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Media Suing Politico ‘being discussed’ by Cain camp? Yeah, Okay

Herman Cain campaign to sue Politico?

You can sue anyone for anything. But when you’re a public figure up against the news media, your chances of winning are about as hot as Lindsay Lohan‘s “Playboy” spread.

Friday morning Herman Cain‘s campaign manager Mark Block showed up on Fox News to talk about, what else? The old (yet developing) sexual harassment allegations Cain is facing. “If [the Politico article] was held up to the same standards as the code of ethics for journalism, the people involved with that would be fired,” Block said. Politico broke the story Sunday about sexual harassment claims brought against Cain when he was chairman of the National Restaurant Association in the late ’90s.

The host, Martha MacCallum, asked whether the Cain campaign had any plans on suing Politico. “It’s being discussed. End of story,” Block said.

But what exactly would they sue for? Block didn’t say, but if he’s thinking libel, he should think again. And that’s my expert legal opinion, despite never having been to law school.

Look at the requirements to successfully sue for libel, according to the Media Law Resource Center:

In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.

Did Politico‘s story harm Cain’s reputation? Not so far as the presidential primary polls indicate. He’s 1 point under Mitt Romney in a new ABC News poll. But maybe.

The statement(s) alleged to be defamatory must also have been published to at least one other person (other than the subject of the statement) and must be “of and concerning” the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.

Okay, got that.

The statement(s) alleged to be defamatory must also be a false statement of fact. That which is name-calling, hyperbole, or, however characterized, cannot be proven true or false, cannot be the subject of a libel or slander claim.

The Politico article stated that there were two formal complaints against Cain and two formal settlements. Cain himself has said as much. No false statement of fact there.

The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In most jurisdictions, private individuals must show only that the defendant was negligent: that he failed to act with due care in the situation.

So, as a public figure, Cain’s got to prove Politico “recklessly disregarded the truth” when they published their piece. They’ve got the sources and the papers to back up their story. What are his chances? Slim.

A defamation claim — at least one based upon statements about issues that are matters of public interest — will likely fail if any of these elements are not met.

That last bit might carry the most weight. It‘s an election and it doesn’t get anymore “matters of the public interest” than that.

Comments (21)

  • In detroit
    Posted on November 6, 2011 at 5:40pm

    Mr cain let it go move forward , very good professional advice and next time be careful who you smack on the $&@”€¥£% lol

    Report Post »  
  • pwatkins
    Posted on November 6, 2011 at 2:40am

    Cain admitted it after lying about it…what does that say about him? Then trying to throw Perry into it…that was another cheap shot from Cain. Why are some of you protecting Cain for being a liar…we deserve better and better sure isn‘t Obama if that is what you think I’m getting at. I would vote for anyone or anything over Obama, just ready for honesty in the WH and I don’t see it coming from Cain.

    Report Post »  
    • JohnnyMidknight
      Posted on November 7, 2011 at 12:27pm

      He admitted to the charges, but not the actions. There is a big difference in the two. You should really think about that before posting like you did. You are posting falsehoods.

      Report Post » JohnnyMidknight  
    • Mary Christian
      Posted on November 12, 2011 at 11:18pm

      Oh my, talking about Obama. The Babycider, the best friend of terrorist, the best friend of mobs, …
      Herman Cain is million times better than Obama for the president of America. America the greatest country has been trashed by the O! O did so fast job to destroy its economy, moral, decency, dreams and hopes, and all. Herman Cain is the way for Americans to have dreams again.

      Report Post »  
  • TimAZ
    Posted on November 5, 2011 at 9:04pm

    This foolishness on the part of politico will only serve to galvanize conservatives support for Cain. I wouldn‘t be surprised if a wealthy conservative or two didn’t put up a reward for anyone that comes forward with any kind of sordid behavior on the part of the staph and management of politico. This could be called “Flynting” after Larry Flynt and his strategy of character assassination he has engaged in against conservatives running for political office in past years. This would be an interesting spanking that the public could deliver against the old left media that insists on practicing yellow journalism. Then again they probably lack the qaulities necessary to experience even the smallest amount of shame.

    Report Post » TimAZ  
    • TimAZ
      Posted on November 5, 2011 at 9:05pm

      Yes I spelled it staph like the infection.

      Report Post » TimAZ  
  • RodentKing
    Posted on November 5, 2011 at 8:39am

    Perry should sue this low life BS artist Caine for calling him a racist.
    This Caine is no different then Obama and will use the race card everytime his polls drop.
    Millions of Republicans won’t go to the polls if they make Caine the nominee. He’s a phony especially with his Jive 9 9 9….

    Report Post »  
    • HumbleMan
      Posted on November 5, 2011 at 1:03pm

      @RodenTheKing

      You are mistaken if you think Republicans will stay away from the polls, no matter who runs against Obama.

      We conservatives know what a lynch-mob looks like … you democrats have been doing it for decades.

      The article says: “They’ve got the sources and the papers to back up their story. What are his chances? Slim.” … What sources? What papers? … So far they have nothing of any substance, and nothing resembling “paper”. Cain didn’t sign the “agreement”. He wasn’t party to the “agreement” and the matter is sealed, just like Barry’s college records. He could no sooner tell you what’s in it, than he could what Barry took in his senior year at Occidental (if he really was there).

      This is a “hit-job”. Politico can’t stand the thought that a real black-man would run against milky-white Barack.

