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Trumpisms and Logic

February 27, 2016

So Mr. Trump now wants to relax Libel & Defamation laws to “let us sue when people say things”.  
Let me explain what Mr Trump and every lawyer already knows and he counts on the general lay person to be ignorant of: Libel & Defamation collectively are called slander. All slander laws allow people of whom an untruth is told about them by another person (the publisher) as a ‘fact’ is given the right to sue the publisher. The publisher is the “slandering party” person who is proven to have said the untruth and communicated it to another. Therefore, Publishers are individuals, media, and those who repeat the statement as fact. Publishing does not require recording, printing, it simply means spreading and communicating, verbal, insinuation, or print etc.Hence the Slandered part is always and has in antiquity the right to sue the Slandering Party for damages.  

The Slanderer has defenses: Truth, or they can make sure, whether truth or not that they reasonably and clearly state that what they are saying is ‘their opinion or belief’. However opinion stated in a factual way may still create liability if widely published.

Now. That is the law protecting most people. There is a bend in the law where the Slandered party is a Public Figure such as politicians. The public figure exception simply means when people as part of their public life ‘push themselves to the forefront of public society’ they must have thicker skin. The nature of purposefully pushing yourself to the forefront of society brings controversy and you must expect controversy and liberal constructions about your public self. Mr Trump still has protection in his ‘private’ life, but less expectation in his ‘public’ life.

Having said this don’t be misled. Trumpisms are meant to create emotion driven public response. This means he is counting on crowd-like non-rational and non-logic driven animal-like behavior in voting for him.

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