When does calling someone a murderer amount to defamation?

A pro-life activist taking his case to the Texas Supreme court:

One of the most influential pro-life activists in the U.S. is taking a defamation lawsuit triggered by his calling abortion “murder” to the Texas Supreme Court, now with fresh optimism brought on by the U.S. Supreme Court’s reversal of Roe v. Wade.

Mark Lee Dickson, director of Right to Life for East Texas and founder of the growing Sanctuary Cities for the Unborn Initiative, was accused by abortion funds of defamation after he called them “criminal” groups that assist in the crime of “murder.”

Kyle Rittenhouse appears to be moving forward with defamation suits against news media and commentators related to his acquittal on murder charges:

He’s also singled out actor Whoopi Goldberg: “She called me a murderer after I was acquitted by a jury of my peers. She went on to still say that,” Rittenhouse told Fox News in February.

When is does calling someone a murderer amount to defamation?

I think that the abortion debate is so politically charged that nobody can reasonably make a charge of defamation.

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When it is:

  1. A statement of fact, not opinion
  2. Published, or communicated to another
  3. False
  4. Financial damaging
  5. Not otherwise priviledged.
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Go Little Kyle! Whoop Whoopi! :rofl:

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Now, in most states there is a special category of defamation called defamation per se, under which accusations of murder would fall:

  1. Statements that a person was involved in criminal activity;
  2. Statementa that a person had a “loathsome” disease;
  3. Statements that a person was unchaste or engaged in sexual misconduct;
  4. Statements that a person was involved in improper conduct regarding his business, trade or profession

But contrary to many Twitter lawyers, defamation per se only abrogates Element #4 listed above - the proof of damages. All of the other elements must still be proven.

And - as always - truth is an absolute defense to defamation.

:rofl:

Be sure to send him money.

Emotional outburst noted. :rofl:

No, that’s just his only win condition here.

You’re still flailing. :wink:

If you say so.

If you don’t send those checks, you aren’t really supporting him.

He can’t win without your help.

He said, as he came back for more and more after being triggered. :wink:

You talk a big game, but you won’t put your money where your mouth is.

Kyle Rittenhouse needs your help to win.

You’re not fooling anyone with your little outbursts. You may have the last word though. You need it more than I do. :wink:

I’ll send him a dollar.

Why not make it $100?

For the price of just one Starbucks Tall drip coffee a week, you could help fight the Deep State and help Kyle Rittenhouse defeat the MSM once and for all!

He’s already a winner.

Granted, a dollar isn’t worth what it was 2 years ago, but I work hard fo muh mun-ay.

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In the Rittenhouse case, no one is denying that he killed two men. The question is whether the killings are murder or legally protected self-defense. Whoopi stating her opinion should not be defamation, but a news program stating that Rittenhouse committed a crime may well be.

The same would be true for pro-life activists. Someone stating an opinion that abortion is murder is not defamation.

Of course by their own admission, actual news sources no longer exist. Everything is just opinion.

I suspect his lawyers smell a good payoff from deep pockets and are working for a percentage of the award.

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One civil suit has already been filed. And I suspect the second one will be filed shortly. Granted there was over $2M raised for his defense fund. But how much might a couple of civil suits cost him? This might get interesting.

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I suspect his lawyers smell a good payoff from Viewers Like You.