Condemned as “Not a Real Person” By Rush Limbaugh, a Small Businesswoman Speaks Out

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58. i'm just saying it's a very uphill legal battle

she volunteered a statement that reached the attention of the nation, the white house, and limpballs. i'm not sure that doesn't make her a celebrity, albeit a minor one.

there are other challenges, too. for instance, we don't have the exact text of what was said, so it could easily be the case that no actual falsehood was told. "she's not a real person" would be a falsehood, but "i suspect she's not a real person" would not.

it's also very difficult to prove damages -- did she suffer a drop in business? was it actually just seasonal? without producing actual people who stopped patronizing her stores because of what rush said (and how do you find them?) this may be hard to prove -- you also have to show that the free notoriety didn't compensate for it.

and then it's hard to prove that the loss of business was related to the LIES that rush said, as opposed to anything else that rush said, or as opposed to independent conclusions -- people might not have liked her original statement, or agreed with rush on the truthful things he said, and ignored the lies.


EVEN IF she's not a celebrity for purposes of a legal challenge, and even though she would only have to demonstrate her case to a preponderance of the evidence, she's still got a tough battle.


she's better off working the fame and anti-rush angle to replace any lost customers and forgetting about a legal challenge, unless she actually goes out of business and has nothing better to do with her time and money.



once again, NO sympathies for what rush did here, and lots of sympathy for his victims. i'm just happen to be very aware of how
taxing and expensive the actual legal process is, especially against entities who can afford massive legal teams.