General Discussion
In reply to the discussion: Hate to burst the bubble, she's a Public Figure, no doubt [View all]onenote
(42,700 posts)And the possibility that a court would conclude that rush's bile was hyperbole or whatever and find against Fluke is far too great to risk. You can't control juries and you can't control judges. Fluke has the burden of proof. She would have to show that limpy had actual knowledge that she wasn't a slut or prostitute -- something I doubt she could prove since its clear that Limpy did not have any knowledge one way or the other. (Its a weird standard, but his not knowing its true isn't the test--its his having actual knowledge that it is untrue). She would have a much stronger case under the back up standard -- that limpy spoke with reckless disregard as to truth or falsity of what he said. But even then, she also could be opening herself up to questioning about her own sex life and there is no reason for her to put herself through the abuse she will take at the hands of limpy's lawyers. (Remember, the plaintiff bears the burden of proof in defamation case).