I think Fluke should sue Limbaugh for defamation.

[LynneSin]

Because I would love to put Rush on the stand so we can show that the biggest whore in the room, probably the ONLY whore in the room would be Rush Limbaugh.

Four wives, several girlfriends and at least one sex trip to the Dominican Republic. His sex life would make Sandra Fluke look like the Virgin Mary.

[Happyhippychick]

1. I think all of us women should sue him!

[madokie]

17. Yup you should

pig boy has had his turn now its past time for him to go. To go away penniless would make me so happy I'd do the happy dance

[Raven]

2. No, she shouldn't. She should continue

to be the young, classy, intelligent spokeswoman for women's health. Rather than thrusting this woman further out front, we should speak out every chance we get and continue to hound his sponsors and financial backers.

[LynneSin]

6. But couldn't she do both?

I mean there are other right-wing personality jumping on the anti-Sandra Fluke bandwagon.

And it would show the hypocrisy of Limbaugh which has been the same double standard we women have dealt with all of our lives. I still remember in High School - we girls were 'damned if we do and damned if we don't'. Boys all wanted to brag about 'scoring' and yet would call any girl that had sex or 'supposedly' had sex words like 'slut' and 'whore'.

Rush Limbaugh is nothing more than a giant bully and personally I'd love to see him taken to task for not just being a bully but being a whore too.

[Raven]

9. If she were to sue Rush, her

whole life would go under scrutiny. I'm rusty at this but I think one defense against defamation/slander is the truth. If she has had any indiscretions (as we all have) they will be dragged out and displayed. Also, I think it would just give Rush another platform, more public exposure...and we know how much he loves that.

[LynneSin]

16. I'm looking at videos of the girls and she looks like someone who has a pretty clean background

I could be wrong. But you never know.

[Booster]

10. I tend to agree with you. Rush's lawyers would bring up everything in her past & none of us could

probably get through that unscathed.

[rurallib]

3. I agree. I do not know the legalities

but I hope she at least talks to an attorney.
And I hope there is a good democratic attorney willing to push this.
Sure seems to me she has been slandered and defamed in a very egregious way.

[Puzzledtraveller]

4. Perhaps, the comments were disgusting

and could be construed as defamation of her character by implication.

[aint_no_life_nowhere]

5. Why aren't Limbaughs previous wives and lovers talking?

Has he paid them off to that extent? Surely there must be a lot of hard feelings there, with someone who dumps wives and girlfriends like old socks. And what's Larry Flynt up to lately?

[Booster]

8. I think the going rate for a Rush divorce is 10 million. I'd probably keep my mouth shut too.

[TeamsterDem]

15. Is that all? I couldn't sit and listen to his radio show for 5 minutes for that. n/t

[onenote]

7. as much fun as it would be, none of that would be relevant

and a judge would promptly put an end to any such line of questioning.


In addition, it wouldn't necessarily be a slam dunk case. On the one hand, Ms. Fluke would be deemed a "limited purpose public figure" and would have to meet the higher standard for establishing defamation applicable in those instances. On the other hand, calling someone a "slut" or "prostitute" is per se defamation in that one doesn't have to establish the fact that one was damaged by the claim (although you do have to establish the amount of damages).

In any event, Rush has extremely deep pockets and this would be a long drawn out and expensive litigation. In addition, given his tendencies, I would expect that Rush would have insured himself to the hilt so that it wouldn't cost him and arm and a leg to fight such a suit. Finally, while calling someone a slut or a prostitute is per se defamation, there is always wiggle room in these cases. If there wasn't, Rush could be suing you for calling him a whore.

I think Ms. Fluke has a reasonably strong case, but I'd never call any defamation action a slam dunk.

[shcrane71]

11. She was choking back tears when she told how Obama told her that her parents

should be proud of her. Anyone who has been demonized as she has been would feel the same. It's disgusting how Limbaugh has a microphone to slander, and disparage any 23-year-old woman who disagrees with him.

[jberryhill]

12. His sex life would be relevant to what line of questioning?

What element of defamation against Fluke would questions about Limbaugh's sex life establish?

[Odin2005]

13. The problem is that suing for defamation would imply...

that being a "slut" is somehow a bad thing, and thus it just reinforces the negative notions of female sexuality.

[calimary]

14. Let's fight him at the local radio level! Check this out:

http://www.democraticunderground.com/1002374653

HIGHLY recommended! With insights from a former radio insider. As one of those myself, I have seen the great and powerful truths in this.

[Jim Lane]

18. Alas, she has no claim for defamation.

A defamation case requires a false statement about a matter of fact. From the context here, it's clear that when Limbaugh said "prostitute" he didn't mean that she was out on the street turning tricks. He was stating or implying facts that can't be disputed -- that she either had sex or took the pill in anticipation of possibly having sex with at least one man to whom she wasn't married. He was expressing his negative opinion about her conduct, and opinion isn't actionable.

I'll bet it wouldn't be hard to find someone on DU using "whore" or "prostitute" to describe, say, oil-industry scientists who deny global warming. (I think I've done it myself) When the context makes clear that the use is metaphorical, it's not actionable.

It's quite possible that Limbaugh's full statement could be read as making false assertions about the money involved. I haven't read it closely enough. I think O'Reilly said something about taxpayer dollars, which is false. Nevertheless, such a statement, even if false, couldn't be shown to injure Ms. Fluke's reputation.

The simple fact is that the target of despicable insults doesn't always have legal recourse. As Limbaugh is learning, however, there are often other forms of recourse.