(April 19, 2018 at 5:42 pm)Joods Wrote:(April 19, 2018 at 5:25 pm)johan Wrote: If that's going to be his defense, he'd better find a better lawyer fast. 1st amendment doesn't protect you from civil suits.
It does if what the plaintiff suing for, can't be proven. See Jor's post on this.
No it doesn't. Jor is correct that you need to prove damages in order to win a defamation suite. But regardless of whether that is possible or not, this is still a civil suit which means it has absolutely nothing to do with the 1st amendment.
As for the damages? If I understand the process correctly, you don't have to convince a judge in the matter, you have to convince a jury. A jury full of schmucks who aren't even smart enough to know how to get out of jury duty. Seems to me, if you stack that jury full of people who have had a child or who know someone who has had a child, or who have met a child themselves at some point during their adult lives, you might have too tough of a time convincing them that the pain and suffering these parents experienced was made worse by the repeated public claims that they were faking the whole thing.
Still seems like it'll be a tough case to win. But I don't think it'll be impossible.
