The recent decision by a New York appeals court to affirm the dismissal of a defamation lawsuit filed against President Donald Trump highlights two important defenses to charges of defamation or libel.
In Jacobus v. Trump, public relations consultant Cheryl Jacobus alleged that President Trump defamed her in a series of tweets made during his presidential campaign. In these tweets, Trump repeatedly claimed that Jacobus had “begged” him for a job and “went hostile” after he turned her down. He also interspersed several other insults in the tweets calling Jacobus “A real dummy” and a “Major loser” with “zero credibility.” Jacobus alleged that these tweets harmed her career and disparaged her in the way of her profession, trade, or business.
Days before President Trump took office, the trial court dismissed the lawsuit. The trial court held that the term “begged” was merely an example “loose, figurative, and hyperbolic” language that is generally nonactionable. While acknowledging that the insults were “clearly intended to belittle and demean” Jacobus, the court found that the context of the tweets made it clear to any reader that they were statements of opinion and not fact. Consequently, they were too vague and subjective to be “susceptible to objective verification.” The appeals court affirmed the dismissal in a short order. Continue reading