what they said was a lie. Lie=falsehood. Trash. Knowingly saying something untrue about someone.

Herman Cain can say he’s going to sue for defamation. “Defamation” is an overused pop-up word. Doesn’t everybody drop it into your average conversation?

Maybe Herman Caine [sic] can sue for defamation but Herman Cain can’t. Or rather, here’s the truism I learned from a very smart lawyer: anybody can sue anybody for anything. But Anybody can also have his case dismissed, have to pay all legal costs while publicly trashing his own reputation.

That’d be like masturbating in public without ever reaching orgasm.

 

This entry was posted in Law, suits and order and tagged . Bookmark the permalink.