Former Secretary of State and two-time presidential loser Hillary Clinton has triggered yet another question of defamation in the political arena with an attack on President Donald Trump on the fifth anniversary of the January 6 riot. Clinton claimed that Trump “urged” supporters to “attack Congress.” That is untrue. However, Clinton can rely on tort doctrine to shield her from potential defamation liability.
Jan. 6th was a desecration of our constitutional process and one of the most disgraceful days in our history.
However, it was a riot, not an insurrection.
Clinton posted her comment on X, declaring, “Five years ago today, Donald Trump urged his supporters to attack Congress and the Capitol over a proven lie.”
The comments mirror statements made by the J6 committee and others. The difference is that many of those statements were protected by members of Congress under the Speech and Debate Clause.
I previously wrote about how the J6 Committee in Congress routinely edited out Trump’s call to protest “peacefully” despite objections that it was intentionally omitting a material element to his speech.
Trump was never charged with inciting the riot despite pledges of Democratic D.C. Attorney General Karl Racine to investigate Trump for that crime.
The reason is simple. It was not criminal incitement and Trump’s speech was protected under the First Amendment.
The same, however, may be true with regard to Clinton’s posting. Her claim is clearly false. Trump did not urge his followers to attack Congress. He urged them to go to Congress peacefully to protest the certification of the election.
However, American tort law offers robust protections for free speech, particularly when related to political figures.
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.
The court correctly viewed civil liability as creating a chilling effect on the free press, either by draining publications of funds or inducing a type of self-censorship. Imposing a high standard for proof of defamation, Justice William Brennan sought to give the free press “breathing space” to carry out its key function in our system.
The case established a higher standard of proof for defamation than simple negligence for public officials. The court believed that public officials have ample means to rebut false statements, but that it’s essential for democracy for voters and reporters to be able to challenge government officials.
There is also protection for opinion. The issue comes down to the meaning of “urge.” Merriam-Webster defines the word as including “stimulate or provoke” as well as “solicit.”
Clinton would claim that she considers the thrust of his comments as effectively urging the violence even if he did not directly call for violence. Many Democrats obviously share that view.
Many have made unsupported and at times ridiculous claims that are equally protected as opinion. For example, Harvard Law Professor Laurence Tribe has made a litany of such claims, including his declaration on MSNBC that President Donald Trump could be charged (“without any doubt, beyond a reasonable doubt, beyond any doubt”) with the attempted murder of former Vice President Michael Pence.
Ironically, while Clinton has called for crackdowns on people who she deems as spreading disinformation, she has been criticized for such false or misleading statements.
Nevertheless, Clinton’s posting would not make for a strong defamation case, and even if a court did not dismiss the case before trial, it would be challenging to secure a jury verdict on such subjective terms.
January 6 was neither a riot or an insurrection. I watched the events as they unfolded on web sites where the events were being streamed. The entire event was peaceable until somebody inside opened up the doors to Congress. Democrats and the media exaggerated the damage to the rotunda, which consisted of one table turned over and a broken window, which turned out to have been broken by a video-journalist. The only violent actions were by members of Capitol Police, who beat one woman to death and shot another one. Many of those in the crowd were military veterans and active duty and members of law enforcement. Not a single member of the police was injured by those who were there protesting the election, which has turned out to have had some serious irregularities in spite of the claims of Democrats and the media.
J6 was the first attempted coup in US history, and Trump spearheaded it.
Dream on…
Yes, and most of the attempt was committed BEFORE Jan 6th. That day saw the messy collapse of a 6 weeks of extra-legal chicanery.
Were the assassinations of Lincoln and Kennedy previously attempted coups?
Go see a medical professional about your severe case of Cranial Rectal Inversion Syndrome.
OK. BRB.
The issue is not whether Clinton could be sued for her comments, but rather do people understand nature of her false statements. The best way to respond to such actions is to bring the falsehood to the light of day as you are doing. Thank you.
These demonstrably false accusations have become a back-up alarm. We just don’t hear it or pay attention anymore!
Yes slander, libel and defamation are all reasons for a lawsuit. What she said is a provable lie to slander and defame President Trump. While we have free speech is does not make us free from the consequences of our speech.
“What she said is a provable lie …” Would you like to prove that statement.
If her claim were brought before a Jury in Defamation Court, with adversarial presentations, Trump would not be able to cover-up the work Bannon, Meadows, Giuliani and Kerik were doing at the Williard Hotel. It would be subject to subpoena and compelled deposition under oath. Remember, Bannon did 3 months in Danbury prison rather than come clean about the Williard Warroom.
