She can only sue as long as she stays out of the presidential race. Once in, she is a public figure again.
Todd could sue, in all likelihood.
She's a public figure now. So while the barrier to successfully suing is incredibly high, she is within her rights to do so.
Don’t do it, Sarah. I know this type of guy. He can’t wait for you to sue. He’s an attention freak.
Better yet, keep an eye on the New York Times bestseller - so far it hasn’t shown up. I predict it’s gonna be a dog - except for the few creeps in West Hollywood and Boystown who buy it.
Wrong.
She’s a public figure right now according to the legal definition of “public figure”:
n. in the law of defamation (libel and slander), a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star or sports hero. Incorrect harmful statements published about a public figure cannot be the basis of a lawsuit for defamation unless there is proof that the writer or publisher intentionally defamed the person with malice (hate).
Obviously case law (the biggie is Sullivan) expands on the definition but it can probably be said that McGinniss hates Palin :-) And if he knew ALL the allegations in the book to be untrue she may prevail, but it appears that the Glen Rice allegations were true and that alone will diminish her chances of prevailing on the suit. Truth is an absolute defense.
But I agree that she can’t run for the Presidency while embroiled in a nasty defamation law suit. No one in their right mind would do so.
It looks as though not too many here remember that Carol Burnett sued successfully. And the Mirror (or whatever publication it was) was not suffering from PDS (or BDS).
BTW, it looks like McGinness showed some actual malice so the standards have been met.
Palin is a public figure NOW and has been since she was nominated for VP. She also doesn't have to worry about the public figure thing because she has proof the guy knew he was telling lies since he admitted such in his emails, which her lawyers have, hence the letter to RH putting a hold on any attempted destruction of correspondence between them and Mcnumbnuts. The law doesn't state public servant, it says public figure and she certainly is that. But she has RH by the short hairs and I expect they will want to settle out of court and pull the book off the shelves.
However, if the law did state public servant then she could still run since the lies were told before she started her run for President(if that happens)and laws are not retroactive.