Interesting that you conclude that if the plaintiffs prevail, the outcomes would damage 1A protection. Perhaps current 1A needs updating and would immensely benefit from new case law that is current to the present state of journalism.
Thanks, Dick, for this interesting argument. A libel lawyer I worked with once offered this bright-line rule: "People who file libel suits are slimeballs." I wasn't sure how serious he was and if I recall correctly he eventually modified it to "are generally slimeballs." Dominion and Smartmatic may justify that hedge. I hope libel law doesn't become less press-friendly as a result of their suits but--call it schadenfreude if you want to--I wouldn't mind seeing the defendants in these cases lose.
Interesting that you conclude that if the plaintiffs prevail, the outcomes would damage 1A protection. Perhaps current 1A needs updating and would immensely benefit from new case law that is current to the present state of journalism.
Thanks, Dick, for this interesting argument. A libel lawyer I worked with once offered this bright-line rule: "People who file libel suits are slimeballs." I wasn't sure how serious he was and if I recall correctly he eventually modified it to "are generally slimeballs." Dominion and Smartmatic may justify that hedge. I hope libel law doesn't become less press-friendly as a result of their suits but--call it schadenfreude if you want to--I wouldn't mind seeing the defendants in these cases lose.