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That may be
First, I think there might be some debate as to whether it would be slander or libel.
In any case, in the immortal words of Perry Mason, "Truth is an affirmative defense against libel." All Trump would have to establish is that the NYT knowingly published something that wasn't true. Assuming there is a legal definition of "fake news" that includes knowingly publishing inaccurate information.
originally posted by: gortex
I just wish he was FAKE NEWS! and the real President would emerge from behind the curtain.
If it isn't from @realDonaldTrump then of course it's FAKE NEWS!
originally posted by: ganjoa
a reply to: justneo
That may be
First, I think there might be some debate as to whether it would be slander or libel.
In any case, in the immortal words of Perry Mason, "Truth is an affirmative defense against libel." All Trump would have to establish is that the NYT knowingly published something that wasn't true. Assuming there is a legal definition of "fake news" that includes knowingly publishing inaccurate information.
NOT TRUE - President Trump would have to prove ACTUAL MALICE (NY v. Sullivan) since the conduct involves a public figure and the press. To my knowledge, the actual malice standard hasn't been met, but I'm no lawyer. Point being that the standard of proof is more rigid than merely posting knowingly false information unless there was actual malice involved.
ganjoa
originally posted by: Profusion
Trump: New York Times is 'fake news'