Good frickin’ grief. The relationship between the first amendment and claims for defamation were looked and resolved many decades ago. The first amendment does not bar a damage claim for defaming people. Period! What are you even talking about here? I know Nunes is a public figure and the law deals with that too by making his burden of proof more difficult.
I don’t know if he has a case or not. But I do know that trying to turn a damage claim into a political “thing” just cuz the plaintiff is a Republican is BS.
He doesn’t have a case. Zero (under the Sullivan standard).
And, one his claims has been proven to be false (the claim about how Twitter shows or hides what you see).
His lawsuit is basically about him being butthurt, and instead of sucking it up, he decided to harm others by filing suit.
That’s why I said I wish that he could be sanctioned for bringing such a frivolous claim.
So, either he’s maliciously suing people in an effort to shut them up, or he’s truly trying to change our defamation law, by appealing this up to the Supreme Court.
Either way, his actions are BS. And downright hostile to the first amendment- perhaps the single greatest foundational element of our country.
And, re: the first part of my post, was citizens united not framed in terms of defending free speech? Point being, pubs have pushed for an expansive view of the first amendment- until they are the ones being criticized. They effectively want it both ways.
I know many pubs (or former pubs) don’t approve of Nunes & Trump re: attempting to stifle criticism.
However, the reality is that they are two of the faces of the party right now. This is your current Republican Party, ladies and gentlemen. The only way to make it change course is to speak out when this type of crap happens. So far, not a single federal pub politician has condemned Nunes’s lawsuit.
I’m curious CO- how do you feel about Nunes’s suit? Is it legitimate? It’s been a LONG time since I took con law 1 & 2 in law school, but on its face this is the very definition of a frivolous case.