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Donald Trump: We're going to 'open up' libel laws
Politico ^ | 2/26/2016 | Hadas Gold

Posted on 02/27/2016 10:02:24 AM PST by dschapin

Donald Trump said on Friday he plans to change libel laws in the United States so that he can have an easier time suing news organizations.

During a rally in Fort Worth, Texas, Trump began his usual tirade against newspapers such as The New York Times and The Washington Post, saying they're "losing money" and are "dishonest." The Republican presidential candidate then took a different turn, suggesting that when he's president they'll "have problems."

"One of the things I'm going to do if I win, and I hope we do and we're certainly leading. I'm going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money. We're going to open up those libel laws. So when The New York Times writes a hit piece which is a total disgrace or when The Washington Post, which is there for other reasons, writes a hit piece, we can sue them and win money instead of having no chance of winning because they're totally protected," Trump said.

Read more: http://www.politico.com/blogs/on-media/2016/02/donald-trump-libel-laws-219866#ixzz41OOQy1Ch

(Excerpt) Read more at politico.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: 1984; 2016issues; censorship; firstamendment; freedominion; freedomofspeech; freespeech; ignoranceisstrength; lawsuit; libel; ministryoftruth; seditionact; trump; trumpelthinskin
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To: erkelly

Very well said.


121 posted on 02/27/2016 10:57:48 AM PST by magglepuss
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To: Darksheare

Like I said, I agree in principle that something should be done. They get away with malice all the time and everyone knows it, but without mind readers it is hard to prove - a hard nut to crack. Forums, twitter, and other Internet opinions posted by individuals, the little guys, should not be touched.


122 posted on 02/27/2016 10:57:58 AM PST by Red Steel
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To: Fightin Whitey
Just wondering how your clear-headed statements can be reconciled with Trump seems to want.

From what I understand, libel suits against any one deemed to be a "public figure" almost impossible to win and exceedingly expensive to pursue.

Maybe they shouldn't be opened up I don't know, my point was that the 1st does not protect it.

The problem with living in our society is that now matter how good a law is there is a scumbag attorney out there who will pervert it for money. They know the can get settlements most time because its cheaper to settle in the long run.

I don't have the answer FRiend, again my issue was statements here Trump is going to attempt to take away 1st Amendment rights.

123 posted on 02/27/2016 11:01:39 AM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: PROCON
Just wondering how your clear-headed statements can be reconciled with Trump seems to want.

Damn right, you started out with the numbskull remark.

As for the rest of your post, I got over playing in the schoolyard sandbox 50 yeas ago.

See ya.

124 posted on 02/27/2016 11:03:47 AM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: erkelly

You are asking for lessing freedoms and censorship via the government .
Think about that.

Completely against the freedoms we have in this nation.
Do you approve of the same things if Hillary was asking for them?


125 posted on 02/27/2016 11:04:18 AM PST by HereInTheHeartland (I don't want better government; I want much less of it.)
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To: dschapin
Please read post 104.

Just did, as the poster noted, these problems exist right now already, what's your point?

126 posted on 02/27/2016 11:06:22 AM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: dschapin

The left has already gutted the constitution.

Strengthening libel laws is not gutting the constitution. Indeed, the press has NOTHING to fear as long as they tell the truth.

Furthermore, looking back at the farce that was Watergate, if Richard Nixon had had recourse against the press for all of their terrible lies, Vietnam might never have fallen. Jimmy Carter might never have been elected (Reagan would likely have been elected after Nixon.) I do not think because you are a public figure, anyone should be able to tell deliberate lies, in an effort to overthrow the duly elected govt, and ultimately throw out the constitution. What makes you think, as the media empowers the left, they will respect the first amendment? When has a communist govt permitted free speech? Are we to do nothing, in the name of free speech, to stop the destruction of this country by the lying hard-left media?

It is interesting, how any proposed effort to stop the damage that has been done to our country by the traitorous dishonest left is met with cries of “unconstitutional.” And since you do the same, refusing to address the terrible problems we are facing, and the fact that so many of them are created/compounded by the lying media, I wonder just who you are and what your politics really are.


127 posted on 02/27/2016 11:06:44 AM PST by erkelly
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To: Las Vegas Ron

That’s just it, they posted and discussed a news article from a man source.
Like what we do.


128 posted on 02/27/2016 11:08:01 AM PST by Darksheare (Those who support liberal "Republicans" summarily support every action by same.)
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To: Red Steel

The laws at hand are sufficient.


129 posted on 02/27/2016 11:08:34 AM PST by Darksheare (Those who support liberal "Republicans" summarily support every action by same.)
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To: Darksheare

Not really, but probably the best we can do.


130 posted on 02/27/2016 11:10:37 AM PST by Red Steel
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To: Darksheare
I'll have to read the links you sent, I'm not familiar with the cases you site.

I do remember the kerfuffle with Las Vegas Review Journal and a few other sources but IIRC they were copy write cases and they lost?

Are these the same?

