The Sullivan court stated that"actual malice " means that the defendant said the defamatory statement “with knowledge that it was false or with reckless disregard of whether it was false or not.”
Im guessing i wont get a honest straight answer - but i’ll try anyway.
Has Harris or Warren said “Darren Wilson Committed murder?” or just “Michael Brown was murdered?”
You may think there is no difference - but there is. For Libel you are going to have to prove damages. Remember -Court is not there to uphold a moral standard. There isnt even a law that says you cant lie to the public. Millions of people believe (Right or wrong) that Darren Wilson committed murder. Im not sure Harris and Warren repeating that claim rises to libel because Darren Wilson can not point to actual damages he suffered as a result of Warren and Harris making that claim. Esp since they don’t name him. In addition to damages, a plaintiff would have to prove that they made the claim KNOWING it was false. Lack of being charged is not the same as PROVING it wasn’t murder.
Someone else said it - If they said “Darren Wilson has been convicted of Murder” and they said that at a rally in a town he was being considered for a job. And then the hiring manager turned around and said “Sorry - Im not going to hire you because you are a convicted murderer” THEN it would be libel.
Example - If someone at a rally said “OJ Simpson is a murder!!! We all know it!” Is that Libel?
What are the damages from THAT person saying it.
All I gotta do is look at my Facebook to know exactly what they’re talking about. Got an old army buddy that wholeheartedly believes the 3 million illegal votes thing. Got another that’s the daughter of a physician, is currently a nurse, and babysat my sister and I a few times when we were kids. She pretty much buys into every conservative conspiracy theory lock, stock and barrel. And she’s even bought into the antivaxxer crap and had several posts deleted. And I remind you again: she’s a ■■■■■■■ practicing nurse!