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This gay dad was called a 'pervert homo' by a right-wing talk show host. Now, he's suing (www.advocate.com)

submitted 3 months ago by jeffw@lemmy.world to c/news@lemmy.world

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[–] tal@lemmy.today 6 points 3 months ago* (last edited 3 months ago) (1 children)

This gay dad was called a 'pervert homo' by a right-wing talk show host.

That could lead to an amusing court case, as one of the common defenses against slander is truth, so it'd probably be a route for the defense attorney to try.

https://www.findlaw.com/injury/torts-and-personal-injuries/defenses-to-libel-and-slander.html

Truth as a Defense to Libel and Slander

The common law (law developed over history by courts) traditionally presumed that a statement was false once a plaintiff proved that the statement was defamatory. Under modern defamation law, a plaintiff who is a public official or public figure must prove falsity as a prerequisite for recovery. Some states likewise now require falsity as an element of defamation that any plaintiff—even a private individual—must prove in order to recover. Where this is not a requirement, truth serves as an affirmative defense to a defamation claim (cause of action).

The applicability of the truth defense is strong against all types of defamation lawsuits, including defamation per se actions, where a plaintiff does not need to prove actual damages. A defamatory statement does not need to be literally true for this defense to be effective. Courts require that the statement is substantially true for the defense to apply. This means that even if the defendant states some false facts, if the "gist" or "sting" of the communication is substantially true, then the defendant can rely on the defense.

Defense Attorney: "Your Honor, clearly Exhibit 11 demonstrates that the plaintiff is a pervert homo!"

Probably not what you thought you were gonna be doing at mid-career after going to law school.

[–] Zron@lemmy.world 8 points 3 months ago

Key word there is pervert.

Using homo as a derogatory term for a gay man may in fact be totally legal, if morally foul. But calling a father a pervert who has interest in his children is the real defamation here, and the real point of what this idiot was saying.

As long as it is true that this father never abused his kids, then it’s kind of a slam dunk defamation suit. You can’t just go around calling people perverts towards children, those kind of accusations do serious harm to social lives and job prospects.