Judge Rules Trump’s Tweet Over Stormy Daniels Was Free Speech, Not Libel

By | October 16, 2018

  • October 16, 2018 at 7:28 am
    PolarBeaRepeal says:
    Hot debate. What do you think?
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    Apparently, Clifford couldn’t prove her claims, thus another defense of such statements by Trump is ‘truth in speech, writings or other forms of communication’.

    The quote by Creepy Porn Lawyer Avenatti wasn’t necessary, but does show some balance in reporting, which is a welcome change to one-sided stories by ’21st Century journalists’.

    This story omitted the important detail that the Court ordered Clifford to pay Trump’s legal fees. I know why that is true for both the story omission and the Court ruling.

    • October 16, 2018 at 7:35 am
      PolarBeaRepeal says:
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      Oops! I didn’t correctly state the legal fees award in my post above; the story here says ‘reasonable legal fees’ whereas other reporting at other credible sources was ‘legal fees’. I believe the full fees were awarded, but I am open to alternate interpretation if someone has a definitive court document. See 18-cv-06893, US Central District Court of California.

      • October 16, 2018 at 9:33 am
        Fair Playing Field says:
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        Having a hard time focusing? :o)

        • October 16, 2018 at 11:09 am
          PolarBeaRepeal says:
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          Nope; the article stated ‘reasonable’. That was not mentioned in ANY news reports I heard / saw.

          • October 16, 2018 at 11:31 am
            Rosenblatt says:
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            Come on PBR – you know s/he was replying to your “Bear Culpa” post saying you posted a response here that you meant to post in a different article, but now that post is “mysteriously” gone now.

          • October 16, 2018 at 1:30 pm
            Fair Playing Field says:
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            Yeah, quit being evasive, PBR.

            The article explicitly states, “The judge awarded Trump reasonable attorney’s fees” and you initially wrote “This story omitted the important detail that the Court ordered Clifford to pay Trump’s legal fees”.

            Focus, man!

          • October 16, 2018 at 5:03 pm
            PolarBeaRepeal says:
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            Again; I am questioning the use of the word ‘reasonable’, which was mentioned in nary another report. Why not?

          • October 17, 2018 at 1:16 am
            Fair Playing Field says:
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            That’s some mighty fine tap dancing, son. I remember the days when you fellers used a straw hat and bamboo cane in your act.

          • October 17, 2018 at 4:37 pm
            PolarBeaRepeal says:
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            OK, believe the media’s spin on this one, if you wish. The term ‘reasonable’ is brought up in this story. It is typical of news reports to simplify the story by dropping such a word. I would like to see the actual ruling wording to see what the judge wrote.

          • October 18, 2018 at 4:31 pm
            Fair Playing Field says:
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            I don’t give a rat’s patootie whether the courts awarded “fees”, “reasonable fees”, “seasoned fries” or whatever.

            I do, however, enjoy watching you obsess over such a picayune detail, presuming it to be “media spin”.

            Maintain your vigilance, tinfoil hat brigade.

    • October 16, 2018 at 8:54 am
      Ron says:
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      I see you did not read the actual article. It was not whether or not she could prove her claim, it was a 1st Amendment issue. The ruling said nothing about the unknown man who alleged threatened her.

      Still waiting for President Trump to file even one defamation suit against all of theses “false accusations” about him.

      It is always reasonable legal fees that are awarded. Otherwise, an attorney could just charge whatever they want knowing their client does not have to pay.

      • October 16, 2018 at 11:11 am
        PolarBeaRepeal says:
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        The 1st Amendment doesn’t apply unabated; e.g. can’t yell ‘FIRE!!!’ in a crowded movie theater. So, yes, I did comment on one defense that wasn’t mentioned in the article because a commentator made an issue of it; i.e. Trumps’ claim that she lied…. and she didn’t refute it in the opening pleas.

        • October 16, 2018 at 12:01 pm
          Ron says:
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          All I am saying is that the judge did not rule on whether or not her claim was proven. Only that he applied 1st Amendment rights to the defendant.

          • October 16, 2018 at 5:05 pm
            PolarBeaRepeal says:
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            I am adding clarification about the 2nd defense. Sure, 1st Amendment protection is the key to the dismissal. But the point remains about the lack of proof by Clifford and her Creepy Porn Lawyer, Avenatti.

