McCarthy says Gaetz should be convicted for having sex with a minor

[jlw]

Originally published at: https://boingboing.net/2024/06/02/mccarthy-says-gaetz-should-be-convicted-for-having-sex-with-a-minor.html

…

[EylerWerve]

The thing about libel is, to sue someone for it, you have to submit to discovery over the truth of the claims.

[Hound_of_Ulster]

Hey, Kevin, if you have some evidence, then lets have it. Otherwise STFU.

[cheem]

If he has no evidence, then surely Gaetz should sue him for defamation, right?

[danimagoo]

He could, but the bar for proving defamation against a public figure, which Gaetz clearly is, is really high. Also, the best defense to a claim of defamation is that what you are saying is the truth. My guess is this is absolutely true. If so, Gaetz won’t voluntarily go anywhere near a courtroom over this issue.

[cheem]

I agree, but I was playing along with @Hound_of_Ulster‘s comment that if Kevin has no evidence, he should STFU. I suspect that public figure or no, openly stating without evidence that such and such a person engaged in CSA would meet the standards defamation, unless I’m misunderstanding what the term “malicious intent” means. How could such an accusation, if baseless yet deliberately made to the press, be anything but malicious?

[llamaspit]

Let them fight!

[KathyPartdeux]

Hmmm…maybe someone should have done something about this when they were Speaker of the House?

[Kilkrazy]

Presumably there ought to be a trial, which if it gave a guilty verdict should be ignored until after appeal if you like Matt Gaetz’s politics.

Or something.

[RickMycroft]

So it’s okay for the “rigged courts” to convict some Republicans…?

[danimagoo]

With public figures, the standard is “actual malice”. What that means, in practical terms, is that the person making the defamatory statement has to actually know the statement was false when they made it, or they have to be found to have been reckless in throwing the statement out there. Even if McCarthy doesn’t have any evidence, if he sincerely believes Gaetz had sex with a minor, that’s not defamation. With a private citizen instead of a public figure, you don’t have to prove that. You only have to prove that the statement was false, or that the individual was negligent in saying it (as opposed to reckless). Negligent isn’t such a high bar. Reckless is, plus what is and isn’t reckless just depends on the facts and on the jury. That’s why usually it just comes down to “did the defendant know the statement was false when they said it.”

[Mister44]

Man, back when they locked up his buddy I thought for sure they would get him next. The fact that they haven’t makes me wonder if there is enough evidence to find him guilty. Or if it’s being buried at the state level. I dunno, he sounds like scum I wouldn’t want within 10 feet of my daughter.

[FloridaManJefe]

his father was a powerful state senator who still wields some power in florida. it sucks how connected the asshole is.

[hecep]

And – even now – while he’s on a get-the-bad-guy roll, bring up the malfeasances of others in the House, you know, such as abetting traitors, being traitors, racism, corruption, etc. But nope. All or most of the above are applicable to him, so can’t rock that boat.