Reuters reports that law student Sandra Fluke is entitled to sue Rush Limbaugh because of the ugly remarks that the talk show host has made during his radio programme. Although she hasn’t decided yet what she plans to do next, Fluke was pleased by the legal experts’ answer.
Rush Limbaugh used strong words against Sandra Fluke during his radio show last week. He called her a “slut” and a “prostitute”; therefore, liberal activists demanded that he was sued for his behavior. Limbaugh apologized for the ugly remarks he had made, but the law student declared that his regrets were not enough to make up for the damages he had caused.
Liberal activists were among the first to encourage Fluke to file lawsuit against Limbaugh for slander. Rep. Carolyn Maloney, D-New York held a speech at the New York Law School during which she told the audience that Fluke has all the rights to file lawsuit for slender even though she is not a public figure. Based on her declarations, a person is entitled to sue someone who made a false statement if the respective statement was made public, thus causing injuries to the victim.
Maloney also declared that Fluke’s case might be easier to solve because she is not a public person and she doesn’t have to prove ‘actual malice’ meaning that the statement was intentionally made to ruin someone’s reputation. In addition, Limbaugh’s remarks were made on air, so Fluke can easily win the case because the hurtful comments were heard by millions of listeners. Rush may use various excuses, such as, the fact that he was joking, but this will not help him win the case.
Limbaugh’s comments might involve other people in the trial, as well. The attorney told the press that the company syndicating Rush’s radio show might also be held responsible for “publishing” the comments.
Sandra Fluke hasn’t communicated her final intentions, yet. She told the press that she didn’t feel compensated by the official apologies that the talk show host has made. Judges, however, will take his apologies into consideration when calculating the damage award.
Anyone can sue anyone for any reason. Winning, however, is another matter. In view of her history as a political activist and the fact that she volunteered to testify, I don’t see any chance of her getting a dime.