I have previously expressed skepticism over some defamation cases against the media brought by President Donald Trump under existing case law. However, comedian Rosie O’Donnell may have supplied the President with a another defamation case if she cannot back up sensational claims made against the President to her 2.9 million TikTok followers. She states as a fact that the President is an “adjudicated rapist” and settled child abuse cases.
O’Donnell seems to spend much of her days in a constant rave about Trump, Republicans, and the demise of the United States from her new home in Ireland. That is fine and an exercise of free speech. However, it may have crossed the line into defamation in her latest posting.
O’Donnell stated:
“Did you think it a million years that they would reelect a man who orchestrated an insurrection against the government? They would reelect that guy with all the charges of sex abuse? — the adjudicated rapist…And then I just saw this thing today about all the cases he’s settled with children, children’s families, accusations about him, that he chose to settle.”
She added:
“When are we going to be able to go, ‘We’re grown up enough to understand that this kind of deviant, psychotic, mentally ill behavior goes on at the highest level sometimes, and no matter where it goes on, it is our duty to stop it,’” O’Donnell continued in her unhinged rant…Shame, people. Shame on what has become of us.”
Notably, at least eleven months ago, O’Donnell called Trump a “rapist” and a “serial pedophile rapist.”
Trump previously sued over the claim that he is a rapist. He lost such a case against E. Jean Carroll after a judge ruled that her claim to have been raped by Trump was “substantially true.” The judge wrote: “The only issue on which the jury did not find in Ms Carroll’s favour was whether she proved that Mr Trump ‘raped’ her within the narrow, technical meaning of that term in the New York penal law.”
Nevertheless, Trump was not legally “adjudicated” to be a rapist. The addition of the word “adjudicated” could move the claim outside of mere opinion.
Even without that word, it is considered potentially defamatory to claim that Trump is, in fact, a rapist despite the earlier ruling in New York. MSNBC and the show “Morning Joe,” for example, quickly retracted a statement that Trump was a “rapist.”
The earlier denial of the defamation case certainly would help O’Donnell, but it is not dispositive. More importantly, that is not all that she said.
The second claim is that Trump settled with the “children’s families” over abuse cases.
It is not clear what the basis for this allegation is, but Reuters reported months ago about fake headlines on the Internet claiming that prosecutors were considering “child molestation charges” against Trump.
It is not clear if O’Donnell can produce support for the claim. If she cannot, it would certainly constitute “per se” defamation.
The common law has long recognized per se categories of defamation where damages are presumed and special damages need not be proven. These include: (1) disparaging a person’s professional character or standing; (2) alleging a person is unchaste; (3) alleging that a person has committed a criminal act or act of moral turpitude; (4) alleging a person has a sexual or loathsome disease; and (5) attacking a person’s business or professional reputation.
Claiming that Trump settled child abuse cases would certainly trigger a couple of these categories.
The United Kingdom is generally a better jurisdiction to bring defamation cases than the United States, which has stronger free speech and free press protections.
In the United States, any such action would have to be brought under the higher standard. In New York Times v. Sullivan, the Supreme Court established the actual malice standard, requiring public officials to shoulder the higher burden of proving defamation. Under that standard, an official would have to show either actual knowledge of its falsity or a reckless disregard of the truth. That standard was later extended to public figures.
If O’Donnell had no credible sources for this claim, it would appear to be clearly a reckless disregard of the truth.
That she said this to millions of followers only magnifies the general damages presumed in such cases.
Unless O’Donnell can argue truth as a defense with credible support for such settlements, she may have just given Trump a golden opportunity to pursue his long-time critic. There is no love lost between these two, but there could soon be a defamation action.
I pray you listen to John Kennedy Jr. Alive,despite the horror he has been through. He has his father’s integrity,spirit.
Sam Adams is from heaven aligned.
You keep aware of fraud ” lawyers” Thanks.
I have the answer, stop power by deceit.
God bless you,
pegpullen@proton.me
Rosie has decided to leave the USA but cannot give up TDS. The woman should end comments on the USA and worry about where she lives.
And here’s ,me thinking that Trump is getting sued by O’Donnell because he called her fat. I thought she was moving to Ireland. There she could enter The Ms. Ireland Beauty Pageant and go as Ms. Donegal, & parts of Fermanagh & Tyrone.
Maith an fearr! [Good man!, “”as gaelige”]
TDS is defined as: “The inability to discern that a convicted felon is a convicted felon.”
If you could switch on or off TDS then it wouldn’t be considered a real disease.
God I wish Trump would sue her. But who knows?
He’s got bigger issues to deal with.
-G
Yeah, Trump’s got bigger issues like trying to sucker his base into buying Trump meme coins.
YOU bought into KAMALA! HA HA HA
Professor Turley,
Any comment on McDonald’s shorting The Donald on his Filet-o-Fish tartar sauce?
Is that a potential tort or just harassment?
LOL!!! 🤣😉
The 9th Commandment is that we must not commit false testimony. “You shall not bear false witness against your neighbor.”
Legal Context: The commandment is foundational for laws against perjury and slander, reinforcing the value of truthful testimony in court.
Everyday Life: It encourages individuals to speak truthfully in all situations, promoting a culture of honesty in personal and professional relationships.
Thou Shalt Not Covet
Thou Shalt Not Bear False Witness
Thou Shalt Not Steal
________________________
I want what America has, I really really really need “asylum” and 20 million of my best friends do too, and I am not leaving and I am taking America.
Prof. Turley may have just positively identified for us the deranged, incessant, juvenile TDS poster who haunts this blog. It may be the completely unhinged, morbidly obese, shrieking banshee O’Donnell herself…
My question is about what possible financial resources O’Donnell might be able to draw on to pay any judgement against her. AFAIK the last thing she did that enjoyed any objective success was her role in the movie “A League of Their Own”, and that was a very, very long time ago – I can’t imagine any possible residuals would amount to much.
“A League of Their Own”
That was a good movie..
For someone with a 60 IQ.
My dog liked it too.
OK, Rosie, we know its you, and there is no need to inflate your IQ…
Maybe you’re resentful that, even though you had a relatively small role, Madonna had to carry you?
That is a back breaking job for Madonna
So says the anonymous commenter.
Sounds like you got anonymous commenter syndrome – ACS.
Gotta ask, if its a juvenile, why are you scared of it?
Trump Derangement Syndrome Is Real And It’s Driving Therapists Crazy
“The manifesto also made a subtler point: that all the attention heaped on Trump is actually making it harder for therapists to do their jobs. Why? Ironically, they claimed that Trump’s campaign “legitimized the tendency of people to blame others for their fears and anxieties instead of taking responsibility…”
https://www.zerohedge.com/political/trump-derangement-syndrome-real-and-its-driving-therapists-crazy
What? Take responsibility for their own fears and anxieties? Cannot have that! “IT IS SOMEONE ELSE’S FAULT I FEEL THIS WAY!!!!!”
You sound like you got a case of DDS – democrat derangement syndrome. And, blame yourself.
Who except Leftwingnuts doesn’t have a severe case of DDS after the Clinton, Obama, and Biden regimes?
Upstate, the individuals you are describing are fundamentally fragile. Their attacks, whether directed at Trump, at you, or at anyone else, are attempts to compensate for that insecurity. Observe the weakness inherent in their anonymity, as illustrated below.
S. Meyer,
Well said! Yes, you are correct. Our leftist friends put on display their fragility, and insecurity for all to see, everyday here on the good professor’s blog.