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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump has the right to 'rhetorical hyperbole,' says judge -- but that doesn't make it presidential
In dismissing Stormy Daniels' defamation suit, we are left with the same withering assessment of the president's lack of seriousness.
SAM FULWOOD III
OCT 18, 2018, 8:00 AM
As if it wasnt already glaringly apparent, a federal judge has, in his dismissal of adult film star Stormy Daniels defamation suit against President Donald Trump, offered an officially adjudicated assessment that the presidents words and behavior are not to be considered earnestly.
Or, to put it more bluntly, this judge has ruled that Trump is an unserious president.
In a ruling handed down Monday, U.S. District Judge S. James Otero who is also overseeing Daniels pending lawsuit about her non-disclosure agreement sided with the president and dismissed the adult-film actors defamation suit against Trump. Daniels filed the suit after the president, in a tweet, referred to her contention that a man had threatened her in an effort to dissuade her from speaking publicly about her alleged affair with the president as a total con job.
In his dismissal decision, Otero wrote that it was fair game for the President of the United States to employ gross and over-the-top language to make a self-serving point. The Court agrees with Mr. Trumps argument because the tweet in question constitutes rhetorical hyperbole normally associated with politics and public discourse in the United States. The First Amendment protects this type of rhetorical statement.
https://thinkprogress.org/donald-trump-daniels-defamation-suit-8f3cdc51fd91/
Okay judge, what your definition of slander...................................when compared to defamation, there is a difference, and you just gave the narcissist a free pass................
slan·der
/ˈslandər/Submit
nounLAW
1.
the action or crime of making a false spoken statement damaging to a person's reputation.
"he is suing the TV network for slander"
verb
1.
make false and damaging statements about (someone).
"they were accused of slandering the head of state"
synonyms: defame (someone's character), blacken someone's name, tell lies about, speak ill/evil of, sully someone's reputation, libel, smear, cast aspersions on, spread scandal about, besmirch, tarnish, taint
def·a·ma·tion
/ˌdefəˈmāSH(ə n/Submit
noun
the action of damaging the good reputation of someone; slander or libel.
"she sued him for defamation"
synonyms: libel, slander, calumny, character assassination, vilification;
Fullduplexxx
(7,866 posts)turbinetree
(24,709 posts)Fullduplexxx
(7,866 posts)jberryhill
(62,444 posts)Avenatti filed a notice of appeal in that case.
Eventually, the 9th Circuit will set a briefing and hearing schedule for the appeal.
It's not going to change the fact that the controversy with Trump has been an economic boon to Ms. Daniels.
What is required for defamation, among other things, is that someone make a false statement that damages the plaintiff's reputation. Trump has made any number of false statements. One is hard-pressed to find any measure by which anything Trump has said has damaged Daniels' reputation.
Fullduplexxx
(7,866 posts)lark
(23,134 posts)jberryhill
(62,444 posts)At the end of the day, everyone knows that Trump spews inane crap, and hence the likelihood of showing actual damages from anyone taking him seriously is very low.
In what way has Daniels reputation been harmed by anything Trump has said?