131 posted on 02/27/2016 11:12:04 AM PST by Las Vegas Ron ("Medicine is the keystone in the arch of Socialism" Vladimir Lenin)
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To: Red Steel

Considering that any change to existing law would be used by the left, it is a terrible idea to even give them the opportunity.
Heck, they put out studies stating that conservatives are “terrorists”, even had West Point in on that act.


132 posted on 02/27/2016 11:13:21 AM PST by Darksheare (Those who support liberal "Republicans" summarily support every action by same.)
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To: dschapin

I guess with a pen and a phone Trump wants to neuter free speech. And his FR fanboys cheer him on. Never thought I’d see that day.


133 posted on 02/27/2016 11:13:44 AM PST by Blackirish
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To: Blackirish

Yep, wrong is wrong no matter who is POTUS, or running for it.


134 posted on 02/27/2016 11:16:24 AM PST by GrouchoTex (...and ye shall know the Truth and the Truth shall set you free.)
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To: Las Vegas Ron

Yes. I think you might have meant to say that the standard for libeling a “public figure” are much harder to meet than, say, you or me.

You and I can sue someone for knowingly and maliciously making false claims about us that have caused us harm.

Even that is a pretty high bar to get over; and add to it that you and I would have to be rich OR find a lawyer willing to work on contingency.

The standards for Mr. Trump, or Hillary Clinton, to sue somebody for libel are almost impossible to meet, because they are “public figures”; in other words they have put themselves in the public arena, and must expect to be assailed, even untruthfully, in the rough-and-tumble public marketplace.

What bugs me is that someone like George Zimmerman or Joe the Plumber can also be torn to shreds by the media, even though they were dragged into the public eye.

But in cases like theirs CNN and others can usually escape punishment by claiming that their misstatements were errors, not intentional slander.

Probably more than you cared to read lol...


135 posted on 02/27/2016 11:18:13 AM PST by Fightin Whitey
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To: Las Vegas Ron

This was actually Canada specific.
Free Dominion was our Canadian sister site.
The left used the “open” libel law there to shut down the discussion board.
The news sites they were discussing?
Nope.


136 posted on 02/27/2016 11:19:32 AM PST by Darksheare (Those who support liberal "Republicans" summarily support every action by same.)
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To: FreedomStar3028

With a name of FreedomStar, your post doesn’t match your name.

So I take it you supported the “Fairness Doctrine?”

Do you not see the ramifications what Trump is suggesting here? Both short and long term


137 posted on 02/27/2016 11:19:36 AM PST by LMAO ("Begging hands and bleeding hearts will only cry out for more" Anthem by Rush)
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To: Blackirish

Its really sad and terrifying.


138 posted on 02/27/2016 11:20:57 AM PST by dschapin
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To: Las Vegas Ron
Slander and libel are NOT protected by the 1st amendment, there are civil actions that can and are adjudicated ALL of the time.

And they are notoriously unsuccessful almost all the time, in the context of public figures, because you have to prove "actual malice," and that is tough to do.

And that is precisely as it should be. Political free speech is precisely that speech the founders were most interested in protecting, because it is critical to the functioning of a free society, and because it is highly vulnerable to suppression by agents of political power. The risk of being misrepresented when you enter the political arena is a risk we as free people deem worthy of the benefit returned, namely, that we all have the right to speak our mind, even when what we say is extremely unpopular.

And the impulse to suppression is alive and well, even here at FR.  Just the other day some pro-Trump person was suggesting a "common sense" litmus test as a prerequisite to our freedom to vote. Here on FR!  And based on what? My negative appraisal of Trump. The individual is dead, long live the collective? Is that our new mantra?

So we have to stand as watchmen for our freedom. Ad you said, the current law already allows suit for defamation against public figures, but it protects media from retaliatory lawsuits by requiring solid proof the defamatory statement was a fact, not an opinion, that it is demonstrably false, that it is limited to the specific victim and not some large group, and that it was done with "actual malice," i.e., the media outlet knew it was false while presenting it as true, a deliberate, intentional lie. Proving all that is a pain in the behind, very hard to do. The only way I could see Trump getting around it is to either lower the standard of proof (bad), or to remove the "actual malice" standard (also very bad).

But how would he do this?  He is not the legislature. He is not the judiciary. And libel laws are under the police powers of the states.  This is one of those areas NOT enumerated to Congress.  It's not a federal issue.  Does he not understand the role of the federal executive? I don't think he does. This puts him much closer to Obama than Reagan.

Peace,

SR
139 posted on 02/27/2016 11:22:01 AM PST by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: dschapin

“Seriously some of you Trump supporters don’t seem to care if you kill not the Republican Party but America and our freedoms.”

Kill!? You saying Trump supporters will kill people!!?? Careful there, next thing you know the FBI will be forcing FR to hand over your name and email and you’ll be getting a knock on the door by the FCC, SWAT, and ATF.


140 posted on 02/27/2016 11:23:06 AM PST by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts It is happening again.)
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