Shofercia wrote:Bombadil wrote:We should note the point this was lost on.. that the President's twitter account can't be taken seriously. Essentially the judge ruled that Trump's twitter account is a joke.
Kind of sad that we needed a Judicial ruling on that. And that Daniels and Avenatti actually look it seriously.
I mean this is odd.. it's really the same ruling that was applied to Penthouse against Jerry Falwell. Falwell sued because Penthouse ran a mock ad where Falwell outlines his first sexual experience as fucking his mother in an outhouse. Penthouse replied that no one could seriously believe that Falwell would have done that and so it was clearly satire.
That 'no one would seriously believe', and that it was clearly satire aspect let Penthouse win.
However in this case Trump tweeted:
A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!Can that really be called rhetorical hyperbole, he's outright saying it's a con job and that's what she's claiming as defamation. I could see another ruling dismissing the case but not that 'no one would seriously believe' the claim by Trump. It's not really satire or hyperbole. He meant it. That's evidenced by his response after the ruling.
"Great, now I can go after Horseface and her 3rd rate lawyer in the Great State of Texas. She will confirm the letter she signed! She knows nothing about me, a total con!"Clearly he means it and he's repeated it.
An appeal has been filed. I'm not saying she should have won this, but I think the ruling is odd.
EDIT: to be clearer..
“If this Court were to prevent Mr. Trump from engaging in this type of ‘rhetorical hyperbole’ against a political adversary, it would significantly hamper the office of the President. Any strongly-worded response by a president to another politician or public figure could constitute an action for defamation. This would deprive this country of the ‘discourse’ common to the political process”.Basically in political discourse you can claim what you like.