      Report Post » HumbleMan  
  • raderby
    Posted on November 5, 2011 at 7:43am

    Politico lied. MSM lied and is lying still. Public slander? Maybe not quite. But OWS should be occupying media outlets, since ALL of them have devolved into propaganda machines. Note that the “Lawyer” for one of the accusers is a former Clinton dude. ‘Nuff said? Racist Bill with his new book coming out exercising his puppet power on behalf of some owed junk to Obama, and hoping to knock off the TEA party, which is the real target??? DO NOT any of us realize just how frightened of the TEA party the DC bunch are? We follow, wish to follow, the Constitution, and they lie and slander us. Wow, how far off the real world are the DC and MSM bunch? RE-DOUBLE the TEA party efforts, becuase DC is shaking in fear…….I say keep them afraid…. very afraid.

    Report Post » raderby  
  • lylejk
    Posted on November 4, 2011 at 6:40pm

    I just thought of the next Liberal lamestream media spin. Since this attack actually backfired, they will now say that Herman Cain‘s camp actually released this feux story knowing that the Republican folk wouldn’t believe it and actually not only stand by Cain, but bring him up in the polls. lol

    Watch it on MSNBC tomorrow. :)

    Report Post » lylejk  
  • lylejk
    Posted on November 4, 2011 at 5:13pm

    Just another observation. This manufactured story by the media not only failed, it proved to them how inconsequential they‘ve become and that’s what’s really scaring them. They can’t even make up believable news anymore. lol

    You go Mr. Cain; I still have your back. :)

    Report Post » lylejk  
  • NOBALONEY
    Posted on November 4, 2011 at 3:48pm

    Don’t waste your time! Washington Post and its puppet Politico‘s ’Yellow Journalism” is going to milk this for all it’s worth.

    Report Post » NOBALONEY  
  • jamht1972
    Posted on November 4, 2011 at 3:03pm

    Cain is having a tantrum. This is the USA, not the old Soviet Union. He is running for the presidency of the U.S. We know that a woman was given a rather large settlement by the National Restaurant Association, which Cain was the head. If every time he gets criticism or a story comes out about thim, he is going to sue? What kind of president is that? Pathetic.

    Report Post »  
    • The Eradicator
      Posted on November 4, 2011 at 4:34pm

      Well, lets see…they (you know who they are, unless you are a complete, oblivious DOLT) are purposely dragging this man’s name through the mud!…this shoddy, and I mean shoddy attempt at journalism is what is pathetic.

      And judging by your message, you are a lib. A BO supportin’ lib.

      There may be nothing more sad, and pathetic, than the sheep like you voting for an unvetted, unexperienced, all I run on is hope and change President in Barack Obama.

      That is true sadness, and unfortunately for you, true hopelessness.

      Report Post » The Eradicator  
    • HumbleMan
      Posted on November 5, 2011 at 1:07pm

      Gee … every time one of the states tries to enforce the immigration law, all our POTUS does is sue the states. What kind of man is that? …

      Report Post » HumbleMan  
    • JohnnyMidknight
      Posted on November 7, 2011 at 12:34pm

      @ jamht1972 Mark didn’t say “Cain” was going to sue, just that it was discussed by his campaign. Unless Cain says it himself, be careful of throwing accusations. The topic being discussed could be Mark Block bringing up the option to Cain and Cain saying no. The facts are too fussy to draw your line of conclusion, which is just as bad as what Politico did.

      Report Post » JohnnyMidknight  
  • JustPeachy
    Posted on November 4, 2011 at 3:03pm

    We the people should sue them for boring us to death with non stories that are going nowhere very quickly! LOL

    And Mr. Scarry, can you BLAME Mr. Block for his feelings on the topic?!? C’mon. They’ve been hounded on this for five days with no real substance being presented. Give him a little slack. You just might feel the same way if you were in his shoes.

    Report Post » JustPeachy  
  • johnpaulkuchtajr
    Posted on November 4, 2011 at 2:32pm

    Hey, go ask the family of Mary Jo Kopechne about what real sexual harassment looks like.

    Report Post »  
  • lylejk
    Posted on November 4, 2011 at 1:08pm

    I wouldn’t sue; I would continue to rub Politico until they either put up or shut up. 5 days and still no names; only lawyers. You can’t defend yourself against a faceless accuser; this should never have been released unless the accusers were unmasked but of course the the lame stream media in the left’s pocket will do anything to try to ruin a conservative. The folk are seeing through this rouse which is a good thing. Cain’s actually (and deservingly) moving up in the polls too. I still have and will continue to have your back Mr. Cain. Just keep smokin’ the RiNOs and when you get the not, BO too. :)

    Report Post » lylejk  
    • cemerius
      Posted on November 4, 2011 at 2:35pm

      I would think a large handful of Voters should sue them for trying to dissrupt the political process with slander and deception. What they are trying to do is disrupt the political process and infringe on my rights as a voter to make an informed (factual) decision on what candidate I would like to pick! The information they have provided is to me nothing more than playground gossip and the National Enquirer has more credibility than they do as of now.

      Report Post » cemerius  
    • lylejk
      Posted on November 4, 2011 at 3:35pm

      I agree with you Cemerius. Cain shouldn’t sue; we should. We have a right to get truthful non-filtered news. If these so called accusers stay hidden, I say this is not truthful and should not be news. This is, pure and simple, gossip at best and slander right now since there is no open accuser. The lawyers should be charged as such. ‘Nough said. :)

      Report Post » lylejk  

Comments are closed.

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