The US Court of Law is NOT a place friendly to infowarfare and infowarriors. It is where infowarriors are brought to heel. Trump found this out the hard way.
Speaking of which, the Judge in the Maduro case has heard a claim from Maduro that he is the President of Venezuela. That Judge should call a hearing, and have both sides present evidence as to whether that claim is truthful. That could be a great teaching moment about our Courts’ preference for truth and evidence over phony, self-serving lies.
It should. That’s the whole point of rights: not to be punished for doing something that is frowned upon by the powers that be.
I have suspicions that she might be an alcoholic, but her media goons make it challenging to get at the truth–kind of like not knowing who actually won in Georgia.
We all have suspicions that diogenes might be an alcoholic. Would you like to comment?
Nobody has suspicions that I’m an alcoholic because unlike Hillary:
(1) I didn’t fall and konk my noggin in the middle of the night, requiring medical assistance
(2) I didn’t appear inebriated on a plane full of correspondents
(3) I didn’t stagger to a limo with cameras rolling.
There might be innocent explanations for all of these episodes, but as with Joe’s mental fitness, who can trust the explainers?
didn’t stagger to a limo with cameras rolling.
_________________________________
Heck she had to be lifted into the limo like a huge bag of cement.
LOL! True.
Diogenes,
You also have some of the most lucid, intelligent and logical comments.
Cannot say the same for the annony morons.
🙂
If you have video and audio indicating possible intoxication on Diogenes, please share the link. Most of us have seen Mme. The Eternal Wannabe in questionable condition. I don’t jump to the conclusions does, though I think it possible he is right, but you are just moronically nasty.
Have no fear, Ellen. Liberals have given me such a bout of high blood pressure that I’ve sworn off Ouzo completely. I’m a model of temperance, but Anonymous remains as nasty as ever 😉
I have known a number of alcoholics; none expressed him- or herself as cogently as you do! No worries on my part! I drink wine every moderately. But these progressives do prevent low blood pressure attacks, for certain.
Ellen, excellent statement and an appropriate accusation of Anonymous.
Thank you. Sometimes comments want you to make them – with apologies to Raymond Chandler, from whom I borrowed the phrasing.
Or just maybe you are the drunk
Diogenes, I would not directly call her an alcoholic, because firm proof without her admission or that of those around her is nearly impossible. She is too protected, and her disinhibited behavior over many years can always be attributed to other factors, like illness or aging. Yet such factors generally worsen with time and become more apparent. It is also common for public figures to deny alcoholism or illness. My question relating to her possible alcoholism has become stronger with time.
Good points, Allen 🙂
And here we have yet another comment by S. Meyer in which he projects his own problems with alcoholism.
When unable to respond cogently and coherently to others who criticize him, Meyer inevitably resorts to churlish insults of alcohol abuse on the part of his critics. This has been a standard approach by Meyer for many years here, and it is quite clearly projection of his own shortcomings with regard to alcohol abuse.
In one of his recently posted boorish and oafish insults, he included the names of several brands of cheap rotgut that are favored by those who live beneath the overpasses of the NJ Turnpike. He is obviously intimately familiar with this sub-culture and the cheap booze that he and his fellow alcoholics imbibe on a daily basis.
Anonymous, don’t pass your failures on to others. Alcoholism and nastiness are your devil, which is proven every time you reply.
“Those who live beneath the overpasses of the NJ Turnpike”
When a Democrat disparages people living under the NJ Turnpike, it’s called friendly fire.
S. Meyer,
Very interesting analysis and assessment.
I think she truly believed she would win the election in 2016 and Trump won, I think something went snap in her head. I mean she already had the humiliation of the loss to Obama, a community organizer and junior Senator. Then to lose to Trump too? I think it was too much for her. She has said, in public, “I think it’s also critical to understand that, as I’ve been telling candidates who have come to see me, you can run the best campaign, you can even become the nominee, and you can have the election stolen from you.”
That was in May of 2019.
Here we have yet another comment by S. Meyer in which he projects his own problems with alcoholism.
When unable to respond cogently and coherently to others who criticize him, Meyer inevitably resorts to churlish insults of alcohol abuse on the part of his critics. This has been a standard approach by Meyer for many years here, and it is quite clearly projection of his own shortcomings with regard to alcohol abuse.
In one of his recently posted boorish and oafish insults, he included the names of several brands of cheap rotgut that are favored by those who live beneath the overpasses of the NJ Turnpike. He is obviously intimately familiar with this sub-culture and the cheap booze that he and his fellow alcoholics imbibe on a daily basis.
