False Statement about the target was stated as fact (not opinion)
Publication or communication of that statement to a third person
Fault on the part of the person making the statement amounting at least to negligence
Harm to the subject of the statement (damages)
Considering how hard he’s publicly pushed the story as a true fact, I think prongs 1 and 2 have been met. Alas, I can see 3 being not reached (he checked with his constituents who claimed the story was true and a judge accepts that as sufficient due diligence).
And 4 would be the hardest - how does one prove damages (like a dollar amount) and that they were specifically caused by his comments?
It’d be hard but I thinks a case can be made by analyzing violence against the Haitian community before and after the comments. We have a date for when it was said, which can serve as our starting point for after. It might not be the easiest but its definitely within reason. On top of it all, I’m tired of this and thats by design. To so obviously be trashing and damaging these communities, but due to the law still have believable excuses. Its bullshit. We know and so do the rubes.
Unfortunately and with deep regrets, I think it’d be tough. From https://lipskylowe.com/when-are-false-accusations-of-racism-defamation/ there are four points:
Considering how hard he’s publicly pushed the story as a true fact, I think prongs 1 and 2 have been met. Alas, I can see 3 being not reached (he checked with his constituents who claimed the story was true and a judge accepts that as sufficient due diligence).
And 4 would be the hardest - how does one prove damages (like a dollar amount) and that they were specifically caused by his comments?
It’d be hard but I thinks a case can be made by analyzing violence against the Haitian community before and after the comments. We have a date for when it was said, which can serve as our starting point for after. It might not be the easiest but its definitely within reason. On top of it all, I’m tired of this and thats by design. To so obviously be trashing and damaging these communities, but due to the law still have believable excuses. Its bullshit. We know and so do the rubes.