  • October 16, 2018 at 10:17 am
    Rosenblatt says:
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    The tweet was considered “rhetorical hyperbole”? Does this mean we can tweet anything we want about anyone, then if someone gets upset and sues us for defamation, we can just turn around and say “I, uh, yeah … well, I knew it wasn’t true when I posted it, but, I guess I was just exaggerating, and that makes it protected speech!” So we can say anything we want about anyone regardless of the veracity of the statement, so long as we claim we didn’t really mean it and we were just exaggerating if we get “caught” making things up? What a slippery slope.

    • October 16, 2018 at 11:12 am
      PolarBeaRepeal says:
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      Nope. Read my post about lies and inability to prove the claim in the lie.

      • October 16, 2018 at 11:34 am
        Rosenblatt says:
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        Nope. Read the article and the judge’s decision which said the case was tossed ““…because the tweet in question constitutes ‘rhetorical hyperbole’ normally associated with politics and public discourse in the U.S.” So, my original comment/question stands in spite of you arguing the case was dismissed for reason(s) the judge didn’t bother to state in his ruling.

      • October 16, 2018 at 5:06 pm
        PolarBeaRepeal says:
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        I read it. I chose to comment on an issue related to the case; i.e. truth as a defense against a charge of slander.

        • October 19, 2018 at 1:21 pm
          Captain Planet says:
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          Only, in this case, it would be libel. Slander is spoken, libel is written. So, when someone writes that an attorney is a “creepy porn lawyer”, he might be susceptible to a libel lawsuit. The only creepiness I see stems from this administration, not the one suing it.

    • October 16, 2018 at 4:22 pm
      Yup says:
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      This guy is huge on the cultural appropriation.. amiright

  • October 16, 2018 at 1:27 pm
    Rosenblatt says:
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    What have you been smoking, Craig? Can you make an on-topic comment on this article, or are you good with ranting about something completely different than the case that’s being discussed here?

    • October 16, 2018 at 3:37 pm
      Ron says:
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      Trump supporters would be wise to not bring up lying as a disqualfier.

      https://www.politifact.com/personalities/donald-trump/statements/byruling/false/

      • October 16, 2018 at 3:58 pm
        Rosenblatt says:
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        That only covers April 1, 2011 through October 8, 2018. Got anything more comprehensive than that? (end sarcasm :)

      • October 16, 2018 at 4:51 pm
        Craig Cornell says:
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        You might have noticed something: they ALL lie. Even Obama. ZZZZZ.

        At least Trump is funny.

    • October 16, 2018 at 3:56 pm
      Rosenblatt says:
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      The topic and ruling of this case is that exaggerated hyperbole constitutes free speech and is protected under the first amendment. I didn’t read anything in the Judge’s ruling about either Trump or Stormy lying or failing to prove what they said happened actually occurred.

      • October 16, 2018 at 4:54 pm
        Craig Cornell says:
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        WHO CARES? It is a porn actress who has sex on camera for a living who had sex with Trump one time. It was consensual. *(Unlike some of Bill Clinton’s stuff, which was anything but consensual. But liberals don’t care about sexual assault.)

    • October 17, 2018 at 2:43 pm
      rob says:
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      Craig–if you, Agent, Polar, Jack all have such a problem with the IJ’s reporting, why do you all continue to read it and comment? It says more about you than it does the IIJ.

      • October 17, 2018 at 3:10 pm
        Craig Cornell says:
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        To laugh at the comments.

        • October 19, 2018 at 4:46 pm
          Captain Planet says:
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          I hear you, Craig – Agent and Yogi are hilarious. They should go on road tour, I love those guys! Would you consider being their special guest? I’d pay for that ticket for sure. Then, maybe we could all catch a drink together after the show.

  • October 18, 2018 at 1:40 pm
    Jax Agent says:
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    How could anyone possibly libel or slander a person that does what Stormy does for a living for hundreds of millions of people to see (or whatever number of people it is that want to see that) ?

    • October 19, 2018 at 12:25 pm
      Captain Planet says:
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      Last time I checked, the law didn’t state anything about one’s profession being a factor in determining rulings. I don’t know who wants to watch it, but Tiny Tramp sure wanted to hit it!



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