Another lawfag here....that’s a hell of a stretch (but God willing he could do it).
Public figure = actual malice standard for defamation. Not only does the defamatory/slanderous publication/statement have to be demonstratively false, it must also be ‘published’ with malicious intent. That is a nearly impossible standard, but if that is established, causation must be proven (that sandmann would not have fired Wood but for the tortious conduct). If he gets causation, he would next have to prove actual damages (what amount of $$ he would have recovered were he not fired).
Badass in theory, but super difficult for a public figure. Lin Wood kicks ass in my opinion. I don’t think he really needs the cash, just thinking that this suit would be uphill all the way
Good post. I wrote my appellate brief in law school about defamation of a public figure. Tough standard of proof for sure. After listening to that Mercer Law School Zoom call, I thought the Dean was being very reckless as she approached actual malice. But I found myself thinking "how could Lin Wood prove damages?" And then this happened right on its heels.
I imagine Wood is thinking hard about this. But he has much bigger fish to fry right now. And I suspect he's going to be getting his million bucks back from Mercer University lickity split.
Another lawfag here....that’s a hell of a stretch (but God willing he could do it).
Public figure = actual malice standard for defamation. Not only does the defamatory/slanderous publication/statement have to be demonstratively false, it must also be ‘published’ with malicious intent. That is a nearly impossible standard, but if that is established, causation must be proven (that sandmann would not have fired Wood but for the tortious conduct). If he gets causation, he would next have to prove actual damages (what amount of $$ he would have recovered were he not fired).
Badass in theory, but super difficult for a public figure. Lin Wood kicks ass in my opinion. I don’t think he really needs the cash, just thinking that this suit would be uphill all the way
Good post. I wrote my appellate brief in law school about defamation of a public figure. Tough standard of proof for sure. After listening to that Mercer Law School Zoom call, I thought the Dean was being very reckless as she approached actual malice. But I found myself thinking "how could Lin Wood prove damages?" And then this happened right on its heels.
I imagine Wood is thinking hard about this. But he has much bigger fish to fry right now. And I suspect he's going to be getting his million bucks back from Mercer University lickity split.