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#309826 - 12/11/18 10:51 PM Judge orders porn star Stormy Daniels to pay Trump $293,000 in attorneys' fees,
NW Ponderer Offline
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Registered: 09/09/11
Posts: 16729
Judge orders porn star Stormy Daniels to pay Trump $293,000 in attorneys' fees, sanctions (CNBC). Let me be careful how I day this: Judge Otero, a Bush appointee, is not a bad judge, but, in my opinion, he is wrong about this particular issue, and will probably be reversed. He dismissed the defamation claim (but not the whole suit) on a First Amendment basis. "The judge said that Trump's tweet was "rhetorical hyperbole," and was protected by the First Amendment." The problem is, this isn't a first amendment issue. Trump lied in a tweet. The judge was concerned about political opponents. Stormy Daniels is a private citizen, as is Donald Trump. She is not his "political opponent" (The judge's asserted concern). The question is, was his tweet "defamatory" - and therefore unprotected speech? There are other bases for dismissing the claim, he just picked the wrong one, and, once it is addressed on appeal, that issue can be raised.

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#309839 - 12/12/18 09:51 PM Re: Judge orders porn star Stormy Daniels to pay Trump $293,000 in attorneys' fees, [Re: NW Ponderer]
pondering_it_all Offline
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Registered: 02/27/06
Posts: 8490
Loc: North San Diego County
Certainly, we must protect politicians right to lie about their opponents. That's a time-honored tradition, and I doubt those other politicians can be hurt by lies. Everybody expects that and considers it hyperbole. But to lie about other citizens and harm them with those lies? That seems like we would be creating a special protected liar class, who could get away with anything. I think this decision must be overturned or a huge amount of turmoil will result. Judges usually look for a way to minimize turmoil.

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