Benjamin Zipursky was quoted in a Politico article about the current sexual misconduct lawsuit against President Trump.
Previous court rulings have determined that remarks accusing people of lying aren’t always considered protected opinion under the constitution. The Supreme Court case Milkovich v. Lorain Journal, for example, “explicitly rejected the argument that there is special First Amendment opinion protection in a defamation case centered around calling the plaintiff a liar,” according to Fordham Law professor Benjamin Zipursky.
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If Zervos is considered a private figure, she would simply have show that Trump did not act with a reasonable level of care in ascertaining whether the statement was true before making it, according to Zipursky.