President Donald Trump is no stranger to the courtroom.
But now his wife, Melania, has just proven her mettle with the legal system, too.
The First Lady has already come under attack multiple times since Trump’s election; this includes particularly disgusting comments from one ignorant TV host.
And who can forget when the Girl Scouts circulated a petition to BAN Melania Trump? This, from an organization that is loaded with so much hypocrisy and questionable behavior that we should start talking about investigations.
Yes, well, now it’s time to score one for the First Lady.
In a recently decided legal battle, Trump’s wife emerged the victor – a blogger, the loser. And her claim never even had to go to court.
As Law Newz reported:
“LawNewz.com has learned that First Lady Melania Trump has agreed to settle her defamation lawsuit filed against a Maryland blogger who published an article accusing her of being a high-end escort.”
The blogger, Webster Tarpley, wrote on Tarpley.net that Melania had suffered a “breakdown” for reports that accused her of plagiarism of then-first lady Michelle Obama’s speech.
He also wrote about “rumors” that Melania once worked as a high-end escort – a term that was taken by many to mean prostitute.
Tarpley apologized and issued a retraction shortly after the story appeared. But apparently, that wasn’t enough.
As part of his settlement, Tarpley must now pay Melania a “substantial sum” and issue an additional apology. And we’re thinking Democrats should issue an apology to Mrs. Trump as well, because they just can’t stop insulting her.
You know, this is a win for the first lady, and for many in the celebrity world who’ve felt they’ve been wronged by the media and defamed in print.
But one note of caution:
Defamation and slander suits are supposed to include proof of intent. In other words, the party that prints or posts is supposed to have purposely printed or posted the alleged defamatory statements as a means of harming the target or subject of the printed or posted statements, in order to violate the standards of defamation laws.
Was that standard met here?
One must always consider the potential for long-term damage to the First Amendment’s freedom of press and freedom of speech in cases of slander and libel. Melania’s case didn’t go to court so it’s hard to judge all the facts.
But there is this: A journalist, to include blogger, has a responsibility to get the facts right before taking to print or World Wide Web.
But mistakes are made.
And the law demands those who don’t like what’s being said, written or reported, or that insist the reporting is flawed, also show that mistaken reporting is based on an intent at malice or harm – not simply that the mistake caused hurt feelings or even questions about reputations.
Intent to harm must be proven to win a defamation case.
Source: Law Newz