False Statement about the target was stated as fact (not opinion)
Publication or communication of that statement to a third person
Fault on the part of the person making the statement amounting at least to negligence
Harm to the subject of the statement (damages)
Considering how hard he’s publicly pushed the story as a true fact, I think prongs 1 and 2 have been met. Alas, I can see 3 being not reached (he checked with his constituents who claimed the story was true and a judge accepts that as sufficient due diligence).
And 4 would be the hardest - how does one prove damages (like a dollar amount) and that they were specifically caused by his comments?
It’d be hard but I thinks a case can be made by analyzing violence against the Haitian community before and after the comments. We have a date for when it was said, which can serve as our starting point for after. It might not be the easiest but its definitely within reason. On top of it all, I’m tired of this and thats by design. To so obviously be trashing and damaging these communities, but due to the law still have believable excuses. Its bullshit. We know and so do the rubes.
Agreed. While not an expert, I feel like the bar for prong 3 has been lowered since I wrote the above - the original author has confessed to making it up, but Vance continued to promote the story after this and never officially retracted it.
Prong 4 still is tough - to have standing to sue you’d have to be someone who was harmed. So likely a member of the Haitian immigrant community in Springfield (of which I am not a member) would have to be the one suing, AND would have to be able to personally demonstrate damages.
Tough, but definitely possible within reason.
Considering what else is at stake, that person would need solid legal representation.
Assuming you aren’t a member either, the most you could do is lend support to folks out there, maybe reach out and see if anyone who has suffered is interested in a lawsuit and connect them to the right legal firms and such. Which is still enough to go a long way.
Unfortunately and with deep regrets, I think it’d be tough. From https://lipskylowe.com/when-are-false-accusations-of-racism-defamation/ there are four points:
Considering how hard he’s publicly pushed the story as a true fact, I think prongs 1 and 2 have been met. Alas, I can see 3 being not reached (he checked with his constituents who claimed the story was true and a judge accepts that as sufficient due diligence).
And 4 would be the hardest - how does one prove damages (like a dollar amount) and that they were specifically caused by his comments?
It’d be hard but I thinks a case can be made by analyzing violence against the Haitian community before and after the comments. We have a date for when it was said, which can serve as our starting point for after. It might not be the easiest but its definitely within reason. On top of it all, I’m tired of this and thats by design. To so obviously be trashing and damaging these communities, but due to the law still have believable excuses. Its bullshit. We know and so do the rubes.
Agreed. While not an expert, I feel like the bar for prong 3 has been lowered since I wrote the above - the original author has confessed to making it up, but Vance continued to promote the story after this and never officially retracted it.
Prong 4 still is tough - to have standing to sue you’d have to be someone who was harmed. So likely a member of the Haitian immigrant community in Springfield (of which I am not a member) would have to be the one suing, AND would have to be able to personally demonstrate damages.
Tough, but definitely possible within reason.
Considering what else is at stake, that person would need solid legal representation.
Assuming you aren’t a member either, the most you could do is lend support to folks out there, maybe reach out and see if anyone who has suffered is interested in a lawsuit and connect them to the right legal firms and such. Which is still enough to go a long way.