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Stormy Daniels Defamation Suit Dismissed; She is Liable for Trump's Legal Fees (Updated OP)

Deleted member 2533

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JUST IN: A judge has dismissed a defamation lawsuit brought by Stormy Daniels against President Trump, rules Daniels is liable for the president's attorney's fees.

https://www.hollywoodreporter.com/t...ats-stormy-daniels-defamation-lawsuit-1152514

Last April, Avenatti released a sketch of a man who allegedly threatened Daniels into remaining silent back in 2011. Trump tweeted, "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!"

In response, Trump moved to have the complaint stricken under Texas' anti-SLAPP statute, which provides special protection against frivolous litigation usurping one's free speech activity. Charles Harder, his attorney, argued that the statement at issue represented protected opinion and that Daniels hadn't sufficiently alleged damages nor stated facts to show Trump acted with actual malice.

U.S. District Court Judge S. James Otero concludes that Daniels has failed to establish a prima facie case for defamation.

"The Court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States," states the opinion. "The First Amendment protects this type of rhetorical statement."
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Sho_Nuff82

Sho_Nuff82

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Nov 14, 2017
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Relevant ruling is here:

After her lawyer released a composite sketch of the man, Trump accused Clifford in an April tweet of "a total con job" concerning a "nonexistent man."

"The court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the U.S.," U.S. District Judge S. James Otero in Los Angeles said in a ruling Monday. "The First Amendment protects this type of rhetorical statement."
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Actually pretty consistent with recent rulings that have suggested that social media "doesn't count."

https://www.bloomberg.com/amp/news/...ump-s-con-job-tweet?__twitter_impression=true

I don't think this win cancels out the Cohen case, which as we all know implicated the president in a far more serious crime.
 
Slayven

Slayven

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Oct 25, 2017
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https://www.hollywoodreporter.com/t...ats-stormy-daniels-defamation-lawsuit-1152514

Last April, Avenatti released a sketch of a man who allegedly threatened Daniels into remaining silent back in 2011. Trump tweeted, "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!"

In response, Trump moved to have the complaint stricken under Texas' anti-SLAPP statute, which provides special protection against frivolous litigation usurping one's free speech activity. Charles Harder, his attorney, argued that the statement at issue represented protected opinion and that Daniels hadn't sufficiently alleged damages nor stated facts to show Trump acted with actual malice.

U.S. District Court Judge S. James Otero concludes that Daniels has failed to establish a prima facie case for defamation.

"The Court agrees with Mr. Trump's argument because the tweet in question constitutes 'rhetorical hyperbole' normally associated with politics and public discourse in the United States," states the opinion. "The First Amendment protects this type of rhetorical statement."
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based on that, they kinda had to rule against her
 
Novel Mike

Novel Mike

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Oct 25, 2017
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This was just one of the lawsuits going on against Cohen and Trump and yeah sounds pretty normal, won't stop Fox and Trump from sensationalizing it.
 
Air

Air

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Was concerned, but I remember she did bring up another suit against him. Sucks that it got thrown out, but Cohen's case is far more important.
 
Angry Grimace

Angry Grimace

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I haven't read the ruling, but I wouldn't be surprised if it was dismissed because she's a public figure and it's almost impossible actually defame a public figure. It's been that way since Sullivan in the mid '60s.
 
Dennis8K

Dennis8K

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Oct 25, 2017
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If Avenatti runs I can see the tweets already: "Failed as a porn lawyer, is this your new president?!"
 
Sho_Nuff82

Sho_Nuff82

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Nov 14, 2017
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Long story short, libel and slander and defamation have very high standards for burdens of proof, and similar to Trump's previous defamation case (Summer Zervos), the judge's argument is essentially "he's an asshole to everyone, you can't take everything he says on the podium literally without violating his free speech".
 
BWoog

BWoog

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Oct 27, 2017
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There's literally Spicer's quote from the President that his Twitter should be taken as his word, so they could appeal with that?
 
Nacho

Nacho

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Oct 25, 2017
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NYC
As per usual, seems Trump skates by on the whole "oh I didn't mean what I said, I meant something else" defense
 
Xaszatm

Xaszatm

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Oct 25, 2017
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Well, I'm glad that lawyer got his 15 minutes of fame, now we get to hear Trump being victorious (and worse, the Republicans that fucking surround my life acting all snobby). FUCK this asshole.
 
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