If you can’t remember you posted a minute ago, the problem isn’t the platform, it’s the bottle.
Hillary believed herself to be Cinderella.
Hillary believed herself worthy of the crown.
Hillary demanded the high life.
Hillary got the lowlife.
Hillary is the lowlife.
What proven lie is she referring to? Fraud has now been confirmed in several states. Perhaps not widespread, but it DID happen.
It’s indisputable that Democrats DID exploit Covid to change voting and balloting rules at the last minute in many states, creating boatloads of “irregularities”.
We now know Fulton County GA – overwhelmingly Democrat – unlawfully certified over 300,000 votes.
We know elections in AZ, MI, and PA were a mess.
We know “ballot harvesting”; same day registration; no excuse absentee voting; and mail in voting ALL make it both much easier to cast illegal votes and harder to detect and prosecute illegal voting. We know the ONLY rational reason why CA has made it illegal to require and check for a valid photo ID to vote is to facilitate illegal voting.
The lie she must be referring to as “proven” is the false Democrat/media lie that the 2020 election was the most secure election ever.
Notice the complicit media organizations – NBC, ABC, CNN, continue to emphasize the “lies”part of the 2020 election. The only group that did not was new Editor in chief Bari Weiss’ CBS News with Tony Dokoupil. I’m sure the leftovers from the old regime were gritting their teeth about that…
Sooner or later, loose and uncertified elections like 2020 will lead to major unrest. J6 was nothing compared to what could happen. Democrats–as usual–are reckless on this issue.
Those 300,000 votes were going to get counted no matter what. Discarding them would have been an assault on democracy.
It seems like we are getting closer and closer to discovering that the 2020 election was indeed stolen!
Georgia and Pennsylvania have admitted to the ‘irregularities.’
Fulton County admits rule violations involving 300,000 ballots tied to 2020 certification – rockymountainvoice
Forensic analysis appears to show that Dominion machines switched votes from Trump to Biden – naturalnews
Truth Prevails: Court Rules 2020 Election Fraud Did Happen in Pennsylvania – americanlibertyreportnews
Pennsylvania’s top court has ruled that mail-in ballots marked with the wrong date will not be counted. – bbc.
Savage’s suit claimed that Trump and the poll watchers engaged in “deliberate, malicious, and defamatory statements and insinuations” for talking about what they saw Savage do in the warehouse.
Savage was untrained and unauthorized to insert v-cards into vote tabulation machines, and they observed him insert a now-missing USB v-card into machines 24 times while the votes were being counted.
Savage and his attorney knew at that point that they had lost the case. In the hearing this week, the judge was going to rule on a motion from Stenstrom and Hoopes to dismiss the case, after they had argued that “truth is a complete defense.”
Instead of saying that Trump has “lost 60 election cases,” we should tell the truth about what has happened. Trump won the first three election fraud cases he filed in 2020, based on the evidence. It was at that point that the memo went out to the courts to dismiss all cases for lack of standing. That’s not “losing” a court case. It means the case never happened in the first place.
Savage v. Trump et al is now the fourth election case since 2020 where a judge has bothered to look at the evidence of voter fraud. Trump has been victorious in 100% of the court cases where the judges have looked at the evidence.
Al Capone ran all sorts of illegal ops: gambling, alcohol, prostitution, extortion, murder. He was nicked for tax evasion. Not quite justice but it got him off the streets.
DOJ ought to be able to incarcerate The Hildebeast based on her actions with respect to her illegal email server or the shennanigans involving the Clinton Foundation.
There seems to be a reluctance on the part of politicians to prosecute other politicians in a wholesale fashion. Probably a silent mutually assured destruction situation.
They’ve already conspired at the highest level to get Trump. Time to respond big league.
Al Capone? Nope, wrong century and foolish analogy.
Email serve? Nope. Statute of limitations.
Prosecute? Nope. Statute again. And facts.
Big league? Nope again. Only a fool would suggest that.
There is plenty of suspicious history that indicates that the Clintons are possibly criminals. The Capone analogy, while a bit loose, still fits.
I understand the statute of limitations for espionage is ten years unless a capital offense was involved. Did anyone die as a result of Hildebeast’s actions? Dept of State email leaks? Benghazi?
The Clinton Foundation still exists so there is hope on that front too. Even old actions are still prosecutable if there is an ongoing coverup, no?
It is foolish to dismiss the possibility that Bill and Hill are not squeaky clean as of even date.
