“You Lie” shouted Republican Joe Wilson, a member of Congress sitting in the Republican side of the chamber as President Obama was speaking.
“She lies” Donald Trump interjected while Hillary Clinton was responding to a question in a debate. During an impeachment proceeding President Bill Clinton responded “I did not have sexual relations with that woman, Miss Lewinsky.”
Trump said “All the things those women are saying about me are lies,” He also said he will sue all those many women that came forward.
If all those things said are true, how possibly can it be considered defamation and subject to a lawsuit? We all pretty much know the answer to that. It isn’t unlawful to lie about one another. And a lawsuit can be brought against one another, fully in defiance of facts. But, isn’t free speech protected?
Maybe it isn’t.
To call another a “liar” is slanderous, whether true or not. Defamation is the action of damaging the good reputation of someone by slander or libel and is actionable. But the first Amendment gives us the right to speak the truth, doesn’t it? “Congress shall make no law …abridging the freedom of speech…” That just assumes the right of free speech and does not make a law “protecting” it.
That should be clear to everyone, speech isn’t free. Free speech can be quite costly. For example those many women that reported Trump had violated them can be sued by him. Although the facts will support them, the question is, will they have the money to protect their “right” to tell the truth in court? Trump has millions to spend on court actions and can simply win when they run out of money.
So free speech isn’t at all free for those that don’t have the money to defend their assumed right.