Donald R. McClarey

Cradle Catholic. Active in the pro-life movement since 1973. Father of three and happily married for 35 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.

6 Comments

  1. OT, Donald, and I’m sorry, but I’m wondering if Limbaugh has a good case if he decides to sue for defamation. I opined so on another blog: after all, the bid process is supposed to be secret, but Rush’s bid was leaked to the press. He was then defamed as a racist by people who used made-up quotes attributed to him. It sure looks like he has a case to me, but then I remembered, I’m no lawyer. And the law certainly can be an ass.

  2. Under current case law Donna it is very hard for a public figure to prove defamation. However as a practical matter I think he should sue. The legal costs are of absolutely no concern to Limbaugh, his ratings, already sky-high, would continue into the stratosphere, and he would reveal his critics in the deadstream press to be lazy recyclers of made-up garbage from the internet.

  3. Don is right about the difficulty of a public figure making a defamation case. That said, the standard is not impossible by any measure. What RL would have to show is that the defendant news outlets published false statements that were harmful to RL’s reputation with reckless disregard of their truthfullness. If indeed, for instance, CNBC falsely attributed a racist statement to RL, it would have to demonstrate that it too some effort to confirm the accuracy of the attribution, and did not just recklessly publish it.

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