While Hillary might not be liable in tort for defamation, she is unquestionably liable as being a leader among the nation’s current XX Harpies.
Nah. Just ignore her. She is, as noted, a two time presidential loser. She is also an election denier, and a conspiracy theorist. She is no longer relevant.
You also are an election denier, and a conspiracy theorist. You are not relevant.
Are you age 4? Because your comment reads as if you have not progressed past that age. Odd, for a progressive to refuse to progress himself.
Ellen Evans,
Well said and thank you Ellen for pointing out how progressives only progress is to regress to a very juvenile mental state which they put on full display for all of us to see. That is one advantage of their comments; They prove to the rest of the world here on the good professor’s blog just how child like they are in their thinking.
And they wonder why sane, normal, moderate and traditional Democrats want them out of their party.
What election did I deny? What conspiracy theories have I spoken of. If it were not for me or farmers like me, you and your whole family would of starved by now. Every time you go to a grocery store, you should be thanking me for providing you with the food in your cart, in your fridge, in your freezer or on your plate.
Dick Cheney supported Kamala Harris over Donald Trump.
His daughter forced him; He was certifiably senile.
Ano
Dick Cheney also passed away.
So have the Founding Fathers.
Can we please have a low-maintenance president for the sake of stability. This is ridiculous.
Low-maintenance presidents got us into the morass of corruption in which we currently find ourselves. Conflict avoidance just lets the parasites reproduce. I voted for this. I just wish he would expose and neuter Israel’s influence and bring them to heel.
Oh a Jew hater among the intelligentsia.
I suspect your mind has gone rancid.
Jew hater???????????
Biden maybe
Hate does not enter into it. Your equating any criticism of Israel with antisemitism is the same as the whacky Lefties constantly equating Trump to Hilter.
In my opinion, Israel has crossed a line in its relationship with the US.
It seems normal for allies to lobby each other on policy matters and to keep an eye on each other to assess the status of the relationship but Israel went beyond that.
Not content to be a favored ally, Israel has attempted, and often succeeded, by multiple methods, to control the relationship to its advantage.
The pro-Palestine Left is truly insane but recognizing that the relationship with Israel is problematic is no longer limited to the Left. Trump is caught in the middle.
Good luck repairing things.
Old Fish, there is no rejection of legitimate criticism of Israel. What stands out is your continued focus on Israel without mention of the greater problems caused by the actions of many other countries. That selective lens can make some suspect severe bias, and even antisemitism, even if that’s not your intent.
Every country acts in its own self-interest, even allies. Israel’s case is unusual. Despite being a favored U.S. ally, U.S. policy has often directed or restrained Israel in ways that serve American interests but compromise Israel’s security. These interventions have contributed to repeated conflicts over time, particularly since the U.S. prevented Israel from fully defeating its Arab neighbors.
It may be worth reflecting that the U.S. State Department has favored Israel’s Arab neighbors, using its friendship with Israel as leverage to shape Israeli actions in ways better for the U.S. Oil and East-West problems dominated American policy.
OldFish says: >i>In my opinion, Israel has crossed a line in its relationship with the US.
Not getting a fair buck in exchange for what Israel does to project US policy in the Middle East so we don’t have to cry about “boots on the ground” by doing it ourselves? We couldn’t/didn’t have the will to take out the leaders of terrorist groups that have been murdering Americans for decades – but they did.
Not getting a fair buck in exchange for the technology and intelligence that we get from Israel and the weapons development and technology that they create in their version of Silicon Valley?
In my opinion, the US is better off with at least that ONE democracy in the entire Middle East, Israel, whose enemies are also our adversarial nations and terrorists, than having nothing but a Middle East Caliphate spanning the entire Middle East as the alternative.
But what the hell… From The Jordan River To The Sea Shall Be Muslim. Much better to deal with that relationship rather than with Israel!
That will never cross the line Democrats created for our relationship with Iran!
I just wish he would expose and neuter Israel’s influence and bring them to heel.
Personally, I like them so effectively killing our enemies in the Middle East who have never stopped murdering Americans since their Saint Yassar Arafat made the Palestinian Liberation Army, Fatah, et all the trademark for terrorism targeting America and Western civilization. Them doing it reduces the times we have to send Americans there to kill them in defense ourselves.
But still… gotta hate them filthy Jew-boys terrible influence in the Middle East over the Democrats favorite terrorists in Iran and their terrorist groups killing Americans and howling “Death To The Great Satan”.
Maybe the money the unindicted terrorists in CAIR is spending in America can help bring the Jew-boys to heel!!!!! We need MORE hajji Islamic terrorism here in the USA to be more diverse – not less!
