Mark Small

An NPR on-line article on April 12, 2017, reported The Daily Mail agreed to pay damages and issue an apology to Mrs Trump to settle defamation claims over the British tabloid's insinuations that she "provided services beyond simply modelling." 2/19

The IBT item notes that, three years later, “Twitter users are still not over” Mrs Trump’s actions. Issue has resurfaced: some criticize her taking legal action & some mock her that ‘it doesn’t change the fact that she has looked and behaved’ like one.” 3/19

“‘Cheap & common would be a good alternative. After all, she couldn't even afford clothes in those pictures,’ one commented implying about Melania’s nude photos.” Armecin, IBT, 01/05/20 4/19

First, Mrs Trump not only is a public, but now also a political, figure. “public officials and public figures have voluntarily exposed themselves to increased risk of injury from defamatory falsehood concerning them. ... 5/19

No such assumption is justified with respect to a private individual. He has not accepted public office or assumed an "influential role in ordering society." Gertz v. Robert Welch, Inc., 418 U.S. 323, 345 (1974). 6/19

Standard of proof 2 B met by plaintiff (i.e., Mrs Trump) is actual malice: Knowledge (by person who utters or publishes defamatory statement) that statement is false, or reckless disregard about whether the statement is true. Black’s Law Dictionary, 10th ed., 2014, p. 1101. 7/19

We are more protective of political speech. “There is, first, a strong interest in debate on public issues, and, second, a strong interest in debate about those persons who are in a position significantly to influence the resolution of those issues. ... 8/19

Criticism of government is at the very center of the constitutionally protected area of free discussion. Criticism of those responsible for government operations must be free, lest criticism of government itself be penalized. ... 9/19