Quote Quoting LawResearcherMissy
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So, I guess you've never heard of Rush Limbaugh?
actually, that makes it more likely that it is seen as defamation. It makes it much more likely the victim to be damaged. If I say something, nobody cares. If a big radio personality says something, everybody believes it.

certifiably insane: unless it is true, it is defamatory. In fact, it is defamation per se which does not require a party to prove injury to win. The injury is intrinsic in the statement. Indiana is one of the states that accepts such a statement as defamation per se.

white trash; given the position of the speaker, quite likely to cause damage. Claiming opinion is not a defense here unless the statement was very carefully worded to make it clear it was only the speakers opinion.


an embarrassment to their family: unless the injured party's family will testify they are embarrassed, it is defamatory.



and even larger problem is the fact the statements were made with malice. That is an element only required when the speaker defames a people of public concern yet it is present in these statements.

Quote Quoting gedwardmusic
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Ah but Ms. Fluke was and is a public figure as she is a professional activist. Limbaugh can defend himself by claiming the use of satire if nothing else. This is a private citizen being bullied and harassed by a public figure in front of approximately 400,000 people (according to their Arbitron ratings) over the course of several months.

actually he can't but the problem: for it to be defamation when dealing with public figures; it must be shown the statement was made with malice.