Why? They get walked on and run over by their assistants and ‘staff’ who end up running the country into the ground for their pet projects because they have no accountability. F#*K stability! It’s not a stable world. Just because you can’t take a little turmoil in your life – He is standing up for America and for free countries around the world. America First means do fair business with us and others or else….
You got Biden. Plus 20 million illegals too.
Can we please have a low-maintenance president for the sake of stability. This is ridiculous.
Ahhh… how you miss the old times of physically unstable staggering, tripping, and wandering Bribery Joe Biden on the physical world stage being led around by the hand by kindly other nation’s leaders. Yet, at the same time, managing to continue selling America to Iran, Russia and the family’s best customers, the ChiComs.
The low-maintenance, “sharp as a tack and working his young aids to the point of exhaustion” Oval Office House Plant… requires only having diapers changed once a day and an ice cream cone twice a week!
Ah… great times, hey!!!!!!
BRIBERY JOE FOR PRESIDENT IN 2028!!!!!!
Can she be sued? Better question: can she be shot a firing squad?
It would be a waste of ammo but truth to power, equity, yada yada
“Can Hillary Clinton Be Sued for the False Claim About Trump’s J6 Culpability?”
Of course, but the trouble is finding a willing Attorney to do so.
Or a Priest to perform an Exorcism.
Or a Wildlife Specialist versed in Wild Hyenas.
Or a Island where she can be sentenced to live in solitude and exile.
Hilary’s condition is terminal, there is no cure.
Kinda like Mental Leprosy.
She can fade away.
Great – I’m all for it, the sooner the better.
Clinton is getting what she deserves: being ignored. The most effective way to show disdain for a tyrant is to ignore them.
JJC,
Well said!!
show disdain for a tyrant is to ignore them…. Nope. As long as they live there is a possibility … that someone would demand a firing squad for a defamation suit is certifiably stupid.
Why give Hildabeast to many electrons, Professor? She’s a proven nobody if she hadn’t hitch her wagon to Bill’s career. A MEAN nobody at that.
Whether she can be sued is of less importance than the fact that she destroyed servers and phones that were under subpoena and nothing was done about it. While Ashley Babbitt was murders by a police officer during the Jan protest march, many lost their lives in Benghazi through her actions as a member of our government and no one held her accountable. We all expect, and then disregard, her foul spewings, the Benghazi affair still rankles and will be a blot on our nation’s history forever.
You’re all over the map. Slow down, take a deep breath and try again.
As for foul spewings, please review your past content.
Are you still here? Haven’t you been given enough not-so-subtle hints to vacate the premises with your prog/bot nonsense and vitriol? Shoo fly, don’t bother us.
Babbitt was the only J6 traitor who got true justice.
Babbitt was the only J6 traitor who got true justice.
If that’s the legitimate definition of a traitor and justification for extrajudicial execution, you and most of your fellow Democrat street thugs in Antifa and Black Liars & Marxists would have been shot dead also at point blank range and buried in unconsecrated ground LONG before election day in 2020. Rioting would have become risky business long before the election.
Most of you would have been similarly executed while actually holding weapons in your hands and in the process of attempting to use them against police. Unlike Babbitt who was not armed and not assaulting police.
Babbitt was the only J6 traitor who got true justice.
One of your fellow female Democrat traitors just got the same version of true justice. Except this one was actually armed and acting on Democrats’ instructions to kill cops when shot and killed during that attempt.
Your comments have to be sponsored by either Soros or else you are in the final mental decline of advanced TDS. Either way, you bring nothing but the lingering odor of an outhouse.
She is an attorney. Perhaps she would like to explain what part of “peacefully and patriotically make your voices heard” is illegal, or even offensive.
Dear Mr. Turley, Folks like Mrs. Clinton still can’t believe that Mr. Trump had been elected President in 2016 and again in 2024. So, because of that, she keeps repeating a debunked talking point regarding January 6, 2021. These people will never get over the fact Mr. Trump is doing just what we hired him to do: 1. Secure the borders, 2. work to brings lost jobs back to the country, 3. root out wasteful spending, 4. change tariffs that will benefit the economy, the list goes on of the good he has done. How about the wars he has stopped? Eight and counting.
Of course, he can. Moreover, Trump will if he can see any profit in it. However, Hillary is for all intents and purposes is a dead mare in running for anything, even notoriety. Let her remain so, may be Trump’s final reasoning.
Of course Clinton does not allow comments on her post. That is all you need to know.