But doesn't that go to damages, not liability? (If) false accusation of rape is libel per se (outside of Sullivan shield)
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what authority is there for suggesting the accusation is "outside Sullivan shield"?
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Sorry. I meant if it had occurred outside Sullivan to a private citizen it would be per-se. Tripped by 140 character limit
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Besides general bad reputation, this seems an extra twist: boasting of the very thing he complains they allege.
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The contradictions are manifold.
@JamesGleick @JPinPhilly
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The Times itself reported this harms him w/ voters. If he had no reputation to damage, it wouldn't affect the polls.
@Profepps@AriMelberpic.twitter.com/nr5LdoYpgP
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larger point is that if a person boasts about behavior, it can't be defamatory to report that he engages in it. @MarcusEpstein
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Trump said this was bawdy "locker room talk." The allegations, if true, would suggest that's not the case.
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Many people accept Trump's description of his "boasts" and to if the allegations change that, it harms his reputation.
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